Litige immobilier : comprendre vos droits et recours

Application pratique:

Under Article 25 of Decree No. 53-960 (as amended), the judge handling the case can suspend the effects of the resolutory clause even where the landlord has validly invoked it, provided proceedings were already under way or the lease pre-dates the relevant legislative changes. The tenant should act immediately: pay what can be paid, gather evidence of ability to settle the arrears, and ask the court for a suspension (délais de grâce) rather than waiting for eviction proceedings. The landlord, for their part, should not assume automatic termination is final and should seek legal advice before re-letting the premises, since a court-ordered suspension can revive the original lease.

Application pratique:

This case law confirms that courts retain the power to suspend a resolutory clause even when the dispute pre-dates a change of tenant, meaning the new owners are not automatically without recourse just because the default occurred before they took over. Before finalising any such purchase, buyers should request an up-to-date statement of rent arrears (état des lieux locatif and quittances) from the seller and landlord. If a clause has already been triggered, the new tenant should urgently request a court hearing to seek suspension while proving the arrears can be resolved, rather than accepting the loss of the lease and the investment made in the business.

Application pratique:

Because the 1989 reform applies to leases and proceedings already in progress at the time the law took effect, the investor must be aware that even a seemingly automatic lease termination can be set aside by a judge weighing the tenant's situation. The landlord should prepare for the possibility that a suspension will be granted and, in parallel, document all missed payments and formal notices (mises en demeure) to strengthen their position should the matter proceed to full termination later. It is advisable to consult a lawyer before re-letting or selling the unit, since any premature re-letting could expose the landlord to a claim for damages if the court later reinstates the original tenant's lease.