Decree No. 2026-596 of July 6, 2026, published in the Journal officiel on July 7, amends the standard rental contract for housing used as a principal residence. Concretely, it touches on two sensitive points: the resolutory clause and the principal residence requirement. For leases signed or renewed as of October 1, 2026, the rules change. Here is what to check, whether you are a landlord or a tenant.
The Answer in 30 Seconds
As of October 1, 2026, any lease for an unfurnished or furnished dwelling serving as a principal residence must mandatorily include a resolutory clause. This clause allows for the automatic termination of the lease in the event of non-payment of rent, charges, or the security deposit. The decree also adds a specific mention for dwellings subject to a principal residence servitude provided for by the urban planning code. Leases signed before this date are not affected, unless they are renewed after October 1, 2026.
If you have any doubt about the compliance of your current or future lease, a quick check can save months of legal proceedings. Analyze your lease in a few minutes.
What the Law Says
Decree No. 2026-596 amends Decree No. 2015-587 of May 29, 2015, which sets out the standard contract models for unfurnished and furnished rentals. Two annexes are affected: Annex 1 for unfurnished dwellings, Annex 2 for furnished ones.
The Resolutory Clause Becomes Mandatory
Before this decree, the resolutory clause was already strongly recommended, and the law of July 6, 1989 required its presence for unpaid rent, charges, or security deposit. The decree of July 6, 2026 strengthens the framework by directly modifying the content of the standard contract.
The new text of Section VIII of Annexes 1 and 2 now provides for:
- Automatic termination for non-payment of rent or charges at the agreed terms.
- Automatic termination for failure to pay the security deposit.
- A six-week period after an unsuccessful demand for payment before the clause takes effect.
The decree also adds a possibility of a resolutory clause for other grounds: failure to take out rental risk insurance, failure to comply with the obligation to peacefully enjoy the rented premises resulting from neighborhood disturbances established by a final court decision, or failure to comply with the obligation to occupy the dwelling exclusively as a principal residence when the dwelling is subject to an urban planning servitude.
The Principal Residence Requirement
The decree inserts a new mention in the standard contract, in the designation of the purpose of the contract. When the dwelling is subject to the obligation provided for in Article L. 151-14-1 of the urban planning code, the lease must state:
"Where applicable, Principal residence servitude: the dwelling that is the subject of this contract is subject to the obligation provided for in Article L. 151-14-1 of the urban planning code; it is for exclusive use as a principal residence, within the meaning of Article 2 of the aforementioned law of July 6, 1989."
This mention is not automatic. It only applies if the municipality has established a principal residence servitude in the relevant area. In that case, the dwelling cannot be rented as a secondary residence or as a seasonal rental.
The Application Timeline
The decree specifies that these provisions apply to leases concluded or renewed as of October 1, 2026. A lease signed on September 30, 2026 is therefore not affected. A lease signed on October 1, 2026 is. An old lease that expires and is renewed after this date must incorporate the new clauses.
Why This Can Be Problematic
The resolutory clause is not a simple administrative detail. It has direct consequences on the strength of the lease and on the rights of each party.
For the Landlord
A lease without a valid resolutory clause seriously complicates recovering the dwelling in the event of unpaid rent. Without this clause, the landlord must take the matter to court to request judicial termination of the lease. The procedure is longer, more costly, and the outcome is never guaranteed. With a compliant resolutory clause, the landlord can issue a demand for payment, wait the six-week period, and then note the automatic termination. Eviction then becomes faster to obtain.
But be careful: the clause must be drafted correctly. A resolutory clause that targets grounds not authorized by law is deemed unwritten. The 2026 decree precisely frames the possible grounds. A landlord who adds a resolutory clause for a fanciful reason (for example, non-payment of a personal electricity bill) takes a legal risk.
For the Tenant
The mandatory resolutory clause does not fundamentally change the situation of a tenant who pays their rent and meets their obligations. But it makes the lease more rigid on certain points. Non-payment of the security deposit, for example, can now lead to automatic termination after a demand for payment. A tenant who delays paying the security deposit risks a fast-track procedure.
The principal residence requirement, when it applies, is even more restrictive. The tenant cannot use the dwelling as an occasional pied-à-terre. If they do, the landlord can initiate termination proceedings based on the specific resolutory clause, after a formal notice from the mayor in accordance with the urban planning code.
Concrete Example
Consider a landlord renting an apartment in Annecy, in a municipality that has established a principal residence servitude. The lease is signed on October 15, 2026. The contract must include:
- The mandatory resolutory clause for unpaid rent, charges, or security deposit.
- The mention of the principal residence servitude.
- The specific resolutory clause for failure to comply with the obligation of exclusive occupation as a principal residence.
Six months later, the tenant stops paying rent. The landlord issues a demand for payment. Six weeks pass without regularization. The resolutory clause takes effect: the lease is automatically terminated. The landlord can then take the matter to court to have the termination confirmed and obtain eviction.
If the same landlord had signed the lease on September 28, 2026 without a valid resolutory clause, they would have to initiate judicial termination proceedings, with significantly longer delays.
