Unpaid rents and eviction of the tenant
Verified 18 October 2023 - Legal and Administrative Information Directorate (Prime Minister)
You're a tenant
Do you know you're going to have trouble paying rent for the house you live in or do you already have trouble paying rent? You must act as soon as possible. We'll explain how.
At any time, you can ask for advice from SOS unpaid rents:
Who shall I contact
SOS unpaid rents
Coaching, advice and prevention services in case of risk of eviction due to unpaid rent. This service informs tenants, such as landlords, free of charge.
By telephone
0 805 160 075
Toll-free: call and free service, from landline or mobile
Step-by-step approach
Several solutions are possible:
Request a payment delay from the owner
You can try to find a amicable solution with the owner.
For example, you can ask them to give you extra time to pay the rent, or you can offer to spread the payment out. If you find an agreement, it's best to write it down, and sign it together.
If you have trouble finding a solution with the owner, you can contact a conciliator of justiceSo he can help you. The conciliator intervenes free of charge.
Apply for social assistance
- To the Caf: titleContent (or the MSA: titleContent)
If you are already receiving assistance from the CAF (or the MSA), you can declare a change of situation (you have lost your job, you no longer live as a couple...).
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You're dependent on the Cfa
You must use this online service:
You are dependent on the MSA (agricultural regime)
You must contact the MSA (Agricultural Scheme):
If you do not receive assistance from the Cif (or MSA), you can apply housing assistance (APL, ALS, ALF).
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You're dependent on the Cfa
You must contact the Cfa:
You are dependent on the MSA (agricultural regime)
You must contact the MSA:
- From Action Login
If you are an employee, or a pre-retiree, or a jobseeker, and your last employer is a non-farm private company with 10 or more employees, you can apply for support of Housing Action.
This assistance can take the form of an interest-free loan or of a grant. It shall be granted with the establishment of a social support provided by Action Logement. This social support is a free and confidential service.
To apply, you must use this form:
Request for social support by Action Logement
- Through a social worker
You can contact a social worker to find out what social assistance you may be entitled to (for example, Solidarity Fund for Housing "FSL" or your supplementary pension fund).
You can meet a social worker in your town hall or in a Budget advice point.
The social worker can also offer you a social support, that is to say, to accompany you in solving your difficulties.
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To contact your city hall
You live in Paris
Who shall I contact
You live in another commune
To contact a Budget Tip
Who shall I contact
File a debt distress report
If you have difficulty paying rent and at least 1 other debt, you can file a debt distress report.
One Commissioner of Justice (formerly bailiff) gave you (or sent or deposited in your mailbox) a command to pay. This order requires you to pay your debt (unpaid rents, unpaid rental charges...) to the owner.
The Pay Order must contain the following information (otherwise it has no value):
- The time allowed to pay your debt (6 weeks)
- The monthly amount of your rent and expenses
- The count of your debt
- Information that if you do not pay your debt or ask for payment delays, then the landlord can ask the judge to terminate your lease and evict you from the home
- The address of the Solidarity Housing Fund (FSL) to which you can apply for financial assistance
- Information that you can request from the judge, at any time, a grace period to pay your debt under the conditions set out in article 1343-5 of the civil code (maximum of 2 years, but the judge can give you 3 years if you are able to repay your debt)
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If you acknowledge having to pay this debt
You have six weeks to pay this amount.
During this 6-week period, you can in particular:
- Resume rent payment (even partially) and, if possible, pay off your debt (even partially). It's about attesting to your goodwill and make your debt as low as possible.
- Contact a social worker to obtain financial assistance (housing assistance from the Caf, assistance from the FSL, assistance from Housing Action, assistance from your supplementary pension fund...)
- Contact the owner to try to reach an agreement on payment terms together. If you find an agreement, it is recommended to write it down, and sign it together.
After 6 weeks:
- If you have paid off your debt, you can stay in the accommodation.
