How to Evict a Tenant Who Fails to Pay Rent in France

A tenant who stops paying rent can quickly become a nightmare for a landlord. Between financial losses and complex legal procedures, the situation may seem overwhelming. However, French law strictly regulates eviction procedures to protect the rights of both landlords and tenants. Here’s how to act legally and effectively to recover your property while avoiding common pitfalls.

1. Assess the Situation and Act Promptly

1.1. Identify Rent Arrears

Rent arrears occur when a tenant fails to pay all or part of the rent and charges by the due date specified in the tenancy agreement. Under the Code de la construction et de l’habitation, the landlord must report the arrears to the body responsible for housing benefits (such as the CAF) within two months of their occurrence, unless the debt is settled in the meantime. This notification is crucial, as it triggers prevention and recovery mechanisms.

1.2. Notify the Tenant in Writing

Before initiating any legal proceedings, it is essential to inform the tenant of their debt via registered letter with acknowledgement of receipt (LRAR). This notification must include:

• The exact amount of the arrears (rent and charges).
• The date on which the debt was recorded.
• A reminder of the tenant’s contractual obligations.
• A formal demand to rectify the situation within a reasonable timeframe (typically 8 to 15 days).

This step is mandatory and serves as proof that the tenant has been informed of their debt. It is also necessary for any subsequent court action.

1.3. Refer the Matter to the Commission for the Prevention of Evictions (CCAPEX)

In cases of rent arrears, the landlord must also inform the Commission de Coordination des Actions de Prévention des Expulsions Locatives (CCAPEX). This commission, referenced in the Code de la construction et de l’habitation, aims to find amicable solutions to avoid eviction. It may propose financial assistance, payment plans, or direct the tenant to social support services.

2. Initiate Legal Proceedings

If the tenant fails to rectify the situation after the formal demand, the landlord may commence legal proceedings to obtain the termination of the tenancy agreement and the eviction of the tenant. Here are the key steps:

2.1. Apply to the Judicial Court

The landlord must issue proceedings against the tenant in the tribunal judiciaire of the district where the property is located. This summons must be served by a bailiff (huissier de justice) and must include:

• The details of the landlord and tenant.
• A summary of the facts (dates and amounts of arrears).
• A request for termination of the tenancy agreement and eviction.
• Where applicable, a claim for payment of the outstanding rent.

The court will review the application and may order the termination of the tenancy agreement if the arrears are proven. In some cases, the court may also grant the tenant payment deadlines, as provided for in the arrêté du 29 mai 2015 relating to tenancy agreements. These deadlines may extend up to three years if the tenant can resume rent payments and demonstrates a capacity to repay.

2.2. Obtain an Eviction Order

If the court orders the termination of the tenancy agreement, it will also issue an eviction order. However, this decision cannot be enforced immediately. The tenant has a two-month period from the date of service of the judgment to vacate the premises. This period may be reduced to one month if the property is located in a high-demand area (where housing demand exceeds supply).

During this period, the tenant may appeal the judgment. If an appeal is lodged, the eviction is suspended until the Court of Appeal delivers its decision.

2.3. Enforce the Eviction via a Bailiff

If the tenant fails to vacate the premises by the end of the specified period, the landlord must engage a bailiff (huissier de justice) to proceed with the eviction. The bailiff will serve a notice to quit (commandement de quitter les lieux), granting the tenant an additional two-month period to leave.

If the tenant still refuses to leave, the bailiff may request the intervention of the police or other law enforcement authorities to carry out a forced eviction. This step is regulated by law and may only take place in the presence of a state representative (such as a police commissioner or prefect).

3. Tenant’s Remedies

Even in cases of rent arrears, the tenant has several options to avoid or delay eviction. Here are the main remedies:

3.1. Request Payment Deadlines

As previously mentioned, the tenant may request payment deadlines from the court to settle their debt. These deadlines may extend up to three years, provided the tenant resumes rent payments and adheres to a repayment schedule. If the tenant complies with these conditions, the tenancy agreement is not terminated, and eviction is avoided.

