De la Protection du bailleur contre l’insolvabilité du locataire sous la loi n°15/025 du 31 décembre 2015 relative aux baux à loyer non professionnels : Analyse et perspectives.
Publication Date : 03-12-2025
DOI: 10.59228/rcst.025.v4.i4.199
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Abstract :
The law on non-professional leases had the merit of solving the difficulties that the tenant was facing front of his landlord for several decades. However, it has been revealed in practice since its entry into force that certain tenants organize insolvency by making it impossible for their lessors to enjoy the fruits of their buildings and this, during the period of the disputes. It is then observed that the rental guarantees paid by the tenants run out during the proceedings but the latter continue to occupy the building without paying the rents to the detriment of the lessors. Several questions arise, in particular what should the lessor do in such circumstances in order to protect his rights against his tenant who has become insolvent, manage to get him to leave his building in strict compliance with his rights and without incurring too much expense, and the security mechanism to be considered to overcome the insolvency of tenants front of their landlords. The revision of certain provisions of this law is beneficia.
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