- If you haven't paid off all your debt, or made an agreement with the landlord, then the landlord can ask the judge to terminate your lease and evict you from the home. If he does, you're under subpoena in court.
At any time, you can contact a lawyer to find out the rules in force regarding rental debts:
Who shall I contact
SOS unpaid rents
Coaching, advice and prevention services in case of risk of eviction due to unpaid rent. This service informs tenants, such as landlords, free of charge.
By telephone
0 805 160 075
Toll-free: call and free service, from landline or mobile
If you dispute that amount
You need to contact the owner.
Before that, you can consult a lawyer to find out the rules in force regarding rental debts:
Who shall I contact
SOS unpaid rents
Coaching, advice and prevention services in case of risk of eviction due to unpaid rent. This service informs tenants, such as landlords, free of charge.
By telephone
0 805 160 075
Toll-free: call and free service, from landline or mobile
If you have trouble finding a solution with the owner, you can contact a conciliator of justiceSo he can help you. The conciliator intervenes free of charge.
Caution : When the disagreement is for an amount not exceeding €5,000However, this attempt at conciliation is compulsory in order to be able to refer the matter to the judge.
If the disagreement persists, you must refer the case to the protection litigation judge the court on which your dwelling depends. You don't have to have a lawyer in court.
A Commissioner of Justice (formerly a bailiff) delivers (or sends or deposits in your mailbox) a subpoena in court.
This means that you are summoned to court because the landlord asks the protection litigation judge to convict you:
- To pay off your debt
- And to be evicted from the dwelling, following the termination of your lease.
The hearing must take place at least 6 weeks after the day you received the summons.
During this period of at least 6 weeks, you can in particular:
- Consult a lawyer free of charge to seek his advice before the hearing.
- Ask a lawyer to assist you during the hearing, even if you don't have to. To pay him, you can ask legal aid, subject to certain conditions.
- Resume payment of rent and expenses, and, if possible, pay off your debt (even in part). It's about showing the judge your goodwill, and make your debt as low as possible.
- Respond to your request for information on social and financial diagnosis (FSD). The FSD serves to enlighten the judge on the causes of your debt and the steps you have taken to remedy it. You must also provide supporting documents (pay slip, application filed with the FSL: titleContent...).
During the hearing, you can ask the judge:
- Give you time to pay off your debt
- And, if your lease contains a rescinding clause, to suspend the effects of the rescinding clause (i.e. to suspend the eviction proceedings) during the refund
The judge can grant you this repayment period of up to 3 years and suspend the expulsion procedure, when you meet the following conditions:
- You have resumed payment (in full) of the current rent prior to the hearing
- You are able to repay your debt
A Commissioner of Justice (formerly a bailiff) will means the judge's decision:
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The judge gives you deadlines for reimbursement
The judge orders you to repay your debt on a schedule.
As a result, you must pay down your debt within the amounts to be repaid and the dates on which you must do so.
In return, you can stay in the accommodation.
Attention: if you do not meet this deadline (i.e. if you do not pay back, or if you pay back late), then your lease is terminated. As a result:
- You are no longer considered a tenant of your accommodation, but as a occupant without right or title
- The landlord no longer charges you rent, but occupancy allowances the amount of which shall be fixed by the court
- The landlord can continue the eviction process by sending you a command to vacate the dwelling
From then on:
- You must, as far as possible, pay occupancy allowances. It's about showing your goodwill to the judge.
- You need to anticipate your eviction by looking for a new home. For this, you can contact a social worker (inquire in town hall), apply for social housing, or to lodge a Dalo appeal, subject to certain conditions.
- If you are in social housing, you can ask the landlord to implement a social cohesion protocol. This arrangement allows the eviction procedure to be suspended, but you must in return resume the payment of rent and gradually repay your debt.
