Tenant and Termination Clause in France

Being a tenant in France and facing a termination clause or unpaid rent is worrying. This guide explains simply what the termination clause covers, who can be held responsible for rental debts, and which steps to take before and after a summons. You will find amicable options, deadlines to respect, the role of the winter moratorium and remedies before the judicial court. The goal is to provide concrete actions to protect your rights, prepare evidence and avoid eviction when possible.

Que couvre la clause résolutoire ?

The termination clause is a clause in the rental contract that provides for automatic termination of the lease in case of unpaid rent after certain formalities. It does not replace judicial procedure: the lease can be terminated if the judge confirms the termination and orders eviction according to the applicable law for residential leases.^[1]

Procédures en cas d'impayés

Phase amiable

Before any legal action, try to negotiate with the landlord: payment plan, mediation or recourse to the departmental conciliation commission can allow resolution without trial.

• Propose a written and signed schedule to spread payments.
• Request conciliation via the departmental conciliation commission.
• Contact a CAF adviser or a social worker if you are in financial difficulty.

Procédure judiciaire et expulsion

If the situation does not change, the landlord can seize the judicial court to obtain the termination of the lease and eviction. The judge can order payment deadlines or pronounce termination. In case of eviction, the winter moratorium protects tenants during a specific period each year.^[3]

Prévention et recours du locataire

To defend effectively, the tenant must gather proof of payment, emails, receipts, third-party attestations and any document related to their situation. They can request social assistance, seize the CDC, or apply for legal aid depending on their resources.

• Keep all receipts and bank statements proving payments.
• Send registered letters or use timestamped emails for any agreement proposal.
• Inquire with social services or CAF for payment assistance.

FAQ

Who pays rental debts if the lease is terminated?

The tenant remains responsible for debts incurred during the lease term. If the landlord obtains a judgment, they can seek payment from the tenant and, if necessary, initiate recovery procedures.

Does the winter moratorium prevent all evictions?

The winter moratorium suspends evictions for a determined period; however, exceptions exist (rehousing, emergency measures). Eviction measures generally cannot be executed during this period.

What are my deadlines to contest a summons?

Deadlines are indicated in the summons; it is essential to respect the hearing date and file pleadings if necessary to present your defense.

Comment faire

1. Contact the landlord as soon as difficulties arise to propose a written payment schedule.
2. Refer the matter to the departmental conciliation commission to attempt mediation before any judicial recourse.
3. Gather all proof of payment, letters, and emails to present your case to the court if necessary.
4. If a summons is issued, appear before the judicial court and, if eligible, request legal aid.

Aide et ressources

• [1] Service-public.fr — Procedures for a tenant in difficulty
• [2] Legifrance.gouv.fr — Official texts and laws
• [3] Service-public.fr — Winter moratorium and occupant protection

1. [1] Legifrance — Law n°89-462 and texts related to leases
2. [2] Service-public — Templates and tenant procedures
3. [3] Service-public — Winter moratorium