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Unpaid rents and eviction of the tenant

Verified 26 March 2020 - Directorate for Legal and Administrative Information (Prime Minister)

In case of unpaid rent, the landlord must first contact his insurance "unpaid rent" or the tenant's surety. If the tenant receives housing assistance, the landlord has an obligation to notify the Caf: titleContent (or the MSA: titleContent). The landlord can then ask the judge to terminate the lease and evict the tenant. He then has to call on a commissioner of justice (formerly bailiff and judicial auctioneer) to instruct him to evict him.

Step-by-step approach

When the tenant has difficulty paying, the tenant and the landlord may choose to use a conciliator of justice to formalize a payment agreement (for example, to spread the refund of the unpaid amount).

But as early as the 1ster unpaid rent, and prior to any action seeking the termination of the lease and eviction of the tenant, the landlord may contact:

If the tenant is receiving housing assistance, the owner must report to the Caf: titleContent (or the MSA: titleContent) the unpaid from the tenant. The FAC (or the AMM) may then engage in a unpaid proceedings.

The amount of unpaid payments from which the owner must notify the FCA (or FAC) depends on the method of payment of the housing assistance:

Payment to owner

The owner must notify the FAC (or the MSA) as soon as the unpaid amount equals 2 times net rent (rent minus housing assistance) excluding expenses.

Example :

For a rent of €430 per month, monthly charges of €90 and housing assistance for €200 :

The unpaid amount is to be reported when the debt is:

€430 - €200 = 230

230 x 2 = €460

Payment to tenant

The owner must notify the FAC (or the MSA) as soon as the unpaid amount equals 2 times rent excluding expenses.

Example :

For a rent of €430 per month, monthly charges of €90 and housing assistance for €200 :

The unpaid amount is to be reported when the debt is:

€430 x 2 = €860

The owner must report the unpaid amount, preferably by registered mail with notice of receipt.

Who shall I contact
Who shall I contact

Warning  

if the owner fails to report the unpaid amount, he or she may be fined €7,332.00.

The process for terminating the lease and seeking eviction of the tenant from the dwelling depends on whether or not a rescission clause :

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Lease with rescission clause

Command to pay

The owner must contact a Commissioner of Justice to send the tenant (and his surety) a command to pay specifying the sums claimed.

If the tenant disputes the amounts claimed, he can contact the landlord and, if they do not reach an agreement, he must refer the case to the protection litigation judge of the court of his domicile.

Payment periods

The tenant has 2 months to pay the sums claimed and the costs of the Commissioner of Justice. If he cannot pay them, he may during this period:

After this period

After this period of 2 months (or the period of payment granted by the judge):

  • if the tenant has paid the amounts due, he can stay in the accommodation
  • if the tenant has not paid the amounts due, the landlord must refer the case to the protection litigation judge for him to find that the lease is terminated and to order the eviction of the tenant. The owner may bring an action before the court in interlocutory.
    The judge can still grant payment periods to the tenant who is able to settle his rental debt. During this period, the effects of the sunset clause shall be suspended.

Other Lease

Appeal to the judge

Owner must use a Commissioner of Justice to assign the tenant to the protection litigation judge and thus obtain the termination of the lease and the eviction of the tenant.

FYI  

before that, the landlord may send the tenant a formal notice to honor its commitments, but it is not obliged to do so.

Decision of the judge

The judge determines whether the tenant's fault is of sufficient gravity to justify the termination of the lease and eviction.

After considering the tenant's financial situation, the judge may decide to grant payment periods if he considers that the debt can be paid. Otherwise, the judge orders the termination of the lease and the eviction of the tenant.

When the judge orders the termination of the lease and the eviction of the tenant, the landlord must then instruct a commissioner of justice to issue the tenant a command to leave.

Time limits for leaving the accommodation

From the reception of the command to leave, the tenant has 2 months to leave the accommodation. He may apply to the judge for further time.

Request a time limit for an expulsion order - Request to the enforcement judge

FYI  

the judge may grant an additional period ranging from 3 months to a maximum of 3 years, depending on the situation of the tenant (age, state of health, family situation).

Once the judge has authorized the eviction, the landlord must appeal to a Commissioner of Justice.

Only a commissioner of justice can proceed with the eviction of the tenant.

Please note

  • the owner must not enter the dwelling before the intervention of the commissioner of justice, change the lock, touch the furniture, on pain of prosecution for home invasion.
  • if the landlord takes care of the eviction of the tenant himself, he risks 3 years in prison and €30,000 of fine.

When is the deportation?

The Commissioner of Justice may announce his visit to the tenant in advance, but he is not obliged to do so.

In order to proceed with the eviction, the Commissioner of Justice may only attend the dwelling working days, between 6 a.m. and 9 p.m.