The judge orders the termination of the lease and your expulsion
Your lease is terminated. As a result:
- You are no longer considered a tenant of your accommodation, but as a occupant without right or title
- The landlord no longer charges you rent, but occupancy allowances the amount of which shall be fixed by the court
- The landlord can continue the eviction process, by sending you a command to leave
From then on:
- You must, as far as possible, pay occupancy allowances. It's about showing the judge your goodwill.
- You need to anticipate your eviction by looking for a new home. For this, you can contact a social worker (inquire in town hall), apply for social housing, or to lodge a Dalo appeal, subject to certain conditions.
- If you are in social housing, you can ask the landlord to implement a social cohesion protocol. This arrangement allows the eviction procedure to be suspended, but you must in return resume the payment of rent and gradually repay your debt.
A commissioner of justice (formerly a bailiff) issues you a command to leave the premises (or command of having to vacate the premises).
This command must indicate the following information (otherwise it has no value):
- The enforceable title justifying expulsion
- The judge before whom to request time limits or challenge the expulsion
- The date from which the dwelling is to be vacated
- Warning that from this date you can be forcibly evicted from the dwelling
- The reproduction of Articles L412-1 to L412-6 of the Code of Civil Enforcement Procedures
FYI
Usually, after being ordered to leave the premises, you have 2 months to leave the accommodation, but the judge may have reduced or eliminated this time limit (especially if he considers you to be ill will).
During the time period indicated on the command to leave the premises, you can in particular:
- Enter the enforcement judge to request additional time (or grace period). This additional period may range from 1 month to a maximum of 1 year. The judge makes his decision taking into account in particular your situation (age, state of health...) and your goodwill.
To submit your request for additional time, you must use the following form: - Search for a new home. For this, you can contact a social worker (inquire in town hall), apply for social housing, or to lodge a Dalo appeal, subject to certain conditions.
FYI
If you stay in the dwelling (excluding social housing) after the end of the period granted to you to leave it (excluding winter break), you will be fined EUR 7 500.
You haven't left the house and risk eviction.
2 situations are possible:
- If you have an alternative housing solution corresponding to your needs (the number of rooms is in accordance with the number of occupants), the eviction can take place throughout the year, as soon as the deadline to leave the housing is exceeded
- If you do not have an alternative accommodation and the end of the period to leave the accommodation occurs during the winter break (of 1 er November to March 31 inclusive of the following year), then the eviction is postponed until after the winter break. In the Dom: titleContent, a cyclonic truce may apply.
FYI
If you have filed a debt distress report, specific rules shall apply.
The Commissioner of Justice (formerly bailiff) can inform you beforehand of the date of the expulsion, but he is not obliged to do so.
For the eviction, he must report to the dwelling one working day, between 6 a.m. and 9 p.m.
When the Commissioner of Justice reports for housing, he then faces one of the following 3 situations:
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You agree to leave the accommodation
The justice commissioner prepares a deportation report and you leave the house immediately.
The deportation report shall contain the following information:
- The operations carried out during the expulsion and the identity of the persons whose assistance was required
- The judge competent to challenge the expulsion operations.
If you leave property in the dwelling, or if the Commissioner of Justice stores it in a storage room (at your expense), the eviction report must also contain the following information:
- List of such goods, indicating whether or not they appear to have a market value
- Place and conditions of access to the storage room where they are stored
- A statement, in very visible characters, that you are obliged to withdraw your goods within 2 months of the delivery or significance of the minutes (non-renewable period). Non-withdrawn assets will be sold at public auction if the inventory indicates that they have a market value. Other property not removed will be considered abandoned, except personal papers and documents which will be placed in sealed envelopes and kept for 2 years by the Commissioner of Justice
- Note that you can contest the absence of market value of the goods, within one month after the delivery or service of the minutes
- Indication of the judge to whom this challenge should be submitted
- Reproduction of articles R. 121-6 to R. 121-10, R 442-2 and R 442-3 of the Code of Civil Enforcement Procedures
FYI
If you do not have an alternative accommodation, you can call 115:
Who shall I contact
Social Samu - 115
Homelessness Emergency and Reception Number
By telephone
115 (free from landline and mobile in metropolitan France and overseas)
Open from Monday to Sunday and operating 24 hours a day
You refuse to open the door
The commissioner of justice cannot enter the housing. He then draws up a report of the attempted expulsion.