Exceptions to Know
Not all leases are subject to the standard contract and therefore to these new obligations.
Dwellings Excluded from the Standard Contract
The decree of May 29, 2015 excludes certain dwellings from its scope. The following are not subject to the standard contract:
- Residential housing complexes (logements-foyers).
- Dwellings allocated or rented due to the exercise of a function or the occupation of a job.
- Rentals granted to seasonal workers.
- Seasonal rentals.
- Secondary residence rentals.
- Professional rentals.
- Dwellings rented under a mobility lease (bail mobilité).
For these rentals, the rules of the standard contract do not apply, including the mandatory resolutory clause from the 2026 decree.
Subsidized Housing and HLM
Dwellings subject to an APL agreement (Article L. 831-1 of the construction and housing code) and dwellings belonging to HLM organizations not subject to an APL agreement are also excluded from the standard contract for unfurnished rentals. For furnished rentals, only shared accommodations formalized by several separate contracts are excluded.
Shared Accommodations with Multiple Leases
Shared accommodations formalized by the conclusion of several contracts between the tenants and the landlord are not subject to the standard contract. However, shared accommodation with a single lease is.
Checklist: Check Your Lease After October 1, 2026
If you sign or renew a lease as of October 1, 2026, here are the points to check:
- The lease includes a resolutory clause for non-payment of rent or charges.
- The lease includes a resolutory clause for failure to pay the security deposit.
- The resolutory clause mentions the six-week period after an unsuccessful demand for payment.
- If the dwelling is subject to a principal residence servitude, the specific mention is included in the lease.
- If a resolutory clause for other grounds is provided, it only targets authorized grounds: failure to take out insurance, neighborhood disturbances established by a court decision, failure to comply with the principal residence requirement.
- The lease complies with the applicable standard model (Annex 1 for unfurnished, Annex 2 for furnished).
- The mobile phone numbers of the parties, if indicated, are optional and do not create an obligation.
A doubt on any of these points? Check your lease with our analysis tool before signing.
Possible Actions
If You Are a Landlord
- Before signing: Use a lease model compliant with the updated standard contract. Do not draft the resolutory clause yourself if you are not sure of its validity.
- For ongoing leases: Check whether your lease already includes a compliant resolutory clause. If not, you cannot unilaterally modify the ongoing lease. You will have to wait for the renewal to incorporate the new clauses.
- In case of unpaid rent: Issue a demand for payment through a judicial officer (commissaire de justice). Strictly respect the six-week period before initiating termination proceedings.
If You Are a Tenant
- Before signing: Carefully read the resolutory clause. Check that it only targets authorized grounds. A resolutory clause for a ground not provided for by law is deemed unwritten.
- For the security deposit: Pay it at the signing of the lease. Failure to pay can lead to automatic termination after a demand for payment.
- If the dwelling is subject to a principal residence servitude: Make sure you can occupy the dwelling as an actual principal residence. Occasional occupation exposes you to termination proceedings.
FAQ
Is the resolutory clause really new?
No. The resolutory clause for unpaid rent, charges, or security deposit was already mandatory since the law of July 6, 1989. The 2026 decree strengthens its framework by modifying the standard contract and specifying the possible grounds for additional resolutory clauses.
Is my lease signed in 2025 affected?
No. The decree applies to contracts concluded or renewed as of October 1, 2026. A lease signed before this date is not affected, unless it is renewed after this date.
What happens if my lease does not include a resolutory clause?
For a lease concluded after October 1, 2026, the absence of a resolutory clause makes the lease non-compliant with the standard contract. The landlord cannot rely on automatic termination. They will have to take the matter to court to obtain judicial termination.
Does the principal residence mention apply everywhere?
No. It only applies if the municipality has established a principal residence servitude under Article L. 151-14-1 of the urban planning code. Check with the town hall to see if your dwelling is affected.
Can I add a resolutory clause for other grounds?
Only for the grounds provided for by the decree: failure to take out rental risk insurance, neighborhood disturbances established by a final court decision, or failure to comply with the principal residence requirement when the dwelling is subject to an urban planning servitude. Any other resolutory clause is deemed unwritten.
Sources
- Security deposit in a residential lease
- Notice and formalities of the notice given by the tenant (residential lease)
- Charges to be paid by the tenant (rental charges or recoverable charges)
- Entry inventory of fixtures in a residential lease
- Housing
- ANIL – Standard rental contract for housing used as a principal residence
- Légifrance – Decree No. 2026-596 of July 6, 2026
- Légifrance – Law No. 89-462 of July 6, 1989
- Service-Public – Drafting the residential lease
- ANIL – Unfurnished rental lease: amount and duration of the lease contract
Legal Information
The information presented on this page is provided for informational purposes and is based on the texts and sources available at the time of its publication or last update. Legislation, regulations, and case law may evolve at any time. The results and explanations offered by bail.immo do not constitute legal advice and do not replace the opinion of a lawyer or another competent legal professional.