It is not because a tenant has been declared in a state of over-indebtedness and has obtained a cancellation of his debts that he cannot be evicted for non-payment of rent. This is what the Court of Cassation has just indicated.
A tenant in a state of over-indebtedness and who has seen his debts erased may be evicted from the accommodation for non-payment of rent. This is the case when the obligation to leave the premises has become final before the over-indebtedness file is accepted, observed the Court of Cassation in a judgment rendered on July 6. The judges therefore found wrong a tenant who had not paid his rent for months, for lack of the means, because of his over-indebtedness.
The departmental commission of overindebtedness accepted the file and decided to erase all the non-professional debts, underlined this tenant, by deducing that his eviction had no more reason to be since he had no no more debt to its owner.
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But for the judges, this reasoning is not good. When the commission erased the debts, the termination was already acquired by the play of the termination clause which provides by law for the termination of the contract two months after an order to pay remains in vain. Debt write-off does not change anything and does not revive the canceled contract. The tenant had no more debts but had to leave the premises.
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