The Justice Commissioner can then ask the state representative in the department that the police or gendarmerie assist him during your expulsion.
If the state representative in the department agrees, the justice commissioner comes with a locksmith and the gendarmerie or police. You must then immediately leave the accommodation. The Commissioner of Justice shall draw up an expulsion report which shall contain the following information:
- The operations carried out during the expulsion and the identity of the persons whose assistance was required
- The judge competent to challenge the expulsion operations.
If you leave property in the dwelling, or if the Commissioner of Justice stores it in a storage room (at your expense), the eviction report must also contain the following information:
- List of such goods, indicating whether or not they appear to have a market value
- Place and conditions of access to the storage room where they are stored
- A statement, in very visible characters, that you are obliged to withdraw your goods within 2 months of the delivery or significance of the minutes (non-renewable period). Non-withdrawn assets will be sold at public auction if the inventory indicates that they have a market value. Other property not removed will be considered abandoned, except personal papers and documents which will be placed in sealed envelopes and kept for 2 years by the Commissioner of Justice
- Note that you can contest the absence of market value of the goods, within one month after the delivery or service of the minutes
- Indication of the judge to whom this challenge should be submitted
- Reproduction of articles R. 121-6 to R. 121-10, R 442-2 and R 442-3 of the Code of Civil Enforcement Procedures
FYI
If you don't have an alternative, you can call 115.
Who shall I contact
Social Samu - 115
Homelessness Emergency and Reception Number
By telephone
115 (free from landline and mobile in metropolitan France and overseas)
Open from Monday to Sunday and operating 24 hours a day
You're absent
The commissioner of justice cannot enter the housing. He then draws up a report of the attempted expulsion.
The Justice Commissioner can then ask the state representative in the department that the police or gendarmerie assist him during your expulsion.
If the state representative in the department agrees, the justice commissioner comes with a locksmith and the gendarmerie or police. You must then immediately leave the accommodation. The Commissioner of Justice shall draw up an expulsion report which shall contain the following information:
- The operations carried out during the expulsion and the identity of the persons whose assistance was required
- The judge competent to challenge the expulsion operations.
If you leave property in the dwelling, or if the Commissioner of Justice stores it in a storage room (at your expense), the eviction report must also contain the following information:
- List of such goods, indicating whether or not they appear to have a market value
- Place and conditions of access to the storage room where they are stored
- A statement, in very visible characters, that you are obliged to withdraw your goods within 2 months of the delivery or significance of the minutes (non-renewable period). Non-withdrawn assets will be sold at public auction if the inventory indicates that they have a market value. Other property not removed will be considered abandoned, except personal papers and documents which will be placed in sealed envelopes and kept for 2 years by the Commissioner of Justice
- Note that you can contest the absence of market value of the goods, within one month after the delivery or service of the minutes
- Indication of the judge to whom this challenge should be submitted
- Reproduction of articles R. 121-6 to R. 121-10, R 442-2 and R 442-3 of the Code of Civil Enforcement Procedures
FYI
If you don't have an alternative, you can call 115.
Who shall I contact
Social Samu - 115
Homelessness Emergency and Reception Number
By telephone
115 (free from landline and mobile in metropolitan France and overseas)
Open from Monday to Sunday and operating 24 hours a day
You own it
Are you the owner of a rental unit with a residential lease? The tenant doesn't pay the rent? You want to know what steps to take, and in what order? We'll explain.
At any time, you can ask for advice from SOS unpaid rents:
Who shall I contact
SOS unpaid rents
Coaching, advice and prevention services in case of risk of eviction due to unpaid rent. This service informs tenants, such as landlords, free of charge.
