Evicting a tenant for unpaid rent in France: the complete step-by-step procedure

Your tenant has stopped paying the rent? You cannot evict them yourself. French law imposes a strict judicial procedure, lasting on average 12 to 18 months for a standard case, and up to 36 months where the claim is contested or appealed. This guide sets out each stage, from the formal notice to pay (commandement de payer) to police enforcement, so you can act effectively without any misstep.

Contents

• What you are strictly forbidden from doing
• Lawful grounds for eviction
• The eviction procedure, step by step
• Timelines and costs at a glance
• The winter truce: dates and exceptions
• What changes in 2027
• Special cases: protected tenants
• After the eviction: recovering unpaid rent
• Frequently asked questions from landlords

What you are strictly forbidden from doing

Faced with unpaid rent, the temptation to act directly can be strong. It is a mistake with serious consequences. Whatever the circumstances, you must never:

• Change the locks without a court order.
• Cut off the water, electricity or heating to force the tenant out.
• Remove the tenant's personal belongings or place them in the common areas or outside.
• Refuse to maintain the property: even in the event of arrears, the landlord remains bound to provide decent housing.

These prohibitions apply even if the tenant is acting in bad faith, even if the debt is substantial and even if the lease has ended. Any self-help eviction (changed locks, cut-off access) is a criminal offence.

Lawful grounds for eviction

Unpaid rent is by far the most common ground. The law imposes no minimum threshold of arrears: in practice, proceedings can be started from the second consecutive month without payment. Other lawful grounds include serious nuisance to neighbours, failure to take out the mandatory tenant's insurance, and breach of the tenant's contractual obligations.

Two routes exist. Where the lease contains a termination clause (clause résolutoire), the landlord can rely on it once a formal notice to pay has gone unanswered. Where there is no such clause, the landlord must bring a claim for judicial termination of the lease, over which the judge has a wider discretion.

The eviction procedure, step by step

Step 1: the formal notice to pay

The commandement de payer (formal notice to pay) is the founding act of any eviction procedure. It is governed by article 24 of the Act of 6 July 1989. It is a mandatory document served by a judicial commissioner (commissaire de justice) and gives effect to the termination clause. The tenant then has six weeks to settle the arrears. The notice must reproduce, in full:

• The termination clause set out verbatim.
• The exact amount of the debt, broken down.
• The six-week period given to the tenant to pay.

Step 2: reporting to the CCAPEX

An individual landlord or a family property company (SCI) must report the arrears to the CCAPEX (the departmental committee for the prevention of evictions) once the arrears reach two months of unpaid rent. This report, and notification to the prefecture, are prerequisites for the admissibility of the later court claim.

Step 3: the summons before the judge

Summons before the Protection Litigation Judge (Juge des contentieux de la protection) at the judicial court (tribunal judiciaire). Waiting time: 2 to 6 months. The claim asks the court to confirm that the termination clause has taken effect, to order the eviction and to order the tenant to pay the arrears.

Step 4: the eviction judgment

Handed down 1 to 2 months after the hearing. Either the eviction is ordered, or the tenant is granted time to pay under a repayment plan. The judgment ordering payment of the arrears is an enforceable order valid for 10 years.

Step 5: the notice to vacate

Once the judgment is enforceable, a further notice — the commandement de quitter les lieux (notice to vacate) — is served by a judicial commissioner. The tenant then has two months to leave the premises. Where the property is the tenant's main residence, the notice must also be sent to the prefecture.

Step 6: actual eviction and police assistance

If the tenant still does not leave after the two-month period, the landlord asks the prefect for police assistance (concours de la force publique). The prefecture may grant it, refuse it, or remain silent. A refusal, whether express or implied, does not extinguish the debt: it entitles the landlord to compensation from the State.

Timelines and costs at a glance

Timeline

Cost table

The winter truce: dates and exceptions

The winter truce runs from 1 November to 31 March and suspends all evictions during that period. The Act of 27 July 2023, known as the "Kasbarian-Bergé" law, clarified the exceptions. Eviction remains possible during the winter truce in the following cases:

• Squatters within the meaning of article 315-1 of the Criminal Code.
• Housing that is unfit or dangerous.
• Where decent alternative accommodation matching the household's needs has been offered.

