Selecting a language will automatically trigger the translation of the page content.

Are personal housing aids maintained in the case of unpaid rents?

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

In case of unpaid rents, housing assistance can be maintained to alleviate a rent debt and avoid eviction. The situation varies depending on whether the allowance is paid to the lessor or the lessee.

To the landlord

Unpaid rent occurs when the tenant has a debt equal to at least 2 times the monthly net amount of rent and expenses.

The net monthly rent amount is the rent shown on the lease net of the amount of the housing subsidy.

As soon as the unpaid amount is established, the lessor has 2 months to report it to the Caf (or the MSA). The report shall preferably be made by registered post with notice of receipt.

Who shall I contact

Warning  

the lessor may be fined €7,332.00 if it does not report the unpaid rent to the FCA (or the MSA).

The FCA (or the MSA) may also self-seize if it becomes aware of an unpaid rent that has not been reported to it.

Once the lessor has reported the unpaid amount, the Caf (or MSA) asks the lessor to set up a clearance plan debt. This plan is a schedule for the repayment of the debt that the landlord puts in place with the tenant.

If the lessor fails to comply with its obligation to put in place a clearance plan, the Cif (or MSA) shall take the matter to the Solidarity Housing Fund (FSL) so he can make a clearance plan debt.

Répondez aux questions successives et les réponses s’afficheront automatiquement

In the case of a lessor clearance plan

The debt relief plan must be put in place within a maximum of 6 months.

This plan is a document that consists in setting the conditions for refunding unpaid rents (amount, deadline...).

The payment of housing aid is then maintained if the following two conditions are met:

  • The clearance plan shall be respected and accepted by the FAC (or the AMM)
  • The tenant has resumed the rent payment in progress

Without receipt of the clearance plan within and after formal notice of the lessor, the Caf (or the MSA) must refer the matter to the FSL. The FSL then has 3 months to draw up a clearance plan.

If the three-month deadline is not met by the FSL, the Caf (or MSA) itself shall put in place a clearance plan.

In the case of an FSL clearance plan

The FCA (or the MSA) may refer the matter directly to the FSL asking it to disclose its clearance plan within 6 months.

After receipt of the clearance plan, the FCA (or AMM) shall continue to pay the housing subsidy on condition that the tenant resumes the payment of the rent in progress.

In the event of improper execution of the current rent payment plan or non-payment of rent, the FCA (or the AMM) suspends the payment of the housing aid.

Where the FSL does not make known its clearance plan in time, the Cif (or the MSA) formal notice the tenant to resume payment of the rent in progress. The tenant must also repay each month to the landlord 1/36e of its debt for three years from the month following the formal notice.

Without resumption of payment or in the event of poor execution of the plan, the FCA (or the AMM) suspends the payment of the housing aid.

To the tenant

Unpaid rent occurs when the tenant has a debt equal to at least 2 times the gross monthly amount of rent and expenses.

The gross monthly rent amount is the rent shown in the lease.

As soon as the unpaid amount is established, the lessor has 2 months to report it to the Caf (or the MSA). The report shall preferably be made by registered post with notice of receipt.

Who shall I contact

Warning  

the lessor may be fined €7,332.00 if he fails to report the unpaid rent to the FCA (or MSA).

The FCA (or the MSA) may also self-seize if it becomes aware of an unpaid rent that has not been reported to it. It may suspend or maintain the payment of housing assistance.

Once the lessor has reported the unpaid amount, the Caf (or MSA) asks the lessor to set up a clearance plan debt. This plan is a schedule for the repayment of the debt that the landlord puts in place with the tenant.

If the lessor fails to comply with its obligation to put in place a clearance plan, the Cif (or MSA) shall take the matter to the Solidarity Housing Fund (FSL) so he can make a plan to pay down the debt.

The FCA (or MSA) must propose to the lessor to obtain the payment in third-party payment (instead of the lessee). The lessor has 2 months to respond. Beyond that, his silence is tantamount to refusal.

Répondez aux questions successives et les réponses s’afficheront automatiquement

In the case of a lessor clearance plan

The FCA (or the AMM) may request the lessor to draw up a debt discharge plan within a maximum period of 6 months (2 months if the lessor has refused the third party).

This plan is a document that consists in setting the conditions for refunding unpaid rents (amount, deadline...).

The payment of housing aid is then maintained if the following two conditions are met:

  • The clearance plan shall be respected and approved by the FAC (or the AMM)
  • The tenant has resumed the rent payment in progress

Without receipt of the clearance plan within and after formal notice of the lessor, the Caf (or the MSA) seizes the FSL. The FSL then has 3 months to draw up a clearance plan.

If the three-month deadline is not met by the FSL, the Caf (or MSA) itself shall put in place a clearance plan.

In the case of an FSL clearance plan

The FCA (or the MSA) may refer the matter directly to the FSL asking it to disclose its clearance plan within 6 months.

After receipt of the clearance plan, the FCA (or AMM) shall continue to pay the housing subsidy on condition that the tenant resumes the payment of the rent in progress.

In the event of improper execution of the current rent payment plan or non-payment of rent, the FCA (or the AMM) suspends the payment of the housing aid.

Where the FSL does not make known its clearance plan in time, the Cif (or the MSA) formal notice the tenant to resume payment of the rent in progress. The tenant must also repay each month to the landlord 1/36e of its debt for three years from the month following the formal notice.

Without resumption of payment or in the event of poor execution of the plan, the FCA (or the AMM) suspends the payment of the housing aid.

Who can help me?

Find who can answer your questions in your region

  • For more information

    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