Unpaid rent in France: from first reminder to court
Updated 8 October 2026 · By the Loyski team
Rent that doesn't arrive is first a cash-flow problem, then sometimes a real dispute. Reacting well means acting quickly without skipping steps: a friendly contact, a written reminder, a formal notice, guarantees, then a bailiff's demand and the court. The full sequence under French law.
Step 1: check and get in touch (day 1 to 5)
First check your bank statement: a transfer can arrive a day or two late. Then call or simply write to the tenant. Most delays are an oversight, a change of bank or a temporary difficulty. A friendly conversation often settles everything, and lets you offer a payment plan if needed.
Step 2: the written reminder (day 7 to 10)
With no reply and no payment, send a friendly reminder in writing (email or letter), in French, stating the amount owed, the period and the due date. Keep a copy: it shows you reacted.
Step 3: the formal notice (day 15 to 30)
If the reminder has no effect, send a formal notice (mise en demeure) by registered letter with acknowledgement of receipt. It sets out the sums owed, gives a deadline (8 days, for example) and announces what comes next: calling on the guarantor or the insurance, then a formal demand for payment.
Step 4: call on the guarantees
- Guarantor (caution): tell them about the arrears and ask them to pay. If you have a formal demand for payment served, it must also be served on the guarantor within 15 days, otherwise they can't be held liable for late-payment penalties and interest (article 24 of the law of 6 July 1989).
- Unpaid rent insurance or Visale: report the claim within the time set by the policy. After that, compensation can be refused.
- Housing benefit paid to you: report the arrears to the CAF or MSA.
Step 5: the formal demand for payment
If the lease contains a termination clause (clause résolutoire, as most leases do), a bailiff (commissaire de justice) serves the tenant with a formal demand for payment (commandement de payer). If the debt isn't paid within the deadline, the court can terminate the lease:
- six weeks for leases signed since 29 July 2023 (law of 27 July 2023);
- the deadline written in the clause, usually two months, for leases signed before.
The bailiff passes the demand on to the eviction prevention committee (CCAPEX) when the debt reaches certain thresholds, which can trigger support for the tenant.
Step 6: the court
Without payment, you can bring the tenant before the juge des contentieux de la protection at the judicial court. The judge can confirm the termination of the lease and order the tenant to pay, but can also grant them time to pay, up to three years, if they can settle the debt. If eviction is ordered, it follows a strict procedure: an order to leave, then the bailiff's intervention, never during the winter truce (1 November to 31 March).
What you must never do
- change the locks, cut off the water, gas or electricity, or enter the home without permission;
- keep the tenant's belongings as "security";
- give a receipt for rent that hasn't been paid.
If in doubt, the ADIL of the département where the property is located advises landlords and tenants for free.
Prevention beats cure
Arrears spotted early are much easier to sort out. Loyski asks you every month whether the rent has arrived, warns you as soon as a delay drags on, and prepares the friendly reminder and then the formal notice, in French, with the exact amounts.
Rent tracked, receipts sent, IRL rent increases and charges at the right time. Free for one property.
Frequently asked questions
When does rent count as unpaid in France?
From the day after the due date set in the lease. But a few days' delay is often an oversight or a late transfer: always start with a simple contact before any formal step.
Can I cut off the water or change the locks on a tenant who doesn't pay?
No, never. Evicting a tenant yourself, or forcing them out by cutting the water or electricity or changing the locks, is a criminal offence punishable by 3 years in prison and a €30,000 fine (article 226-4-2 of the French Criminal Code).
How long do I have to claim unpaid rent?
Three years from each due date (article 7-1 of the law of 6 July 1989).
What if the tenant receives housing benefit (APL)?
If the housing benefit is paid directly to you (tiers payant), you must report the arrears to the CAF or MSA within the set time, in principle within two months of the debt arising. Otherwise you can lose the benefit, or even have to pay it back.
Can a tenant be evicted during the winter truce?
No: from 1 November to 31 March, evictions are suspended, with some exceptions (rehousing guaranteed, squatters). Court proceedings can still continue during that period.
This guide gives general information about French law, accurate on its publication date. It doesn't replace personal legal or tax advice: if in doubt, the ADIL of the département where the property is located advises landlords and tenants for free.