What changes in 2027

From 1 January 2027, arrears of tenants receiving housing benefit will be reported as soon as the accumulated debt reaches €450 or three months' arrears, under the decrees of 12 February 2026. Proceedings started before that date remain governed by the previous rules.

Special cases: protected tenants

Tenant over 70

For unpaid rent during the lease, the ordinary procedure applies. The judge will be especially attentive to the deadlines granted to allow decent rehousing.

Tenant over 65

Same protection as above. At the end of the lease, a rehousing obligation applies to the landlord, subject to means and age conditions.

Disabled or invalid tenant

There is no absolute immunity. The judge takes the disability into account to grant additional time, in particular where dedicated resources (disabled adults' allowance, invalidity pension) are involved.

Ill tenant

There is no specific statutory protection for an ill tenant. Illness is taken into account as one factor among others when the judge assesses the time to be granted.

Tenant with minor children

The presence of children does not prevent eviction, but the judge will grant sufficient time to allow the family to rehouse.

Social-housing (HLM) tenant

The procedure is similar to the private sector. An additional tool exists: the social cohesion protocol, which can suspend the effects of the eviction in exchange for a repayment commitment.

Furnished lettings

The procedure is identical. The period given by the notice to pay is six weeks. As leases are shorter (one year, or nine months for students), the calendar can move faster.

Letting without a written lease

Eviction is possible, but proving the existence of the tenancy and the arrears is more complex. In such cases, gathering documentary evidence (payments, exchanges, receipts) is decisive.

After the eviction: recovering unpaid rent

The order against the tenant for the arrears, handed down by the judge, is an enforceable order valid for 10 years. You can pursue enforcement measures and debt recovery:

• Attachment of wages (on an order of the enforcement judge).
• Attachment of a bank account.
• Seizure of a vehicle or other movable assets.

Landlord facing unpaid rent?

Maître Léa Scemama, property-law lawyer, will assess your situation and support you at every stage of the procedure.

📞 +33 6 13 53 19 86
contact@mirai-avocats.com • Book a consultation

Frequently asked questions from landlords

How long does an eviction for unpaid rent take?

Allow 12 to 18 months for a standard case, with no dispute or appeal: 6 to 8 months to obtain a judgment, then several months for actual enforcement. If the tenant contests the claim, appeals, or if police assistance is refused, the timeline can reach up to 36 months.

How many months of unpaid rent before starting?

The law sets no minimum threshold. In practice, proceedings can be started from the second consecutive month without payment. The sooner you act, the more manageable the debt and the more likely recovery.

Can a landlord evict without a reason and without a court order?

No, never. Even where the termination clause has taken effect, only a judicial commissioner holding an enforceable order may carry out the eviction. Any self-help action is a criminal offence.

Can a tenant be evicted during the winter truce?

As a rule, no. The winter truce (1 November to 31 March) suspends all evictions. Legal exceptions exist: squatters, unfit housing, or an offer of decent alternative accommodation.

Can a tenant over 65 or 70 be evicted?

Yes, but with enhanced safeguards. For unpaid rent during the lease, the standard procedure applies and the judge takes age into account when setting deadlines. At the end of the lease, a rehousing obligation applies to the landlord.

Is it worth instructing a lawyer?

Strongly recommended. Although not mandatory before the Protection Litigation Judge, a lawyer secures the procedure, drafts the documents, avoids fatal procedural defects and represents the landlord at the hearing.

Disclaimer

This article is provided for information purposes and does not constitute legal advice. Every tenancy situation is unique. For an analysis tailored to your case and to avoid any procedural error, consult a lawyer specialising in property law.

Legal references

• Article 24 of Act No. 89-462 of 6 July 1989 (formal notice to pay, termination clause).
• Act No. 2023-668 of 27 July 2023, known as the "Kasbarian-Bergé" law (winter truce and exceptions).
• Code of Civil Enforcement Procedures, articles L.412-1 et seq. (notice to vacate, police assistance).
• Decrees of 12 February 2026 (reporting of arrears for tenants receiving housing benefit, from 2027).