Your tenant hasn't paid rent for several months, you've already sent a formal notice, and nothing is moving. At some point, the question is no longer "what are my options" but "what are the concrete steps to go all the way." This is a lengthy procedure, regulated at every stage by strict legal deadlines, and getting the order or form wrong can cost you several months.
The 30-Second Answer
The eviction procedure for unpaid rent follows a set order: a notice to pay served by a bailiff (commissaire de justice), filing with the judge for protection disputes if the debt isn't settled, a judgment terminating the lease, a notice to vacate, and, as a last resort, police assistance. Each step has its own deadline, and the winter truce (from November 1 to March 31) suspends forced execution unless the tenant is rehoused. Before you start, upload your lease on bail.immo to verify that your contract includes a forfeiture clause and that your previous steps are valid.
What the Law Says
The eviction procedure for unpaid rent is governed by Law No. 89-462 of July 6, 1989, and by the provisions of the Code of Civil Enforcement Procedures relating to the winter truce and eviction.
Step 1: The Notice to Pay. A bailiff (formerly a huissier) serves the tenant with a notice to pay. This document must specify the exact amount of the debt, remind that non-payment may lead to lease termination and eviction, and include the contact details of the departmental housing solidarity fund (FSL). The tenant then has a period to regularize the situation before the forfeiture clause takes effect.
Step 2: Conciliation or Filing with the Judge. If the debt is equal to or less than €5,000, a conciliation or mediation attempt is mandatory before any court filing. Above this amount, the landlord can directly file with the judge for protection disputes. The bailiff must also inform the departmental prefect of the summons to allow for a possible social investigation.
Step 3: The Judgment. The judge may grant the tenant payment extensions of up to three years, considering their good faith and situation. If the judge finds that the debt hasn't been settled under the set conditions, or if there's no payment at all, they terminate the lease and order eviction.
Step 4: The Notice to Vacate. Once the judgment becomes enforceable, a notice to vacate is served to the tenant, who generally has two months to leave. The tenant can request additional time (one to twelve months) from the enforcement judge if they are in good faith and facing rehousing difficulties.
Step 5: Police Assistance. If the tenant still hasn't left, the bailiff can request police assistance from the prefecture, which must ensure the decision is enforceable before intervening. The eviction itself can only take place on a working day, between 6 a.m. and 9 p.m., and never during the winter truce (November 1 to March 31) unless the tenant is rehoused or the property is squatted.
Two decrees of February 12, 2026, also modified the handling of unpaid rent for tenants receiving housing assistance (APL, ALF, ALS), with a social and financial assessment triggered at the notice-to-pay stage rather than at the judicial stage—a change that will apply to unpaid rent reported from January 1, 2027.
Why This Can Be Problematic
Many landlords waste precious time by skipping a step, poorly drafting the notice to pay, or forgetting to inform the prefect—which can make the procedure irregular and force a restart. Conversely, a bad-faith tenant can multiply requests for extensions to buy time. The winter truce, often misunderstood, blocks forced execution for five full months, even when the judgment is already obtained: a case started in October can end up suspended until the following spring.
Concrete Example
A landlord whose tenant hasn't paid for three months serves a notice to pay in June. The tenant doesn't respond. The landlord files with the judge for protection disputes (since the debt exceeds €5,000, no prior conciliation is required). The judgment is issued in September, terminating the lease with a two-month deadline to leave. The notice to vacate is served in October. But the winter truce begins on November 1: if the tenant still hasn't left by then, the actual eviction will have to wait until the truce ends on March 31, unless the tenant is rehoused.
What to Check Before Acting
- Does the lease include a forfeiture clause for unpaid rent, or is a judicial termination of the lease needed?
- Was the notice to pay served by a bailiff with all mandatory mentions?
- Does the debt exceed €5,000 (direct filing with the judge) or is a conciliation attempt required first?
- Was the prefect properly informed of the summons?
- Where are you relative to the winter truce (November 1 – March 31)?
What to Do Specifically
Before anything else, have your lease checked to ensure it includes a valid forfeiture clause and that your notice to pay was correctly drafted—a formal error at this stage can delay the entire procedure by several months. Analyze your lease for free on bail.immo to spot this point before hiring a bailiff. If the case is already underway, get support from a bailiff or lawyer for the court filing, especially if the debt amount requires prior conciliation.
Frequently Asked Questions
Can the tenant get extensions even after the judgment? Yes, the enforcement judge can grant additional time (one to twelve months) to a good-faith tenant facing rehousing difficulties, even after the notice to vacate.
Does the winter truce always apply? No. It doesn't apply if the property is squatted or if rehousing matching the tenant's needs has been offered.
What happens to furniture left behind after eviction? It's stored at the tenant's expense for two months; after that, unclaimed items may be considered abandoned and sold or destroyed.
Sources
Legal Information
The information presented on this page is provided for informational purposes and is based on the texts and sources available at the time of its publication or last update. Legislation, regulations, and case law may change at any time. The results and explanations offered by bail.immo do not constitute legal advice and do not replace the opinion of a lawyer or another competent legal professional.