Unpaid rent in France: procedure, deadlines, winter truce

What the law of 27 July 2023 changed

Law no. 2023-668 of 27 July 2023, in force since 29 July 2023, tightened the procedure (Légifrance; service-public.gouv.fr):

The law also created a fine of €7,500 (Code pénal, Criminal Code, art. 315-2). It targets an occupant who stays on with no right or title, in breach of an enforceable eviction decision, more than two months after the order to vacate. Among other exceptions, it does not apply during the winter truce or to homes owned by a social landlord.

Step 1: chase the debt, then call on the guarantor

The landlord can first remind the tenant by ordinary letter, then send a mise en demeure (formal notice) by recorded delivery with acknowledgement of receipt. For a debt of €5,000 or less, an attempt at conciliation (free conciliateur de justice, a court-appointed conciliator, or a mediator) is mandatory before asking the judge to terminate the lease (service-public.gouv.fr).

From the first missed payment, the landlord can turn to the guarantor: the tenant’s personal guarantor (caution), the landlord’s rent default insurance, or Visale (the state-backed rent guarantee), which requires a formal notice within 15 days of the missed payment (service-public.gouv.fr).

If the tenant receives housing benefit, the landlord must report the arrears to the Caf (family allowance office) or to the MSA (agricultural social security fund) as soon as they reach twice the rent, net of the benefit if it is paid directly to the landlord, excluding service charges (service-public.gouv.fr).

Step 2: the order to pay (6 weeks)

The commissaire de justice serves the order on the tenant, then on the guarantor. On pain of nullity, it must state in particular (service-public.gouv.fr):

• the 6-week period to pay;
• the monthly rent and service charges, and a statement of the debt;
• the risk of termination of the lease and eviction;
• the address of the fonds de solidarité pour le logement (FSL, housing solidarity fund);
• the option of asking the judge for a period of grace.

The commissaire de justice reports the order to the Ccapex, the commission for the prevention of evictions. If the debt is paid within the 6 weeks, the lease continues.

Step 3: the summons and the hearing

With no payment and no agreement to spread the debt, the landlord summons the tenant before the juge des contentieux de la protection, possibly in summary proceedings (référé), to have the termination of the lease recorded, eviction ordered and an indemnité d’occupation (occupation charge payable in place of rent) set. The summons is also notified to the State’s representative, and the hearing takes place at least 6 weeks later. A diagnostic social et financier (social and financial assessment) informs the judge about the household’s situation (Law no. 89-462, art. 24; service-public.gouv.fr).

If the tenant has resumed paying the current rent in full before the hearing and is able to repay, the judge can grant time to pay of up to 3 years and suspend the effects of the termination clause. If the payment schedule is not kept to, the lease is terminated (art. 24; service-public.gouv.fr).

Step 4: from the decision to eviction

After termination, the commissaire de justice serves the decision and issues a commandement de quitter les lieux (order to vacate). Eviction can only take place once a period of 2 months has expired, which the judge can shorten or cancel, in particular in cases of bad faith (Code des procédures civiles d’exécution, art. L412-1). The juge de l’exécution (enforcement judge) can grant additional time of one month to one year (art. L412-4).

The winter truce. Any eviction not carried out by 1 November is suspended until 31 March of the following year, unless the rehousing of those concerned is ensured in adequate conditions (art. L412-6). If the deadline to leave the home falls during this period, the eviction is postponed (service-public.gouv.fr).

Only a commissaire de justice can carry out an eviction. A landlord who changes the locks or clears the home themselves faces 3 years’ imprisonment and a €30,000 fine (service-public.gouv.fr). Eviction takes place on a working day, between 6 am and 9 pm, with police assistance if necessary.

Typical timeline

Which professional to consult

The agent immobilier (estate agent) handling the letting management follows up reminders, calls on the guarantor or Visale and passes the file to the commissaire de justice. If the home then has to be sold, the notaire (notary) and the diagnostiqueur (property surveyor) step in for the sale.