You open your bank statement on the 5th of the month and, once again, the rent transfer hasn't arrived. The first time, you let it slide. The second time, you sent a text message that went unanswered. Now you're wondering when you really need to act, and how. Unpaid rent is a stressful situation for a landlord, but it follows specific rules. Acting too quickly or in the wrong way can weaken your case. Here is the step-by-step approach.
The 30-Second Answer
From the very first missed payment, don't stay inactive. Send a formal notice by registered letter with return receipt. If the tenant still doesn't pay, have a payment order served by a bailiff (commissaire de justice). This order activates the forfeiture clause in your lease: if the debt isn't settled within two months, you can take the matter to court to have the lease termination recognized and request eviction. In parallel, if you have an unpaid rent guarantee, file a claim quickly, often within 30 to 60 days after the missed payment.
Before going further, a useful reflex: reread your lease and check the clauses that govern unpaid rent. A quick review can help you avoid procedural errors. Upload your lease here to check the sensitive points.
What the Law Says
The law of July 6, 1989 governs residential leases and provides specific mechanisms in case of unpaid rent. Since July 29, 2023, any lease for a primary residence must include a clause providing for lease termination in case of unpaid rent or charges, or failure to pay the security deposit. This is called the forfeiture clause.
In practice, this clause does not mean the lease is automatically terminated at the first missing euro. It opens a procedure: the landlord must first have a payment order served by a bailiff. This document reminds the tenant of the amount owed and informs them that they have two months to settle the debt. If the debt is not cleared within this period, the landlord can take the matter to the judge for protection disputes (juge des contentieux de la protection) to have the lease termination recognized and request eviction.
The judge retains discretion. They can grant the tenant payment extensions, suspend the effects of the forfeiture clause, or verify that the procedure was properly followed. This is why each step must be done in the proper form.
Why This Can Be a Problem
Many landlords think a simple letter or text message is enough to "activate" the forfeiture clause. That's not the case. Only a payment order served by a bailiff has this effect. A registered letter sent by you can serve as a formal notice, but it does not replace the payment order.
Another pitfall: waiting too long. The rent debt is subject to a three-year statute of limitations. This means you can claim an unpaid rent for three years from the date it became due. After this period, the tenant can raise the statute of limitations, and you can no longer recover the amount. For example, an unpaid rent from March 2026 can be claimed until March 2029.
Finally, some landlords try direct pressure: changing locks, cutting off electricity, making threats. This is prohibited and can backfire, including criminally. Eviction can only result from a court decision, followed by police assistance if necessary.
Concrete Example
You rent an unfurnished apartment in Lyon with a rent of €800 excluding charges. The tenant doesn't pay the September rent. You wait until October: still nothing. Here's the prudent sequence:
- Early October: You send a formal notice by registered letter with return receipt, reminding the tenant of the amount owed and requesting payment within 15 days.
- Mid-October: With no response, you have a payment order served by a bailiff. The document references the forfeiture clause in the lease and mentions the two-month deadline.
- During these two months: If you have an unpaid rent guarantee, you file a claim with the insurer. You keep a record of all communications.
- If the debt is not settled by the end of the deadline: You take the matter to the judge for protection disputes to have the lease termination recognized and request eviction, as well as an order for the tenant to pay the rent owed.
At each step, formality matters. A poorly drafted payment order or a forfeiture clause missing from the lease can cause the procedure to fail. Check your lease before incurring costs.
Exceptions to Know
The rules vary depending on the type of lease and the date of signing.
- Lease signed before July 29, 2023: The forfeiture clause is not mandatory. If your lease does not include it, you cannot use the automatic termination procedure. You will need to take the matter to court to request judicial termination of the lease, which is longer and more uncertain.
- Furnished accommodation: The forfeiture clause mechanism also applies, but the deadlines and specifics of furnished leases may vary. Check the clauses in your contract.