By telephone
0 805 160 075
Toll-free: call and free service, from landline or mobile
Step-by-step approach
You can remind the tenant of his obligation to pay rent and expenses by sending him a simple letter. If this letter does not have any effect, you can send it a formal notice by registered letter with acknowledgement of receipt.
You can also call on a conciliator of justice (free of charge) or civil mediator (fee-based) to try to reach an agreement with the tenant (e.g., a spread of payment). Be careful, this is mandatory in order to be able to ask the judge to terminate the lease, when the debt is less than or equal to 5 000. €
Starting on 1er unpaid rent, you can claim the payment from the guarantor you chose when signing the lease:
- The surety of the tenant
- The Visal guarantee. Careful, you must to report the unpaid amount within 30 days.
- Your insurance Guarantee of unpaid rents
When the tenant benefits from a housing aid (APL, ALF, SLA), you must report the unpaid amount to the Caf: titleContent (or the MSA: titleContent), from a certain amount of unpaid. This amount varies depending on whether the housing assistance is paid directly to you or not:
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The aid is paid directly to you
You 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, charges of €90 per month and housing assistance of €200 per month:
The owner must report the unpaid balance when the debt reaches:
€430 - €200 = €230
€230 x 2 = €460
The aid shall be paid to the tenant
You 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, charges of €90 per month and housing assistance of €200 per month:
The owner must report the unpaid balance when the debt reaches:
€430 x 2 = €860
You must report the unpaid amount, preferably by registered letter with acknowledgement of receipt.
Be careful if you don't report the unpaid amount, you may be fined €7,332.00.
FYI
Notified of the unpaid, the CFOA or the MSA engages a unpaid proceedings.
The procedure for terminating the lease and evicting the tenant depends on the presence of a rescission clause in the lease:
FYI
The lease signed on or after July 29, 2023 must contain a rescission clause.
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Lease with rescission clause
Have an order to pay issued to the tenant
You must load a commissioner of justice (formerly bailiff) to send to the tenant, then to his surety, one command to pay .
The Pay Order must contain the following information (otherwise it has no value):
- The time allowed to the tenant to pay his debt (6 weeks)
- Monthly rent and expenses
- The Debt Count
- Information that if the tenant does not pay his debt or ask for payment delays, then you can ask the judge to terminate your lease and evict you from the home
- The address of the Solidarity Housing Fund (FSL) to which the tenant may apply for financial assistance
- The information that the tenant can request from the judge, at any time, a grace period to pay your debt under the conditions provided by article 1343-5 of the civil code (maximum period of 2 years, but the judge may grant a period of 3 years if he is able to repay his debt)
The tenant has 6 weeks to pay his debt.
After this 6 week period:
- If the tenant has paid off all his debt, he can stay in the house
- If the tenant has not paid all of their debt, and you have not agreed with them to an extended repayment, you can take the tenant to court.
FYI
The Commissioner of Justice (formerly bailiff) who issues the order to pay must report it to the Ccapex: titleContent.
Assign tenant to court
If the tenant has not repaid all of his debt within 6 weeks after receiving the order to pay, and in the absence of agreement on an extension of the repayment, you must do the following:
- Refer the case to the protection litigation judge on which the rented accommodation depends. You may refer the matter to the judge in interlocutory. You have to ask the judge to order the tenant to pay his debt and legal fees, to find that the lease is terminated, to order the eviction of the tenant and to fix the amount of a occupancy allowance.
- Appoint a commissioner of justice (formerly bailiff) to assign the tenant in court, and to serve the state representative in the department with this summons.
The hearing takes place at least 6 weeks after the tenant has received the subpoena.
During this time, you can in particular:
- Consult a lawyer free of charge to seek his advice before the hearing.
- Ask a lawyer to assist you during the hearing, even if you don't have to. To pay him, you can ask legal aid, subject to certain conditions.
