Unpaid rent: steps for the landlord

In the event of unpaid rent, the landlord should react from the first unpaid instalment, first seeking an amicable solution where possible, then using the procedures provided for by law if the debt persists. For a residential tenancy, the framework governing the formal demand for payment, the application to the court and, where necessary, the subsequent proceedings must above all be observed.

On the Alabaster Coast, as elsewhere, a late payment is not dealt with in the same way as an entrenched dispute. The aim is twofold: to secure payment of the debt and to strictly comply with the rules applicable to the formal demand for payment, the court summons and, where applicable, the order to vacate the premises.

Key points to remember

• As soon as the first payment is missed, an amicable solution may be sought: additional time, payment in instalments, a written and signed agreement.
• For a lease signed since 29 July 2023, the payment order gives the tenant 6 weeks to settle their debt; for a lease already in progress on that date, the period stipulated in its termination clause applies.
• The tenant may ask the judge, at any time, for a grace period provided for by Article 1343-5 of the Civil Code (maximum 2 years). At the hearing, the judge may grant up to 3 years if the tenant has resumed full payment of the current rent before the hearing and can settle the debt.
• After a notice to vacate the premises, the period is in principle 2 months, with special rules during the winter truce from 1 November to 31 March inclusive and a possible specific cyclone truce in the overseas departments and regions.

Act immediately, without waiting several months

The first useful reaction is not to let the debt build up. ANIL reminds landlords that action must be taken from the first missed payment. For a landlord, this means quickly getting back in touch with the tenant to check whether it is a one-off oversight, a banking incident or a more lasting difficulty.

An amicable solution can be attempted from the outset. According to Service-Public.fr, the tenant may request additional time to pay the rent or offer to spread the payment over several instalments. If an agreement is reached, it is preferable to formalise it in writing and have both parties sign it. This written record helps clearly establish the sums owed and the agreed repayment schedule.

Encouraging steps that may help resolve the situation

The authorities suggest several options: reporting a change in circumstances to the Caf or MSA, applying for housing benefit, contacting Action Logement in certain cases, seeking help from a social worker, using the Housing Solidarity Fund or filing an over-indebtedness application where there is at least one other debt.

In practice, asking the tenant what steps they have taken helps assess their good faith and ability to regularise the situation. It can also help establish whether the tenant acknowledges the debt and is seeking a solution.

The SOS loyers impayés service provides free information to owners and tenants on 805,160,075, Monday to Friday. It is also useful to contact the ADIL de Seine-Maritime promptly, as it provides individuals with free information and advice, to review the debt, available assistance and the procedure.

Proceed to the order to pay when an amicable solution is no longer sufficient

When the debt persists, the procedure enters a formal phase with a demand for payment served by a judicial officer. This document demands payment of the unpaid rent and, where applicable, unpaid rental charges.

Service-Public.fr specifies that the payment order must contain certain information, failing which it has no legal value. It must include, in particular:

• the time allowed to pay the debt (6 weeks for a tenancy agreement signed since 29 July 2023);
• the monthly amount of rent and charges ;
• the information that, in the absence of payment of the debt or a request for extra time, the landlord may ask the judge to terminate the lease and order the eviction;
• the FSL address;
• the information that the tenant may ask the judge, at any time, for a grace period provided for by Article 1343-5 of the Civil Code.

During this period, the tenant may pay, partially resume rent payments, request assistance or negotiate a written agreement.

Understand what can happen during the period granted to the tenant

A formal demand for payment does not automatically bring the tenancy to an end. During the period granted to the tenant, several outcomes remain possible.

A partial payment does not necessarily stop the proceedings. Service-Public.fr states that a payment, even a partial one, may demonstrate the tenant's good faith. If the debt is not cleared and no agreement has been reached by the end of the time limit, it remains possible to apply to the judge.

Apply to the court and prepare for the hearing

Where the landlord is a legal entity other than an SCI formed exclusively between relatives and relations up to the fourth degree, the summons may not be served until at least 2 months after the CCAPEX has been approached (commission coordinating action to prevent rental evictions), failing which it is inadmissible.

The hearing must take place at least 6 weeks after receipt of the summons. This period gives the tenant time to prepare their defence, resume paying the rent and, if possible, repay all or part of the debt. They can also consult a solicitor or apply for legal aid subject to certain conditions.

At the hearing, the judge may be asked to grant a repayment period. If the tenancy agreement contains a termination clause, the tenant may also ask for its effects to be suspended during the repayment period. According to Service-Public.fr, the judge may grant a payment schedule of up to 3 years and suspend the eviction proceedings if two conditions are met:

• full payment of the current rent resumed before the hearing ;
• the tenant is able to repay their debt.

When the situation is already very tense, a landlord may find it useful to have their steps reviewed by a legal professional or ADIL to avoid a procedural error.

After the judge's decision: payment schedule, termination of the tenancy agreement or eviction

The judge's decision is served by a judicial officer. Two scenarios are possible.

The judge grants repayment periods

In this case, the tenant must repay their debt according to the agreed repayment schedule, complying with the amounts and dates set out. In return, they may remain in the property.

If this payment schedule is not complied with, the tenancy is terminated. The tenant is no longer regarded as a tenant, but as an occupier without right or title. The owner no longer charges rent: an occupation indemnity, set by the judge, takes its place. The owner can then continue the eviction proceedings by serving an order to leave the property.

The judge orders termination of the tenancy and eviction

The tenancy agreement is terminated. Once again, the occupant becomes without right or title, and the rent is replaced by an occupation indemnity set by the court. The owner may continue the proceedings by serving an order to leave the premises.

For a home let year-round, there are also year-round property management packages. Cabinet Soudey offers this service with its sister company PCG Gestion for residential tenancies, from Dieppe to Saint-Valery-en-Caux.

The formal notice to leave the premises and the periods before eviction

The formal notice to leave the premises is served by a judicial officer.

In principle, after this formal notice, the tenant has 2 months to leave the property. However, the judge may have reduced or removed this period, particularly if they consider the tenant to be acting in bad faith.

During this period, the tenant may ask the enforcement judge for an additional period ranging from 1 month to a maximum of 1 year. The judge notably takes the tenant's personal circumstances and good faith into account.

If the occupier remains in the property after the end of the period granted to leave, excluding social housing and the winter truce, they face a fine of 7,500 euros.

The winter truce and the involvement of the enforcement officer

The winter truce runs from 1 November to 31 March inclusive of the following year. In the overseas departments, a cyclone truce may apply. During this period, eviction cannot take place if the tenant has no rehousing solution; if they have accommodation suited to their needs, it may take place all year round.

The judicial officer may inform the tenant before the date set for the eviction, although this is not compulsory. If they attend, they must do so on a working day, between 6 am and 9 pm.

If the tenant refuses to open the door, the judicial officer may request assistance from the police or gendarmerie from the representative of the State in the department. If this assistance is granted, they return accompanied by a locksmith and law enforcement officers.

Items left in the property are also subject to a specific procedure. The report must in particular list the items, state their possible market value and storage location, and remind the parties that they must be removed within 2 months of delivery or service of the report. Personal papers and documents are kept by the enforcement officer for 2 years.

Frequently asked questions