Suspension of Eviction: The Judge Can No Longer Condition It on Payment of Occupancy Indemnities

Imagine you are a landlord in Saint-Paul-lès-Dax, with a tenant who hasn't paid rent for months. You've obtained an eviction order, but the judge suspends the measure by requiring the tenant to pay occupancy indemnities. You think: "That's normal, they should at least pay something!" But is it really legal?

This question is asked by hundreds of landlords each year in the jurisdiction of Mont-de-Marsan, whether for a city-centre flat or a house in Biscarrosse. The answer comes from a decision by the Cour de cassation that clarifies the judge's powers when faced with a request to suspend an eviction.

In 2017, France's highest magistrates ruled: to order a suspension, the judge must consider only the tenant's (the debtor's) situation. They cannot add conditions, such as payment of indemnities. A decision that changes the game for both landlords and tenants.

The Facts: A Story That Happens Every Day

Mr. Dubois, owner of a flat in Saint-Paul-lès-Dax, has been renting his property to Mr. Martin for five years. Everything goes well until Mr. Martin loses his job. Rent is no longer paid, reminders go unanswered. After several months, Mr. Dubois applies to the court and obtains an eviction order. Relieved, he thinks he can finally recover his property.

But Mr. Martin, still without stable income, asks the judge to suspend the eviction. He cites his precarious situation and lack of alternative housing. The juge d'instance (the court that handles this type of dispute at first instance) agrees to suspend the measure... on one condition: Mr. Martin must pay occupancy indemnities (a sum due for occupying the premises after the end of the lease) during the suspension period.

Mr. Dubois is not satisfied: if the tenant doesn't pay these indemnities, the eviction remains suspended? He appeals. The cour d'appel (the court that re-hears the case at second instance) rules in his favour and quashes the condition. Mr. Martin, in turn, appeals to the Cour de cassation (he asks the Cour de cassation to verify whether the law was correctly applied). This is where the case takes a definitive turn.

undefined, I've encountered cases where landlords in the Landes region thought this condition was a guarantee. In reality, it often created a deadlock: the tenant, already insolvent, couldn't pay, and the eviction dragged on indefinitely.

The Court's Reasoning — Explained

The Cour de cassation, in its judgment of 19 October 2017, bases its decision on Article L. 331-3-2 of the Code de la consommation, now Article L. 722-8. This text specifies that, to order the suspension of an eviction measure, the judge "must take into consideration only the debtor's situation". In other words, only the tenant's case matters: their resources, health, housing possibilities.

The magistrates explain that the juge d'instance, by making the suspension conditional on payment of occupancy indemnities, added a condition not provided for by law. This additional condition distorts the tenant protection mechanism. In short, suspension must be granted or refused based on the tenant's personal situation, full stop. It cannot become a tool for recovering debts.

The Cour de cassation thus confirms the cour d'appel's decision, which had overturned (quashed) the first judge's ruling. This is a confirmation of case law (the body of court decisions on a point of law): for several years, cours d'appel and the Cour de cassation have been reminding that the judge cannot condition suspension on payments. This decision fits within a logic of protecting the most vulnerable tenants, but it also raises questions for landlords.

But what exactly does it change? Before, some judges might have been tempted to use this condition as a compromise. Now, it's prohibited. Suspension is an "all or nothing" measure based on the tenant's situation. If granted, the landlord must wait, without immediate financial compensation.

What This Means for You — Practically

If you are a landlord (the one renting out a property), this decision means you can no longer hope that the judge will impose payment of occupancy indemnities to suspend an eviction. Example: in Biscarrosse, for a vacant property worth €800 in rent, occupancy indemnities could amount to around €900 per month (increased rent). Before, a judge could say: "I suspend the eviction for six months, but the tenant must pay you €5,400." Now, no. You must therefore anticipate: if the tenant obtains a suspension, you'll have to wait without compensation. undefined, I advise landlords to thoroughly document the tenant's situation from the outset, to challenge any potential suspension.

If you are a tenant (debtor), this decision protects you. If you're in a difficult situation (unemployment, illness, lack of alternative housing), you can request suspension without having to pay sums that are often impossible to manage. Be careful, however: suspension doesn't erase your debts. You'll still owe unpaid rent and, eventually, occupancy indemnities. But it gives you a respite. How to react? Consult a solicitor or a housing aid association to prepare your case, providing evidence of your situation.

For real estate professionals (agencies, property managers), this means better informing landlords about risks. An eviction timeline, with possible suspension, can now last several months without payment guarantee. This parameter must be integrated into dispute management. Timelines: an eviction procedure, from applying to the court to execution, can take 8 to 18 months, or more if suspended.

Four Tips to Avoid This Type of Dispute

• Check the tenant's solvency when signing the lease: request guarantees (deposit, visale guarantee) and analyse their income. In Saint-Paul-lès-Dax, a vigilant landlord can avoid many problems.
• Act quickly in case of non-payment: don't delay. Send a formal notice (recorded delivery letter) from the first month of arrears, and apply to the court if necessary. What few people know is that the longer you wait, the longer the procedure will be.
• Document the tenant's situation: if you anticipate a suspension request, collect information about their situation (income, possible alternative housing). This will help you challenge the suspension before the judge.
• Consult a specialised solicitor at the first signs of dispute: early legal expertise can save you time and money. In the jurisdiction of Mont-de-Marsan, courts have practices you need to know.

In-Depth Analysis: Related Case Law and Developments

This decision fits within a consistent line of case law. For example, in an earlier judgment (Cour de cassation, 3rd civ., 10 March 2016, no. 15-10.042), magistrates had already reminded that the judge cannot subordinate suspension to financial conditions. The trend is clear: strengthen protection of vulnerable tenants, sometimes to the detriment of landlords' claims.

A divergent decision? Unlikely. Courts generally follow the Cour de cassation. However, in some cases, judges may refuse suspension if the tenant's situation isn't deemed sufficiently critical. Future developments might focus on assessing this "situation": what exact criteria? Health, resources, housing... Courts in the Landes region, like that of Mont-de-Marsan, have discretion, but they must stay within the legal framework.

Key Points to Remember

• The judge cannot condition suspension of an eviction on payment of occupancy indemnities: it's prohibited by law (Article L. 722-8 of the Code de la consommation).
• Only the tenant's situation matters: resources, health, housing possibilities. The landlord has no say on this point.
• If you are a landlord: anticipate by checking solvency and acting quickly. A suspension can last months without compensation.
• If you are a tenant: you can request suspension if you're in difficulty, but prepare your case well.
• Typical timelines: an eviction procedure with suspension can take over a year. Patience and strategy are essential.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

Find yourself in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of procedure — and often much more. Book an appointment →