In short
Adjusting your monthly payments or deferring instalments is not a right: it is a contract option or an agreement with the bank, which is not obliged to accept (ANIL; service-public.gouv.fr). When the monthly payment goes down or instalments are deferred, the term gets longer and the interest goes up. In case of serious difficulty, the juge des contentieux de la protection (consumer protection judge) can suspend repayment for 2 years at most (Code de la consommation (Consumer Code), art. L314-20; Code civil (Civil Code), art. 1343-5). Renegotiation, by contrast, changes the rate through an avenant (amendment to the loan contract), with a 10-day cooling-off period (art. L313-39).
What the contract can provide
Flexible monthly payments. For a fixed-rate loan, ANIL (the national housing information agency) states that monthly payments can be constant, adjustable (with a possible effect on the length of the loan) or “smoothed” (our translation) where the financing is made up of several loans. The option to adjust, its limits and its conditions are therefore set out in the offre de prêt (loan offer), which sets your rights and obligations for the whole repayment period (ANIL).
Deferred repayment of capital. The loan offer may also provide for a différé d’amortissement (period during which no capital is repaid) (ANIL): check its length and cost before signing.
Measures in case of difficulty. If you are struggling to repay, the lender may offer suitable measures before any déchéance du terme (acceleration of the loan): extending the term, suspending or deferring all or part of the instalments, changing the rate, reducing payments, partial write-off or consolidating loans (ABE Info Service, Banque de France). Warn the bank as soon as an event is likely to put you in difficulty.
Ask in writing. Service-public.gouv.fr recommends sending the request for more time by a method that proves the date, for example a lettre recommandée avec accusé de réception (recorded-delivery letter with acknowledgement of receipt), and provides a template letter. The lender is not obliged to accept.
Think of your insurance. Your borrower insurance may cover the monthly payments depending on the cover taken out (death, disability, incapacity, loss of employment). You then avoid the late-payment penalties that the contract generally provides for (service-public.gouv.fr). The types of cover are detailed in our guide on assurance emprunteur (borrower insurance).
How much does adjusting or deferring cost?
The longer the term, the slower the capital is repaid and the higher the interest (ANIL). A lower monthly payment obtained by lengthening the term is therefore paid for in extra interest.
Worked example (excluding insurance and fees). Loan of €200,000 at 3% over 20 years: monthly payment of €1,109.20. After 5 years, the outstanding capital is about €160,618.
| Option | Remaining term | Monthly payment | Interest still to pay |
|---|---|---|---|
| No change | 15 years | €1,109.20 | €39,038 |
| Term extended by 2 years | 17 years | €1,006.07 | €44,620 |
The monthly payment falls by €103.13, but the interest still to pay rises by about €5,582. Ask the bank for the new amortisation schedule and the total cost before accepting.
The grace period granted by the court
If the bank refuses, you can ask the judge for a délai de grâce (grace period). The Civil Code allows the judge, taking into account the debtor’s situation and the creditor’s needs, to “defer or spread out, within a limit of two years, payment of the sums due” (art. 1343-5).
For a mortgage, article L314-20 of the Consumer Code specifies that:
- the suspension is ordered by an order of the consumer protection judge, in particular in the event of redundancy or of becoming entitled to the allocation journalière de présence parentale (daily allowance for a parent caring for a seriously ill child) (this second case was added by the Act of 12 June 2026, in force since 14 June 2026);
- the order may decide that the sums due will not bear interest during the grace period;
- the judge may set the terms for paying the sums due at the end of the suspension, provided the last payment is no more than 2 years after the original end date of the loan.
The procedure (service-public.gouv.fr): a requête (written application) to the consumer protection judge, whatever the amount of the loan, with evidence of your income, outgoings, current repayments and the reasons for your difficulties (redundancy, extended sick leave, divorce, death of a spouse or partner). A template application is provided.
A discrepancy to be aware of. Service-public.gouv.fr presents the suspension as granted “without incurring any surcharges or late-payment penalties”. The text of article L314-20 in force only says that the judge may decide that the sums will not bear interest: it is an option, not an automatic rule.
Adjusting, renegotiating, refinancing: the differences
| Adjusting or deferring | Renegotiation | Refinancing (rachat) | |
|---|---|---|---|
| What changes | Monthly payment, timetable, term | Rate, and so monthly payment or term | Lender, new contract |
| Basis | Contract clause or bank’s agreement | Amendment (art. L313-39) | New loan contract |
| Costs | Depending on the contract | Amendment fee; notary if there is a mortgage | IRA (early repayment penalty), arrangement and security fees |
Sources: service-public.gouv.fr (page F146); Consumer Code, art. L313-39; ANIL.
