Background
Decree No. 2026-596 of 6 July 2026, published in the Official Gazette on 7 July, amends the standard lease agreements. The resolution clause is not a novelty: it is the result of Act No. 2023-668 of 27 July 2023 to protect housing from unlawful occupation and already applies to leases concluded or renewed since 29 July 2023. The decree simply adapts regulatory models to this development.
Why it's important
The lease is the essential document that sets out the rights and obligations of the lessee and lessor, particularly for foreign persons who discover French rental housing. The new statements deal with the consequences of unpaid payments, the security deposit and the obligation of principal residence, which directly affect housing conditions and the risk of expulsion.
What Changes
New model contracts include a full termination clause in the event of non-payment of rent, expenses or security deposit; termination may only occur after a payment order remains in effect for 6 weeks. In addition, the principal residence requirement when the dwelling is subject to it and the optional mobile telephone numbers of both parties are mentioned.
Useful details
- Decree No. 2026-596 of 6 July 2026 amends Decree No. 2015-587 of 29 May 2015 on standard housing rental contracts for principal residence.
- The resolution clause shall apply in the event of: non-payment of rent; non-payment of expenses; non-payment of the security deposit.
- Termination can only occur after a payment command has been in effect for 6 weeks.
- The obligation to incorporate this clause has existed since 29 July 2023 under Act No. 2023-668 of 27 July 2023 to protect housing from unlawful occupation.
- Where the dwelling is subject to a principal residence obligation (which some municipalities may impose for certain dwellings), this information must be included in the lease.
- The indication of the mobile telephone numbers of the lessor and the lessee remains optional and is intended to facilitate exchanges and the prevention of rental evictions.
Terms to know
- clause résolutoire
- clause which results in the automatic termination of the lease, without a court order, in the event of a defined breach, e.g. unpaid payments
- dépôt de garantie
- sum of money paid by the tenant to the lessor upon entry into the dwelling
- commandement de payer
- act served by a Commissioner of Justice ordering payment before termination of the lease
- résidence principale
- accommodation where the person lives for most of the year
- colocation à bail unique
- rental shared by several occupants grouped in a single contract
