Unpaid rent and tenant eviction in France

What to do in case of unpaid rent?

In the event of unpaid rent, the landlord must first turn to their rent guarantee insurance or to the tenant's security deposit .

If the tenant receives housing assistance, the host also has the obligation to inform the Caf (Caisse d'Allocations Familiales) or the MSA (Mutualité Sociale Agricole).

If no amicable solution is found, the host can take legal action to request the termination of the lease and the eviction of the tenant .

This process requires the intervention of a judicial officer (formerly a bailiff), who is the only one authorized to carry out the eviction.

Obtain payment via the deposit or insurance

In case of payment difficulties, both parties can contact a mediator to try to find a repayment agreement , such as a payment plan.

However, from the first missed payment , and before any legal proceedings, the hosting provider can request:

  • The tenant's security deposit
  • Action Logement , if the tenant benefits from the Visale guarantee
  • His insurer , if he has taken out insurance covering unpaid rent

Report an unpaid bill to the Caf or the MSA

If the tenant receives housing assistance, the host must report the unpaid rent to the Caf or the MSA.

This report must be made as soon as the unpaid amount reaches the equivalent of two months of net rent (rent excluding charges, after deduction of aid).

It is recommended that this report be made by registered mail with acknowledgement of receipt .

To terminate the lease and request eviction

The procedure depends on whether or not there is a termination clause in the lease.

This clause provides for the automatic termination of the contract in the event of a breach, including:

  • Unpaid rent or charges
  • Security deposit not paid
  • Lack of rental risk insurance
  • Neighborhood disputes noted by a judge

To call upon a judicial officer

Once the judge's decision has been made, the hosting provider must call upon a judicial officer .

He alone is legally authorized to proceed with the eviction of the tenant .

For detailed information on the procedures, you can consult the official website of the Public Service .

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