Renegotiation assumes a lower rate; adjusting payments does not change the rate. With a mortgage, the change of rate or term must be registered by a notary with the service de la publicité foncière (land registration office) (page F146). On refinancing, the early repayment penalty, if the contract provides for one, cannot exceed either 6 months’ interest on the capital repaid or 3% of the outstanding capital (Consumer Code, art. R313-25). See our guides on renégocier son prêt (renegotiating your mortgage) and indemnités de remboursement anticipé (early repayment penalties).
FAQ
Is my bank obliged to accept a deferral of instalments?
No, unless your contract provides for it. The lender is not obliged to accept a request for more time (service-public.gouv.fr).
How long can the judge suspend my loan?
2 years at most (Civil Code, art. 1343-5; service-public.gouv.fr). Article L314-20 of the Consumer Code adds that the last payment cannot fall more than 2 years after the original end date of the loan.
Will the suspended instalments be claimed all at once?
No. According to service-public.gouv.fr, they can be spread over the remaining term or deferred to the end of the loan; the last payment cannot be more than 2 years after the original end date (art. L314-20).
Does lowering the monthly payment cost more?
Generally yes: the term gets longer and the interest goes up (ANIL). In our example, 2 more years cost about €5,582 in interest.
What if the difficulties persist?
You can file a dossier de surendettement (over-indebtedness application), for example if the suspension granted by the judge was not enough (service-public.gouv.fr).
Which professional to consult
A courtier en crédit (mortgage broker) compares the cost of adjusting payments, renegotiating and refinancing, including fees and insurance. If your loan is secured by a mortgage, the notaire (notary) registers the renegotiation amendment with the land registration office.
Find a professional
One professional per trade and per area, selected and scored out of 100 from public data, with a verifiable title. The trade, its official register and the professionals selected (pages in French):
The mortgage broker selected in the largest cities
| City | Professional | Area | Score /100 | Status |
|---|---|---|---|---|
| Paris | Credixia | Paris, 14e arrondissement | 89 | Selected |
| Marseille | Provence Crédit | Marseille, 4e arrondissement | 81 | Selected |
| Nice | Credixpert | Nice | 80 | Selected |
| Lyon | Lyonnaise de Courtage et de Financement | Lyon, 2e arrondissement | 81 | Selected |
| Nantes | Fidelo Crédits | Nantes | 78 | Selected |
| Bordeaux | AR Finances Conseils | Bordeaux | 80 | Selected |
| Lille | Meilleurtaux | Lille | 70 | Selected |
| Rennes | Artemis Courtage | Rennes | 79 | Selected |
| Toulon | Var Courtage | Toulon | 70 | Selected |
| Saint-Étienne | LP Finances | Saint-Étienne | 71 | Selected |
The 10 cities with the most sales (DVF 2025) where a mortgage broker is selected; in a city with several areas, the best-scoring profile. "Verified": title read at the register by Payotte; "Selected": title declared, verifiable on the profile.
Related guides
Sources
- Que faire en cas de difficultés à payer les mensualités d'un crédit immobilier ? (service-public.gouv.fr, vérifié le 13 juillet 2026) (checked 12 October 2026)
- Comment renégocier ou obtenir le rachat de son crédit immobilier ? (service-public.gouv.fr, vérifié le 16 septembre 2026) (checked 12 October 2026)
- Contrat de crédit immobilier (ANIL) (checked 12 October 2026)
- Vous avez des difficultés à rembourser vos emprunts (ANIL) (checked 12 October 2026)
- Que faut-il savoir sur le crédit immobilier ? (Assurance Banque Épargne Info Service, Banque de France) (checked 12 October 2026)
- Code de la consommation, article L314-20 – version en vigueur depuis le 14 juin 2026, modifiée par la loi n° 2026-492 du 12 juin 2026 (Légifrance) (checked 12 October 2026)
- Code civil, article 1343-5 – version en vigueur depuis le 1er octobre 2016 (Légifrance) (checked 12 October 2026)
- Code de la consommation, articles L313-24 à L313-39, dont L313-39 sur l'avenant de renégociation (Légifrance) (checked 12 October 2026)
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