- Mobility lease (bail mobilité): This short-term lease follows special rules. The forfeiture clause is not provided in the same way. In case of unpaid rent, termination follows the general rules of the contract.
- Social housing: If you are a social landlord, specific procedures apply, including repayment plans and eviction prevention committees.
- Protected tenant: Certain situations (elderly or disabled tenant, winter period) can limit or suspend eviction, even after a court decision. The winter truce, from November 1 to March 31, interrupts evictions.
Checklist: Actions to Take in Case of Unpaid Rent
- Precisely record the unpaid rent and charges, with the due dates.
- Reread the lease: Is the forfeiture clause present? What are the payment conditions?
- Send a formal notice by registered letter with return receipt.
- If the unpaid rent persists, have a payment order served by a bailiff.
- File a claim with the unpaid rent guarantee within the deadline specified in the contract.
- Keep all supporting documents: letters, return receipts, payment order, communications.
- Never cut off water, electricity, or change locks without a court decision.
- If the tenant proposes a payment schedule, formalize it in writing and verify it is followed.
- At the end of the two-month period after the payment order, take the matter to the judge for protection disputes if the debt is not settled.
Possible Actions
1. The Formal Notice
This is the first step. It has no automatic legal effect, but it shows your good faith and can unblock the situation. Send it by registered letter with return receipt, detailing the amounts owed and setting a payment deadline.
2. The Payment Order
Have it served by a bailiff. This is what activates the forfeiture clause. The cost is borne by you, but it can be partially recovered if the judge orders the tenant to pay the costs.
3. The Unpaid Rent Guarantee
If you have taken out insurance, file a claim quickly. Contracts often require a claim to be filed within 30 to 60 days after the missed payment. The insurer may cover unpaid rent and legal costs, depending on the contract terms.
4. Taking the Matter to Court
After the two-month period following the payment order, you can take the matter to the judge for protection disputes. You will request recognition of the lease termination, eviction of the tenant, and an order for the tenant to pay the amounts owed.
5. Enforcement of the Decision
If the judge orders eviction, the tenant has a period to leave the premises. If they don't leave, you will need to use a bailiff for forced execution, respecting the winter truce and legal protections.
Before incurring costs, make sure your lease is solid. A missing or poorly drafted clause can bring down the entire procedure. Analyze your lease to check the essential clauses.
FAQ
My tenant paid part of the rent. Can I still start the procedure?
Yes, if the debt remains partial. The payment order can cover the remaining balance. But if the tenant pays the full debt within the two-month period, the forfeiture clause is neutralized and the lease continues.
Can I charge my tenant for collection fees?
No. Collection or receipt mailing fees cannot be charged to the tenant. Only legal costs incurred before the judge or bailiff can be recovered, depending on the judge's decision.
The tenant left without paying. What can I do?
You can claim unpaid rent for three years from the date it became due. If a security deposit was paid, you can use it to offset the debt, justifying the amounts withheld. Beyond that, you will need to take legal action for recovery.
Does the winter truce prevent me from acting?
No. The winter truce suspends evictions, but not procedures. You can have a payment order served and take the matter to court during this period. Only the forced execution of the eviction is suspended.
My lease does not include a forfeiture clause. What should I do?
If the lease was signed before July 29, 2023, and does not include this clause, you cannot use the automatic termination procedure. You will need to take the matter to court to request judicial termination of the lease, proving the seriousness of the breach.
Sources
- Service-Public – Charges to be paid by the tenant
- Service-Public – Entry inventory for a residential lease
- Légifrance – Law No. 89-462 of July 6, 1989
- Service-Public – Security deposit in a residential lease
- Service-Public – Notice period and formalities for tenant's notice to quit
- Service-Public – Drafting a residential lease
- Service-Public – Housing
- ANIL – Unfurnished lease: amount and duration of the contract
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 evolve at any time. The results and explanations proposed by bail.immo do not constitute legal advice and do not replace the opinion of a lawyer or another competent legal professional.