As of July 29, 2023, the termination clause (clause résolutoire) has become mandatory for all rental agreements signed after this date. This new regulation was introduced by the “Anti-Squat” law on July 27, 2023, aimed at better protecting landlords’ rights in case tenants fail to fulfill their obligations.
❓ What is this termination clause?
The clause résolutoire allows the landlord to unilaterally terminate the lease agreement if the tenant fails to fulfill their contractual obligations.
Key scenarios that can be included in this clause are:
• 📅 Non-payment of rent or utility charges.
• 💰 Failure to pay the security deposit.
• 🛡️ Lack of property insurance.
• 🚨 Disturbance of public order, confirmed by a court ruling.
🔒 How does this clause protect landlords?
If the tenant does not address the violation within the specified timeframe, the landlord can:
1. 📑 Issue a formal notice via a court bailiff.
2. ⚖️ File a court request to confirm the violation and terminate the lease.
Without this clause, the process is more complex and takes significantly longer, as the court would need to thoroughly examine the provided evidence.
🖋️ How to draft the clause?
For the clause to be legally valid, it must include:
• 📋 Clear description of the tenant’s obligations.
• ⏳ Deadlines for rectifying violations (6 weeks for rent or deposit payment, 1 month for providing insurance).
• 🚪 Consequences (automatic termination of the lease and the tenant’s obligation to vacate the property).
🛠️ How to activate the clause?
1. 📧 Send a formal written notice to the tenant specifying the violation.
2. 📜 Deliver a command letter (commandement de payer) via a court bailiff.
3. ⚖️ File a court case if the violation is not resolved.
Here’s an example showing the difference in process and timing with and without the clause résolutoire in a rental agreement (bail de location) in cases like non-payment of rent:
With the clause résolutoire
1. Process initiation:
The landlord identifies a violation (e.g., unpaid rent or lack of insurance).
• Reaction time: Immediate, upon detection of the issue.
2. Notice to tenant:
The landlord sends a command letter (commandement de payer) via a court bailiff.
• Correction period:
• 6 weeks for rent or deposit payment.
• 1 month for insurance provision.
3. Court filing:
If the tenant does not resolve the issue within the given timeframe, the landlord files a court case. The court confirms the violation based on the clause résolutoire, significantly speeding up the process.
• Outcome: Swift court decision, as the clause allows the judge to rule without detailed evidence examination.
• Estimated time: 2–3 months from initiation to eviction ruling.
4. Eviction:
Following the court decision, the landlord initiates the eviction process via a court bailiff.
Without the clause résolutoire
1. Process initiation:
The landlord detects a violation. Without the clause résolutoire, the landlord cannot immediately send a command letter.
2. Court filing:
The landlord files a court case, presenting detailed evidence of the violation (e.g., non-payment, lack of insurance). The court reviews all submitted materials, significantly prolonging the process.
• Review time: Typically 6 to 12 months, depending on case complexity and court workload.
3. Court decision:
The court may terminate the lease only after thorough analysis. The process can become even more complex if the tenant submits counterarguments or requests an extension.
4. Eviction:
After the court ruling, the eviction process begins, which may take additional months.
Time Comparison (Initiation to Eviction)
• With clause résolutoire: Approx. 3–5 months.
• Without clause résolutoire: Approx. 12–18 months (or longer for complex cases).
Conclusion: The clause résolutoire significantly simplifies and accelerates the legal process for landlords by clearly defining the conditions and deadlines tenants must follow.
📩 Contact us to receive a template for this clause to include in your rental agreement.
❓ What is this termination clause?
The clause résolutoire allows the landlord to unilaterally terminate the lease agreement if the tenant fails to fulfill their contractual obligations.
Key scenarios that can be included in this clause are:
• 📅 Non-payment of rent or utility charges.
• 💰 Failure to pay the security deposit.
• 🛡️ Lack of property insurance.
• 🚨 Disturbance of public order, confirmed by a court ruling.
🔒 How does this clause protect landlords?
If the tenant does not address the violation within the specified timeframe, the landlord can:
1. 📑 Issue a formal notice via a court bailiff.
2. ⚖️ File a court request to confirm the violation and terminate the lease.
Without this clause, the process is more complex and takes significantly longer, as the court would need to thoroughly examine the provided evidence.
🖋️ How to draft the clause?
For the clause to be legally valid, it must include:
• 📋 Clear description of the tenant’s obligations.
• ⏳ Deadlines for rectifying violations (6 weeks for rent or deposit payment, 1 month for providing insurance).
• 🚪 Consequences (automatic termination of the lease and the tenant’s obligation to vacate the property).
🛠️ How to activate the clause?
1. 📧 Send a formal written notice to the tenant specifying the violation.
2. 📜 Deliver a command letter (commandement de payer) via a court bailiff.
3. ⚖️ File a court case if the violation is not resolved.
Here’s an example showing the difference in process and timing with and without the clause résolutoire in a rental agreement (bail de location) in cases like non-payment of rent:
With the clause résolutoire
1. Process initiation:
The landlord identifies a violation (e.g., unpaid rent or lack of insurance).
• Reaction time: Immediate, upon detection of the issue.
2. Notice to tenant:
The landlord sends a command letter (commandement de payer) via a court bailiff.
• Correction period:
• 6 weeks for rent or deposit payment.
• 1 month for insurance provision.
3. Court filing:
If the tenant does not resolve the issue within the given timeframe, the landlord files a court case. The court confirms the violation based on the clause résolutoire, significantly speeding up the process.
• Outcome: Swift court decision, as the clause allows the judge to rule without detailed evidence examination.
• Estimated time: 2–3 months from initiation to eviction ruling.
4. Eviction:
Following the court decision, the landlord initiates the eviction process via a court bailiff.
Without the clause résolutoire
1. Process initiation:
The landlord detects a violation. Without the clause résolutoire, the landlord cannot immediately send a command letter.
2. Court filing:
The landlord files a court case, presenting detailed evidence of the violation (e.g., non-payment, lack of insurance). The court reviews all submitted materials, significantly prolonging the process.
• Review time: Typically 6 to 12 months, depending on case complexity and court workload.
3. Court decision:
The court may terminate the lease only after thorough analysis. The process can become even more complex if the tenant submits counterarguments or requests an extension.
4. Eviction:
After the court ruling, the eviction process begins, which may take additional months.
Time Comparison (Initiation to Eviction)
• With clause résolutoire: Approx. 3–5 months.
• Without clause résolutoire: Approx. 12–18 months (or longer for complex cases).
Conclusion: The clause résolutoire significantly simplifies and accelerates the legal process for landlords by clearly defining the conditions and deadlines tenants must follow.
📩 Contact us to receive a template for this clause to include in your rental agreement.