A tenant eviction lawyer in Paris, Maître Léa Scemama assists landlords (private individuals, property companies, investors) facing unpaid rent or an occupant without right or title. Eviction is never immediate: it requires a court decision, then the involvement of a court enforcement officer. Between the first missed payment and actually recovering the property, it takes 18 to 36 months on average.
The lawyer's role is not to speed up a procedure that the law does not allow to be rushed, but to avoid the procedural defects that force it to start over, to observe every deadline, and to defend your interests at the hearing. A well-built case from the outset means months saved in the end.
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What the firm does for you
The firm acts at every stage: reviewing the lease and the forfeiture clause, formal notice and the amicable phase, issuing the payment demand through a court enforcement officer, reporting to the CCAPEX, drafting and filing the claim before the protection litigation judge, representing you at the hearing, then following enforcement of the judgment through to the deployment of police assistance. You keep a single point of contact and a cost estimate provided from the outset.
The main stages of the eviction procedure
| Stage | What happens | Timeline or condition |
|---|---|---|
| 1 | The amicable phase and formal notice | |
| 2 | The payment demand invoking the forfeiture clause | A six-week cure period for leases signed or renewed since 29 July 2023, two months for earlier leases |
| 3 | The report to the CCAPEX | At least two months before proceedings, failing which the claim is inadmissible |
| 4 | The claim before the protection litigation judge (juge des contentieux de la protection) | |
| 5 | The judgment ordering lease termination and eviction | |
| 6 | The notice to vacate | A two-month period |
| 7 | The eviction, with police assistance if necessary |
For the detailed step-by-step guide, with the applicable law, see our full article: Evicting a tenant for unpaid rent: the complete procedure.
Mistakes that can block everything
Changing the locks, cutting off water or heating, putting the tenant's belongings outside: even faced with a bad payer, these acts constitute forcible interference (voie de fait), punishable by three years' imprisonment and a €30,000 fine. Other common pitfalls include an incomplete payment demand (and therefore void), forgetting the CCAPEX report, or failing to inform the guarantor within fifteen days of service. Each of these mistakes can cost months, which is precisely what the lawyer secures against.
Winter truce, timelines and costs
No eviction may be enforced between 1 November and 31 March: this is the winter truce, subject to a few exceptions (squatters, unsanitary housing, rehousing offered). Hence the importance of timing: a judgment obtained in the autumn will only be enforced the following spring. As for budget, you should generally expect between €2,500 and €8,000 (enforcement officer and legal fees), with the court able to order the tenant to pay costs. A fee agreement is set at the start of the engagement.
Recovering the unpaid rent
Eviction resolves the occupation, not the debt. The judgment ordering payment is an enforceable title for ten years: it allows enforcement measures (wage garnishment, bank account or vehicle seizure). If the tenant is insolvent, the guarantor or an unpaid-rent insurance (GLI) takes over. The firm also assists you on this aspect, alongside its debt recovery expertise.
Frequently asked questions
Can I evict a non-paying tenant myself?
No, never. Only a court enforcement officer holding an enforceable title may carry out an eviction. Any unilateral action (changing the locks, cutting off utilities) is a criminal offence.
How long does an eviction take?
18 to 36 months on average, including 6 to 8 months to obtain the judgment, then several more months for actual enforcement.
Do I need a lawyer?
Not mandatory before the protection litigation judge, but strongly recommended: a lawyer avoids the procedural defects that force you to start over and represents you at the hearing.
Can a tenant be evicted during the winter truce?
In principle no, between 1 November and 31 March. Exceptions exist: squatters, unsanitary housing, or rehousing offered to the tenant.
What should I do at the first unpaid rent?
Act fast: reminder, formal notice, then a payment demand. The longer you wait, the larger the debt and the less certain recovery becomes.
Related expertise
The firm also assists landlords with residential leases, all property litigation and debt recovery.
In the same area of law
- Commercial leases: eviction of a commercial tenant, a separate procedure.
- Civil leases: occupation without title outside any protective status.
- Co-ownership: nuisance caused by an occupier in the building.
Written by Maître Léa Scemama, avocate at the Paris Bar, Miraï Avocats. This page states the law applicable at its update date. It is general in nature and does not constitute advice tailored to a particular situation.