Tourist residences: the pandemic does not excuse non-payment of rent
Written by, Séphora Amsellem on March 15, 2026
The Civil Court of Albertville, provides a further illustration of the limits of the arguments commonly raised by operators of tourist residences to avoid payment of rent.
In this case, a landlord sought recovery of unpaid rent from PV Exploitation France, the operator of a tourism residence. In its defence, the operator relied on the consequences of the Covid-19 crisis, arguing in particular that there had been a loss of the leased property within the meaning of Article 1722 of the French Civil Code, as well as an inability to operate the premises due to administrative restrictions.
The Court dismissed all of these arguments.
It reaffirmed, in clear and established terms, that administrative closures or a decline in business activity do not amount to a loss of the leased property, as long as the premises remain physically available and capable of being used in accordance with their intended purpose. The operator therefore retains legal enjoyment of the property, irrespective of the economic difficulties encountered.
The Court also rejected any attempt to suspend rent payments based on the exception of non-performance, in the absence of any breach attributable to the landlord. As no failure to deliver the premises or disturbance of quiet enjoyment could be established, the obligation to pay rent remained fully enforceable.
Accordingly, PV Exploitation France was ordered to pay the outstanding rent, together with ancillary amounts.
This decision forms part of a now well-established line of case law: in the context of tourist residences, operators cannot rely on the health crisis to evade their contractual obligations.
It also confirms a key strategic point for landlords: unless there is evidence of an absolute impossibility of use or a breach by the landlord, rent remains due, even in times of crisis.
In litigation marked by a proliferation of Covid-related arguments, the courts continue to adopt a strict approach, focusing on the precise conditions required for such legal mechanisms to apply.