What to do when the terms of the lease aren't respected

Whether your tenant stops paying or your landlord ignores their maintenance duties, the path always starts the same way: a formal notice (mise en demeure), then the termination clause or the courts if nothing moves. This guide walks through the remedies on both sides of the lease.

This kind of dispute is part of the broader picture of long-term rental management, and it’s best to plan for it when the contract is drafted.

Landlord side: what to do if your tenant doesn’t respect the lease

Start with a formal notice

Before pulling out the heavy artillery, you can send your tenant a formal notice (mise en demeure). It’s an official reminder urging them to fix the situation before any proceedings begin.

Terminating the lease

If nothing changes, the route depends on the reason:

• Unpaid rent, service charges, or security deposit: your lease must contain a termination clause (clause résolutoire), which provides for automatic termination in case of breach. It only takes effect six weeks after a payment order (commandement de payer) that went unanswered.
• Other serious breach (damage, unauthorized subletting…): you generally go to court to ask for the lease to be terminated by a judge.

Refusing to renew (commercial lease)

If you rent out commercial premises, you can refuse to renew the lease without paying compensation if you can show a serious and legitimate reason: notably, if your tenant breaches their obligations and the breach continues for more than a month after a formal notice that went unanswered. Outside that case, a lease continues normally through automatic renewal: breach of the lease is the main exception to that rule.

Claiming damages

If you suffer a loss because of the breach (damage, for example), you can claim damages on top of terminating the lease.

Eviction, as a last resort

If your tenant still won’t listen, you can ask for their eviction through a court decision. Not pleasant, but sometimes necessary, especially if they didn’t return the apartment in the same condition as when they moved in, or if they stopped paying rent.

Tenant side: what if your landlord is the one breaking the lease?

Dialogue and mediation

Talking is often the best first step. If things get stuck, a mediator can help keep the situation from getting worse.

Formal notice

If talking isn’t enough, move to the next step: a formal notice reminding your landlord of the maintenance and repair obligations (other than tenant repairs) that the law makes them responsible for.

Going to court

If your landlord keeps ignoring your requests, you can go to court to enforce your rights.

Suspending or reducing rent: handle with care

As a last resort, if the problem is serious and ongoing, a judge can authorize a rent reduction or suspension. But if you make that decision on your own, without the court’s approval, you expose yourself to an unpaid-rent claim if the judge doesn’t side with you. It’s better to get a court decision before acting.

Claiming damages

If you suffered a loss because of your landlord’s inaction, you also have the right to claim damages.

Tips to avoid problems from the start

• Make sure your lease is well written, clear, and precise. Start from our lease templates if yours is vague.
• Learn about your rights and obligations, whether you’re an owner or a tenant.
• Always favor communication before launching legal proceedings.
• Document the dispute from day one. It’s the same logic as in a disagreement over the move-out inspection report.

Don’t hesitate to react quickly so things don’t escalate, and, whenever possible, try to find an amicable solution before turning to the courts.