3.2. Apply to the Solidarity Fund for Housing (FSL)

The Fonds de Solidarité pour le Logement (FSL) is a scheme that may provide financial assistance to tenants struggling to pay their rent. The tenant may apply to this fund for one-off aid or social support. The FSL application may be considered by the court when granting payment deadlines.

3.3. Invoke the Winter Truce

In France, evictions are prohibited during the winter truce (trêve hivernale), which runs from 1 November to 31 March. During this period, even if an eviction order has been issued, the tenant cannot be evicted, except in exceptional cases (such as squatters or uninhabitable properties). This measure aims to protect tenants from eviction during the coldest months of the year.

4. Common Mistakes to Avoid

Initiating eviction proceedings is a lengthy and complex process. Here are the most common mistakes to avoid:

4.1. Failing to Comply with Legal Deadlines

Each stage of the procedure is subject to strict deadlines. For example, the landlord must wait two months after the arrears arise before applying to the court. Similarly, the tenant has two months from the date of service of the judgment to vacate the premises. Failure to comply with these deadlines may result in the procedure being annulled.

4.2. Evicting the Tenant Without a Court Order

A landlord may never evict a tenant without a court order, even in cases of rent arrears. Any eviction carried out without a judgment is illegal and may expose the landlord to prosecution for unlawful entry (violation de domicile) or unlawful eviction, which are criminal offences.

4.3. Cutting Off Utilities (Water, Electricity, Gas)

Cutting off utilities (water, electricity, gas) to force a tenant to leave is strictly prohibited by law. This practice is considered unlawful coercion (voie de fait) and may result in criminal penalties for the landlord. Only a court order permits eviction.

4.4. Ignoring Social Assistance

These forms of assistance may help resolve the situation and avoid costly, time-consuming legal proceedings.

5. Steps to Take After Eviction

Once the eviction has been carried out, the landlord must complete several additional steps:

5.1. Recover Unpaid Rent

The eviction order may include a judgment against the tenant for payment of outstanding rent. To recover these sums, the landlord may engage a bailiff (huissier de justice) to initiate attachment of earnings or seizure of the tenant’s assets.

5.2. Conduct an Exit Inventory

An exit inventory (état des lieux de sortie) must be carried out to assess the condition of the property after the tenant’s departure. This inventory determines whether any damage has been caused and whether the tenant is liable for repairs.

5.3. Re-let the Property

Once the property has been vacated and any damage repaired, the landlord may re-let it. It is advisable to verify the financial reliability of prospective tenants to avoid repeating the same situation.

Frequently Asked Questions

How long does it take to evict a tenant who fails to pay rent?

The timeline varies depending on the procedural stages. On average, it takes 6 to 12 months from the first formal demand to the actual eviction. This period may be extended if the tenant appeals the judgment or if the eviction falls during the winter truce.

Can I evict a tenant without going to court?

No, any eviction carried out without a court order is illegal. The landlord must obtain a court judgment to evict a tenant, even in cases of rent arrears.

What should I do if the tenant refuses to leave after the judgment?

If the tenant refuses to vacate the premises after the judgment, the landlord must engage a bailiff (huissier de justice) to serve a notice to quit (commandement de quitter les lieux). If the tenant persists, the bailiff may request the intervention of law enforcement to carry out a forced eviction.

Can the tenant avoid eviction by paying their debt?

Yes, if the tenant settles their debt before the judgment, the landlord may no longer proceed with eviction. If the judgment has already been issued, the tenant may request payment deadlines from the court to avoid eviction, provided they resume rent payments.

What is the winter truce, and how does it affect eviction?

The winter truce (trêve hivernale) prohibits evictions from 1 November to 31 March. During this period, even if an eviction order has been issued, the tenant cannot be evicted, except in exceptional cases (such as squatters or uninhabitable properties).