- Respond to your request for information on social and financial diagnosis (FSD). The FSD serves to enlighten the judge on the unpaid situation. This includes indicating the consequences of the tenant's debt on your financial and personal situation.
Enforce the judge's decision
- Either the application of a debt repayment schedule (up to 3 years)
If the tenant has resumed payment of the rent (in full) before the hearing and is able to repay his debt, the judge can decide to apply a debt repayment schedule, and to suspend the effects of the rescission clause (i.e. to suspend the eviction procedure).
In the event that the tenant does not respect the repayment schedule (non-repayment or late repayment), his lease will be terminated. You can then proceed with the deportation proceedings, appointing a Commissioner of Justice to signify the decision of the judge to the tenant and to issue him a command to leave. - Either the application of the rescission clause
If the tenant has not resumed payment of the rent (in full) before the hearing, or if he is unable to repay his debt, the judge may order the tenant to have his lease terminated and to be evicted from the accommodation.
You can then proceed with the deportation proceedings, by appointing a Commissioner of Justice to signify the decision of the judge to the tenant and to issue him a command to leave.
Other residential lease
Appeal to the judge
You must first:
- Enter the protection litigation judge on which the dwelling depends, to claim payment of debt and legal fees, termination of the lease, eviction of the tenant and fixing of the amount of an occupancy allowance.
- And load a Commissioner of Justice to assign the lessee in court, and signify to the state representative in the department of the assignment.
Then, you can:
- Consult a lawyer free of charge to seek his advice before the hearing.
- Ask a lawyer to intervene for you at the hearing, even if you don't have to have a lawyer. To pay him, you can ask legal aid, subject to certain conditions.
- Respond to your request for information on social and financial diagnosis (FSD). The FSD serves to enlighten the judge on the unpaid situation. This includes indicating the consequences of the tenant's debt on your financial and personal situation.
Enforcing the judge's decision
The judge shall determine whether the fault of the tenant is of sufficient gravity to justify the termination of the lease and its eviction from the dwelling.
The judge may make the following decisions:
- If the tenant cannot repay the debtorder him to have his lease terminated and to be evicted from his dwelling.
You can then proceed with the deportation proceedings, by appointing a Commissioner of Justice to signify the decision of the judge to the tenant and to issue him a command to leave. - If the tenant is able to repay the debt, the application of a debt repayment schedule.
In the event of non-compliance with this schedule (non-reimbursement or late reimbursement), the lease will be terminated. You can then proceed with the deportation proceedings by appointing a Commissioner of Justice to signify the decision of the judge to the tenant and to issue him a command to leave.
Warning
If the tenant has filed an over-indebtedness, specific rules shall apply.
After the judge has decided to terminate the lease and evict the tenant, you must appoint a commissioner of justice (formerly bailiff) of him signify this decision, and to issue him a command to leave the premises (or command of having to vacate the premises).
FYI
The Commissioner of Justice must inform the State representative in the department of this command to leave the premises.
Typically, the tenant then has 2 months to leave the accommodation (but the judge may have reduced or eliminated the tenant of bad will).
During the time allowed to leave the dwelling, the tenant can seize the enforcement judge to request additional time (or grace period). This additional period may range from one month to a maximum of one year. The judge makes his decision taking into account the situation of the tenant (age, state of health...) and his good will.
FYI
As soon as the lease is terminated, the tenant becomes occupant without right or title, to whom you charge a occupancy allowance, and no longer rent.
At the end of the period allowed to the tenant to leave the accommodation, a commissioner of justice (formerly bailiff) must proceed with his expulsion.
Warning
Only a commissioner of justice can take charge of the eviction of the tenant:
- You must not enter the dwelling before the intervention of the Commissioner of Justice, nor change the lock, nor touch the furniture. Otherwise, you risk to be prosecuted for home invasions.
- If you deport yourself, you risk up to 3 years in prison and €30,000 of fine.
2 situations are possible:
- When the tenant has an alternative accommodation corresponding to his needs (the number of rooms is in accordance with the number of occupants), the eviction can take place throughout the year, as soon as the deadline to leave the accommodation is exceeded.
