The enforcement of a clause of

Application pratique:

This ruling confirms that a forfeiture clause in a commercial lease can only be activated by an extrajudicial act—typically a formal notice (commandement) served by a bailiff. A simple registered letter, email, or lawyer's letter is insufficient. To lawfully terminate the lease, the landlord must instruct a bailiff to deliver a summons specifying the breach and referencing the clause. Without this, any court action for eviction will likely fail.

Application pratique:

According to this case law, forfeiture of a commercial lease requires an extrajudicial act. The tenant can safely ignore the solicitor’s letter as a valid termination because it does not meet the legal requirement. He should formally reply that the notice is ineffective and continue operating, while seeking legal advice. If the landlord escalates to court without a proper bailiff’s notice, the tenant can have the claim dismissed for lack of valid forfeiture.

Application pratique:

This case law means any past attempts to enforce a forfeiture clause without an extrajudicial act (bailiff’s formal notice) are legally void. The buyer must verify that all prior termination procedures were properly executed by a bailiff, as emails or letters have no effect. If the seller cannot produce a valid bailiff’s notice, the lease remains in force, and the buyer inherits the tenant. Before completing a purchase, always review the method of any forfeiture action to avoid surprises.