Lease termination clause in France: when it applies
Allowed grounds, six weeks after the commandement de payer, the judge's role, up to three years to pay: how the French clause résolutoire ends a residential lease.
Kivlo · Updated November 9, 2026 · Sources checked November 9, 2026 · 4 min read
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A French lease's termination clause (clause résolutoire) ends the lease automatically when the tenant fails to pay rent or charges, but only six weeks after a formal demand to pay (commandement de payer) that went unanswered, and only once a judge confirms it. Until the hearing, the tenant can still save the lease: the judge may grant up to three years to pay and suspend the clause. The rules are in article 24 of the law of 6 July 1989, which governs residential leases in France.
This guide is part of our series Unpaid rent in France: what to do, step by step.
In every lease since 2023
A termination clause is a lease term providing for automatic termination if the tenant breaches certain obligations. Since a law of 27 July 2023, every residential lease contains one for unpaid rent or charges and for an unpaid security deposit. Service-Public, the French government's information site, says this applies to leases signed from 29 July 2023.
The clause cannot cover any breach you like. Article 4 of the 1989 law forbids a termination clause based on anything other than:
| Allowed ground | Example |
|---|---|
| Rent or charges not paid on the agreed dates | March rent unpaid |
| Security deposit not paid | Deposit never paid in |
| No insurance against the tenant's risks | Tenant never took out insurance |
| Neighbourhood disturbance found by a final court decision | Nuisance established by a final judgment |
As we read it, a clause adding another ground, a sublet for example, does not allow automatic termination on that ground. This guide covers the most common case: unpaid rent.
The trigger: the commandement de payer
The clause does not apply at the first late payment. A commissaire de justice (court officer) must first serve a commandement de payer, which gives the tenant six weeks to clear the debt.
- If the tenant pays everything within that time, the clause does not take effect and the lease continues.
- If not, or only partly, the clause is acquired once the six weeks are over: as we read it, the lease is then terminated by operation of law, but only once a judge has confirmed it.
Lease signed before 29 July 2023
The 2023 law cut the delay from two months to six weeks. According to an opinion of the Cour de cassation of 13 June 2024, leases in force on 29 July 2023 keep the delay in their clause (often two months). A lease tacitly renewed since has not been ruled on: go through your clause with the commissaire de justice.
A judge must still confirm the termination
The clause does not let you take the home back. You go to the juge des contentieux de la protection (the local court judge for housing disputes), through the fast-track référé procedure if you wish, and ask them to:
- confirm that the clause applied and the lease has ended;
- order the tenant to pay the debt;
- order the eviction;
- set an occupancy payment (indemnité d'occupation), owed instead of rent until the occupant leaves.
The summons must be notified to the prefect six weeks before the hearing, so that a social and financial assessment of the tenant reaches the judge. The judge does not weigh how serious the arrears are: they check that the clause's conditions are met. But they have a powerful tool: time to pay.
Time to pay and suspension of the clause
The judge may, at the request of the tenant, the landlord or on their own motion, grant time to pay of up to three years, on two conditions:
- the tenant is able to repay the debt;
- they have resumed paying the full current rent before the hearing date.
During that time, the clause's effects can be suspended. Two outcomes:
| What the tenant does | Result |
|---|---|
| Keeps to the schedule and pays current rent | The clause is deemed never to have applied: the lease continues |
| Misses an instalment or a rent payment | The suspension ends: the clause takes full effect again |
Time to pay never suspends current rent: it stays due every month. When a debt-relief procedure (surendettement) is open for the tenant, special rules apply, and the judge asks the parties to report it.
Example
Rent of €700 plus €50 of charges. Three months unpaid, so €2,250. The commandement de payer is served on 15 April 2027; the six weeks end on 27 May 2027 with no payment. You have the tenant summoned.
Before the hearing, the tenant starts paying the €750 every month again and offers to repay €2,250 in 18 monthly instalments of €125. The judge may agree and suspend the clause. If the last instalment is paid, the lease continues as if nothing happened. If one is missed, the clause takes effect again and you can proceed to eviction, which has its own timeline, including the winter eviction truce.
Without a clause: termination by the judge
An older lease without a termination clause can still be ended, but differently. The landlord asks the judge to order termination. Service-Public says the judge then decides whether the tenant's breach is serious enough to justify termination and eviction, and may instead impose a repayment schedule if the tenant can repay. The difference is clear: with a clause, the judge confirms; without one, the judge weighs.
Have your own case checked
This is not advice for a personal case. Before starting a procedure, have your lease and debt statement checked by a commissaire de justice or a French lawyer, or by the local ADIL (Agence départementale d'information sur le logement), which gives free housing advice to landlords and tenants.
Sources
- Article 24 of law no. 89-462 of 6 July 1989 (Légifrance, in French)
- Article 4 of law no. 89-462 of 6 July 1989, forbidden clauses (Légifrance, in French)
- Cour de cassation, 3rd civil chamber, opinion of 13 June 2024, no. 24-70.002 (Légifrance, in French)
- Unpaid rent and eviction of the tenant, Service-Public (in French)
Last checked on 9 November 2026
A dated record of every reminder
A judge looks at a debt statement and dates. From the Pro+ plan, Kivlo sends the friendly reminder, then the formal notice, by e-mail or registered e-mail, and keeps every step dated in the unpaid-rent case: what you need to prepare the commandement with the commissaire de justice.
Frequently asked questions
When does the termination clause take effect?
Six weeks after a commandement de payer that was not paid in full. Leases in force on 29 July 2023 keep the delay in their clause, often two months. A judge must then confirm the termination.
Does the lease end without going to court?
No. The landlord must go to the juge des contentieux de la protection, who confirms that the clause applied and, where appropriate, orders the eviction. A landlord may never take the home back alone.
Can the judge suspend the clause?
Yes. If the tenant has resumed paying the full current rent before the hearing and can repay the debt, the judge may grant up to three years and suspend the clause meanwhile. At the first missed payment, it takes full effect again.
Which grounds can a termination clause cover?
Unpaid rent or charges, an unpaid security deposit, no tenant's insurance, and neighbourhood disturbance found by a final court decision. A clause aimed at any other breach is forbidden.
My lease has no termination clause. What then?
Since the law of 27 July 2023 every residential lease must contain one. For an older lease without it, the landlord asks the judge to order termination, and the judge weighs whether the breach is serious enough.
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Kivlo
Kivlo editorial team
Updated November 9, 2026 · Sources checked November 9, 2026 · 4 min read