Commercial tenants' obligations

The payment of rent is a fundamental duty for commercial tenants, and landlords must navigate both recovering overdue payments and deciding if continuing the lease is viable.

Regulation of termination clauses

Article L145-41 of the Commercial Code regulates termination clauses in lease disputes, requiring a one-month period after an unsuccessful payment demand before termination can proceed. This period is non-negotiable and was confirmed by the Court of Cassation in a 2025 ruling.

Judicial process for termination

If a payment demand fails, a landlord can ask the judicial court president to recognize the termination clause. This allows a quick decision without waiting for a full trial, but it cannot address serious disputes. The judge must review any exceptions the tenant raises, like the landlord's failure to perform their duties.

New legal requirements for payment deadlines

Law No. 2026-403 of May 26, 2026, updated Article L145-41 to require two conditions for granting payment deadlines or suspending termination: the tenant must be able to pay their debt and must have resumed full payment of current rent before the first hearing. These rules apply to requests submitted after May 28, 2026.

Post-termination procedures

Even after a lease is terminated, the landlord must follow the Civil Execution Procedures Code, including serving the decision and issuing an order to vacate. Commercial premises are not protected by the winter truce or the two-month period available for residential properties under Article L412-1 of the same code.

Special rules for distressed tenants

If a tenant is under a safeguard, restructuring, or judicial liquidation, the landlord must follow specific rules. Article L622-21 of the Commercial Code prevents or delays actions to collect debts or terminate contracts before a court decision on the tenant's financial situation. The landlord must then file their claim according to collective procedure law.