Unpaid rent in France: the payment demand and the forfeiture clause

By Maître Léa Scemama, French property lawyer. Published 7 November 2026. Reading time: ~9 min.

When a tenant in France stops paying rent, the landlord cannot end the lease with a simple letter. The first formal step is a payment demand that invokes the forfeiture clause, the clause in the lease that ends it automatically for unpaid rent. The rules are strict: six mandatory statements, a six-week period, and service on the guarantor within fifteen days. This guide explains what the landlord must do, what the tenant can do, and what happens next. The firm acts for landlords in tenant eviction proceedings throughout France as part of its real estate law practice, and Maître Léa Scemama can handle the file in English and remotely if you own the property from abroad.

What is a payment demand?

A payment demand is a formal document served by a judicial officer, the court officer who serves documents and enforces judgments. It orders the tenant to pay the rent arrears within a set period. When it "invokes the forfeiture clause", it starts the period after which the lease can end automatically if the debt is still unpaid. No court decision is needed first, and the landlord can have it served as soon as the first payment is missed.

Do not confuse it with other documents that have a similar name. The demand that leads to the seizure of real property and the demand that comes before the seizure and sale of movable goods are used after a judgment or other enforceable title has been obtained, to enforce it. The demand invoking the forfeiture clause comes earlier: it prepares the termination of the lease.

A registered letter from the landlord is not a payment demand. It is a formal notice: it is useful as a record of reminders, but it does not start the period under the forfeiture clause.

The forfeiture clause, mandatory in every lease

Since Act no. 2023-668 of 27 July 2023, every residential lease must contain a clause that ends the lease automatically if the tenant fails to pay the rent or service charges when due, or fails to pay the security deposit. That clause only takes effect six weeks after a payment demand has gone unanswered (article 24, I, of the Act of 6 July 1989). The rule applies to unfurnished and furnished lettings of a main home alike.

The standard lease, mandatory for leases signed or renewed since 1 October 2026 under Decree no. 2026-596 of 6 July 2026, now contains this clause in set wording. It also sets rules for three optional forfeiture clauses: failure to insure (the clause only takes effect one month after a demand goes unanswered), nuisance to neighbours established by a final court decision, and breach of a requirement imposed by the municipality to use the property as a main home. The new standard lease is covered in our guide to the French residential lease.

Without a forfeiture clause, the landlord still has a remedy, but must ask the court to terminate the lease. The judge is then free to decide whether the breach is serious enough, which makes the outcome less certain and the procedure longer.

The six mandatory statements: without them, the demand is void

The payment demand must contain the following, otherwise it is void (article 24, I):

• a statement that the tenant has six weeks to pay the debt;
• the monthly amount of the rent and service charges;
• a breakdown of the debt;
• a warning that, if the tenant neither pays nor asks for time to pay, they face court proceedings to terminate the lease and order their eviction;
• the option of asking the departmental housing solidarity fund, a local public fund that helps tenants in difficulty, for financial help, with its address;
• the option of asking the court at any time for a grace period under article 1343-5 of the Civil Code.

The six-week period

For leases signed since 29 July 2023, the tenant has six weeks from the demand to pay. For leases already running on that date, the period set in the lease, usually two months, still applies, as the Court of Cassation, France's highest civil court, confirmed in an opinion of 13 June 2024 (no. 24-70.002). It has not yet ruled on leases extended or renewed since then, so check the date and wording of the lease before drafting the demand.

Which period should the demand state?

During the period: payment, time to pay, reporting

If the tenant pays the full sum claimed before the period ends, the forfeiture clause does not take effect and the lease continues. A partial payment is not, in principle, enough to stop the clause from taking effect.

The tenant can also ask the court for time to pay at any time. The court can allow up to three years if the tenant is able to clear the debt and has started paying the full current rent again before the hearing. During that time, the effects of the clause are suspended (article 24, V and VII).