- When the tenant has no alternative accommodationHowever, expulsion is not possible during the winter break, i.e. 1 er November to March 31 (inclusive) of the following year. If the deadline for leaving the accommodation expires during this period, the eviction is postponed.
In the Dom: titleContent, a cyclonic truce may apply.
FYI
If the tenant has filed an over-indebtedness, specific rules shall apply.
The Commissioner of Justice shows up at the housing one working day, between 6 a.m. and 9 p.m.
He can notify the tenant of his arrival, but he is not obliged to do so.
It can deal with one of the following 3 situations:
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The tenant agrees to leave the accommodation
The Commissioner of Justice issues a notice of eviction and the tenant immediately leaves the accommodation.
If the tenant has left property in the dwelling, the Commissioner of Justice will have it deposited in a storage room, at the expense of the evicted person.
FYI
If the evicted person has not removed them within 2 months, they will be sold at public auction if they have a market value.
The tenant refuses to leave the accommodation
The commissioner of justice cannot enter the housing. He then draws up a report of the attempted expulsion. He can then ask the state representative in the department to be assisted by the police or gendarmerie for the expulsion.
The State representative in the department agrees
The Commissioner of Justice comes to the accommodation accompanied by a locksmith and the gendarmerie or the police. The tenant must then immediately leave the accommodation.
If the tenant has left property in the dwelling, the Commissioner of Justice will have it deposited in a storage room, at the expense of the evicted person.
FYI
If the evicted person has not removed them within 2 months, they will be sold at public auction if they have a market value.
The state representative in the department refuses
If the state representative in the department refuses to allow the police or gendarmerie to intervene, you can ask for compensation. A decree in the Council of State will be published to specify this compensation.
The tenant is absent
The commissioner of justice cannot enter the housing. He then draws up a report of the attempted expulsion. He can then ask the state representative in the department to be assisted by the police or gendarmerie for the expulsion.
The State representative in the department agrees
The Commissioner of Justice comes to the accommodation accompanied by a locksmith and the gendarmerie or the police. The tenant must then immediately leave the accommodation.
If the tenant has left property in the dwelling, the Commissioner of Justice will have it deposited in a storage room, at the expense of the evicted person.
FYI
If the evicted person has not removed them within 2 months, they will be sold at public auction if they have a market value.
The state representative in the department refuses
If the state representative in the department refuses to allow the police or gendarmerie to intervene, you can ask for compensation. A decree in the Council of State will be published to specify this compensation.
Expulsion: compensation in case of refusal of law enforcement assistance
Published on 18 October 2023
A decree in the Council of State will be published to specify the compensation of the owner, in case of refusal of the assistance of the public force to carry out the eviction.
That is what section 11 of the law no. 2023-668 of 27 july 2023 to protect homes from unlawful occupation.
Who can help me?
Find who can answer your questions in your region
For the tenant and owner
SOS unpaid rents
Coaching, advice and prevention services in case of risk of eviction due to unpaid rent. This service informs tenants, such as landlords, free of charge.
By telephone
0 805 160 075
Toll-free: call and free service, from landline or mobile
For the tenant and owner
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
- Lundi : de 08h30 à 16h15
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
For the tenant
Budget advice point (PCB)
Definition of unpaid rent
Termination clause
Eviction procedure: Court decision
Command to leave
Expulsion procedure
Expulsion procedure
Law enforcement assistance
Expulsion report
Property is left in the dwelling
Self-expulsion
Compensation in the event of refusal of assistance from the police
Penalty for failure to comply with time limits for leaving the accommodation
Document template
FAQ
Service-Public.fr
Service-Public.fr
Service-Public.fr
Ministry of Health
National Agency for Housing Information (Anil)
Housing action
National Institute of Consumer Affairs (INC)
National Institute of Consumer Affairs (INC)
Legifrance