He cannot make any evictions during the winter break. This period generally ranges from 1er November to March 31 (inclusive) of the following year. But the winter break not applicable when the eviction is accompanied by a relocation corresponding to the needs of the tenant (the number of rooms must correspond to the number of occupants).

FYI  

in the overseas departments (Dom), a cyclonic truce may also apply.

What happens when the Commissioner of Justice speaks?

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The tenant agrees to leave the accommodation

If the tenant makes no protest to leave the premises, the Commissioner of Justice draws up a notice of eviction and the tenant leaves the accommodation.

If goods have been left behind or if they have been deposited by the Commissioner of Justice in an appropriate place, the deportation report must contain the following information:

  • an inventory of the goods, indicating whether or not they appear to have a market value
  • an indication of the place and the conditions of access to the premises where they were lodged
  • the obligation for the person expelled, in very visible characters, to have to withdraw his goods within the non-renewable period of two months from the delivery or service of the minutes. Goods not withdrawn shall be sold by public auction if the inventory shows that they appear to have a market value. Otherwise, property is considered abandoned except personal papers and documents that are placed in sealed envelopes and kept for 2 years by the Commissioner of Justice
  • a reference to the possibility for the person expelled to challenge the lack of market value of the goods within 1 month of delivery or service of the statement
  • an indication of the court having territorial jurisdiction to hear the dispute
  • reproduction of articles R. 121-6 to R. 121-10, R 442-2 and R 442-3 of the Code of Civil Enforcement Procedures

Refusal to open the door

The Commissioner of Justice cannot enter the dwelling. He then draws up a report of the attempted expulsion, which records his failure. The commissioner of justice can then request the prefecture for the police or gendarmerie to assist him in carrying out the expulsion.

FYI  

if the prefect refuses, the landlord can ask for compensation.

When the prefect agrees, the commissioner of justice comes with a locksmith and the gendarmerie or police to carry out the expulsion.

If goods have been left behind or if they have been deposited by the Commissioner of Justice in an appropriate place, the deportation report must contain the following information:

  • an inventory of the goods, indicating whether or not they appear to have a market value
  • an indication of the place and the conditions of access to the premises where they were lodged
  • the obligation for the person expelled, in very visible characters, to have to withdraw his goods within the non-renewable period of two months from the delivery or service of the minutes. Goods not withdrawn shall be sold by public auction if the inventory shows that they appear to have a market value. Otherwise, property is considered abandoned except personal papers and documents that are placed in sealed envelopes and kept for 2 years by the Commissioner of Justice
  • a reference to the possibility for the person expelled to challenge the lack of market value of the goods within one month of delivery or service of the statement
  • an indication of the court having territorial jurisdiction to hear the dispute
  • reproduction of articles R. 121-6 to R. 121-10, R 442-2 and R 442-3 of the Code of Civil Enforcement Procedures

Absent tenant

The Commissioner of Justice cannot enter the dwelling. He then draws up a report of the attempted expulsion, which records his failure. The commissioner of justice can then request the prefecture for the police or gendarmerie to assist him in carrying out the expulsion.

FYI  

if the prefect refuses, the landlord can ask for compensation.

When the prefect agrees, the commissioner of justice comes with a locksmith and the gendarmerie or police to carry out the expulsion.

If goods have been left behind or if they have been deposited by the Commissioner of Justice in an appropriate place, the deportation report must contain the following information:

  • an inventory of the goods, indicating whether or not they appear to have a market value
  • an indication of the place and the conditions of access to the premises where they were lodged
  • the obligation for the person expelled, in very visible characters, to have to withdraw his goods within the non-renewable period of two months from the delivery or service of the minutes. Goods not withdrawn shall be sold by public auction if the inventory shows that they appear to have a market value. Otherwise, property is considered abandoned except personal papers and documents that are placed in sealed envelopes and kept for 2 years by the Commissioner of Justice.
  • a reference to the possibility for the person expelled to challenge the lack of market value of the goods within one month of delivery or service of the statement
  • an indication of the court having territorial jurisdiction to hear the dispute
  • reproduction of articles R. 121-6 to R. 121-10, R 442-2 and R 442-3 the Code of Civil Enforcement Procedures.

Who can help me?

Find who can answer your questions in your region

  • For the tenant and owner

    SOS unpaid rents

    Accompanying, advisory and preventive service in case of risks of evictions related to situations of unpaid rent. This service is intended for both the landlord and the tenant.

    By telephone

     0 805 160 075

    Toll-free: call and free service, from landline or mobile

  • Telephone administrative information - Allo Public Service

    The informants who answer you belong to the ministry in charge of housing and city planning.

    Cost: free service

    Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.

    The service is available at the following times:

    • Monday: 8.30am to 5.30pm
    • Tuesday: 8:30 to 12:15
    • Wednesday: 8:30 to 12:15
    • Thursday: 8.30am to 5.30pm
    • Friday: 1 p.m. to 4:15 p.m

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