On the landlord's side, where the landlord is an individual or a family SCI (a family property company), the judicial officer reports the demand to the CCAPEX, the local committee that works to prevent evictions, once rent has been unpaid for two months in a row or the debt reaches twice the monthly rent excluding service charges (article 24, I). A corporate landlord must refer the case to the CCAPEX at least two months before issuing a court summons (article 24, II).

After the period: the clause takes effect and the court confirms it

Once the period has ended and the debt is still unpaid, the clause takes effect: the lease ends automatically. But the landlord cannot act on this alone. The tenant must be summoned before the consumer protection judge, who confirms the termination, orders the tenant to pay and orders the eviction.

The summons must be sent to the prefect, the State's representative in the department, at least six weeks before the hearing, otherwise the claim is inadmissible (article 24, III). This period is counted backwards from the hearing date and cannot be extended (Cass. 3e civ., opinion, 6 November 2025, no. 25-70.018). At the hearing, the judge can still suspend the effects of the clause by granting time to pay. What follows, from the judgment to police assistance with the eviction, is set out in our guide to evicting a tenant for unpaid rent.

Mistakes that make the demand worthless

• A missing statement. If the demand leaves out one of the six statements, it is void and the landlord must start again.
• The wrong period. Stating six weeks for a lease that was already running on 29 July 2023 and provides for two months invites a challenge.
• A vague breakdown. The breakdown of the debt is a mandatory statement: it must let the tenant check, month by month, what is being claimed.
• Forgetting the guarantor. If the demand is not served on the guarantor within fifteen days, the guarantor can no longer be made to pay penalties or late payment interest.
• Sending a letter instead. A registered letter does not start the period under the forfeiture clause. Only a demand served by a judicial officer does.

Each of these mistakes costs months, because a new demand must be served and a new period must run. The firm checks the lease and the breakdown before any demand is served, as part of its tenant eviction work.

If you are a tenant and have received a payment demand

• Check the date of your lease, the period stated and the breakdown: a mistake can give you grounds to challenge the demand.
• If you can, pay the whole debt before the period ends: it is the only way to stop the clause from taking effect.
• Apply to the housing solidarity fund for your department, whose address appears in the demand.
• Ask the court for time to pay if you cannot pay everything, and start paying the current rent again.
• Contact your landlord: you can still agree a repayment plan until the court has ruled.

Frequently asked questions

Can a payment demand be served from the first missed payment?

Yes. The law sets no minimum level of arrears. The sooner it is served, the smaller the debt.

How much does a payment demand cost?

It is a document served by a judicial officer, who charges a regulated fee (article L. 444-1 of the Commercial Code). If the case later goes to court, the cost can be charged to the tenant as part of the legal costs.

Can the tenant pay after the six weeks?

A late payment does not undo the termination that has already taken effect, but the judge takes it into account. The judge can grant time to pay and suspend the effects of the clause if the tenant has started paying the current rent again and can clear the debt.

Does the forfeiture clause apply to a furnished letting?

Yes. Article 24 of the Act of 6 July 1989 applies to furnished properties let as a main home (article 25-3 of the same Act).

What if the lease has no forfeiture clause?

The landlord must ask the court to terminate the lease. The procedure takes longer, and the judge is free to decide whether the arrears are serious enough.

Legal references

• Article 24 of Act no. 89-462 of 6 July 1989 (forfeiture clause, payment demand, guarantor, CCAPEX, summons, time to pay).
• Act no. 89-462 of 6 July 1989, article 7, g (forfeiture clause for failure to insure) and article 25-3 (furnished lettings).
• Act no. 2023-668 of 27 July 2023 on protecting housing against unlawful occupation.
• Decree no. 2026-596 of 6 July 2026 (standard leases).
• Article 1343-5 of the Civil Code (grace periods).
• Article L. 444-1 of the Commercial Code (judicial officers' fees).
• Cass. 3e civ., opinion, 13 June 2024, no. 24-70.002 (period that applies to leases already running).
• Cass. 3e civ., opinion, 6 November 2025, no. 25-70.018 (calculation of the notice period to the prefect).