Resolutory Clause and Unpaid Rent for Tenants in France
As a tenant in France, facing a resolutory clause or unpaid rent can be worrying. This guide clearly explains what a resolutory clause is, how a landlord can start proceedings, your rights during the winter suspension period, and steps to contest a formal notice. You will find practical tips to organize your evidence, communicate effectively with the landlord, and refer the matter to the departmental conciliation commission or the court if necessary. The goal is to give you clear guidance to protect your tenancy and know when to seek official help. These details are based on French legislation applicable to residential leases.[1]
What does the resolutory clause cover?
The resolutory clause is a term in the lease that provides for automatic termination of the contract in case of unpaid rent after certain formalities. It does not make eviction automatic: the landlord must follow a legal procedure and may need a judge’s decision before eviction can occur.[1]
Procedure in case of unpaid rent
Common actions in case of unpaid rent include:
- Send a formal notice to the tenant (notice) stating the amount and the deadline to pay.
- Offer or discuss a repayment schedule with the tenant (rent).
- Refer the case to the departmental conciliation commission to seek an amicable solution (contact).
- If conciliation fails, bring proceedings before the judicial court; a decision may then allow eviction.
Tenant rights and protections
Tenants have rights: they can dispute the debt, request a repayment plan, and benefit from specific protections such as the winter suspension (trêve hivernale) which generally suspends evictions between November and March, with exceptions. You can consult model lease and inventory templates and official procedures.[2]
FAQ
- What should I do if I receive a formal notice?
- Respond promptly in writing, check the claimed amount, propose a repayment plan if needed, and keep proof of your sending.
- Does the resolutory clause allow immediate eviction?
- No. The landlord must follow the legal procedure and generally obtain a court decision before any eviction.
- Can I contact the departmental conciliation commission?
- Yes, the CDC can help find an amicable solution between tenant and landlord before judicial recourse.[3]
- Does the winter suspension always protect me?
- The winter suspension generally suspends evictions, but exceptions exist depending on court decisions and personal circumstances.
How to
- Gather all documents: lease, receipts, letters, photos and bank statements.
- Contact your landlord to propose a written arrangement and keep records of that exchange (contact).
- Refer the case to the departmental conciliation commission if direct negotiation fails.
- If needed, learn how to bring the matter before the judicial court and prepare your file with collected evidence.
