Rent Arrears: The New €450 Threshold for Tenants Receiving Housing Assistance (France)

You receive APL, ALF, or ALS, and you've fallen behind on your rent. Maybe a tough month, an unexpected bill, a late paycheck. You wonder when the administrative machinery kicks in, and above all what you risk. The answer has changed: since Decree No. 2026-84 of February 12, 2026, arrears are officially constituted as soon as the amount owed exceeds €450, or as soon as three months have passed after an initial failure to pay, even for a tiny sum. This isn't a technical detail. It's the starting point of a procedure that can go as far as suspending your housing assistance.

The 30-Second Answer

If you receive personal housing assistance (APL, ALF, or ALS) and you no longer pay your share of the rent or charges, your situation falls into the "housing expense arrears" category in two cases:

As soon as the total amount of your arrears exceeds €450, regardless of the number of months involved.
Or three months after an initial failure to pay, even if the amount owed is less than €450.

This €450 threshold replaces the old, vaguer rule that referred to "twice the monthly amount of rent and charges." Concretely, for a residual rent of €200 per month, the old system only considered you in arrears from €400 of debt. Today, you hit the threshold at €450, i.e., just over two months behind. For a residual rent of €300, the old threshold was €600: you're now officially in arrears earlier, at €450.

What matters is the portion remaining your responsibility after deducting the assistance. If your APL is paid directly to the landlord, only the €150 you owe each month counts toward the calculation. If you receive ALS or ALF directly into your account, the full rent is taken into account, including the assistance, until the paying agency eventually decides to pay the assistance to the landlord.

Want to check if your lease contains clauses that worsen your situation in case of arrears? Analyze your lease to spot sensitive points before they turn against you.

What the Law Says

Decree No. 2026-84 of February 12, 2026, published in the Official Journal on February 13, 2026, completely rewrites Chapter IV of Title II of Book VIII of the French Construction and Housing Code (CCH). It applies to arrears reported as of January 1, 2027, giving paying agencies (CAF, MSA) time to adapt their IT systems.

Article R. 824-2 of the CCH, in its new wording, is clear:

Housing expense arrears are constituted in either of the following cases: 1° When, three months after an initial failure to pay noted by the landlord, regardless of the amount, the household still has not paid its housing expense; 2° When the amount of arrears exceeds €450.

The "housing expense" includes rent (or the fee in a residence), minus the solidarity rent reduction where applicable, as well as rental charges. In other words, unpaid charges alone can trigger the procedure, even if the rent is up to date.

The big novelty of the decree is the central role given to the CCAPEX (coordination commission for eviction prevention actions). Previously, the paying agency (your CAF or MSA) decided alone whether to maintain or suspend the assistance. Now, the CCAPEX makes the decision. The paying agency must inform it within 15 days of the landlord's report, and it is the CCAPEX that decides.

The principle remains maintaining the assistance: Article R. 824-7 of the CCH provides that personal housing assistance is maintained for any beneficiary "manifestly unable to meet their housing expense." Suspension only occurs in specific cases, notably if a court eviction decision has found you in bad faith, or if a document establishes that you have the financial capacity to pay without compromising your living conditions.

Why This Can Be a Problem

The €450 threshold seems simple, but it hides several pitfalls.

First pitfall: the threshold is reached faster than before for small residual rents. If you pay €150 per month after APL, three months of arrears represent €450. So you hit the monetary threshold exactly when the three-month criterion also triggers. But if you pay €250 per month, the €450 threshold is reached in less than two months, whereas the old system allowed you up to €500 of debt. The new text is stricter for residual rents between €225 and €450.

Second pitfall: the landlord has a reporting obligation. Article R. 824-3 of the CCH requires the landlord who receives the assistance on your behalf to report the arrears to the paying agency within two months of their constitution. This isn't optional. If they don't, they risk losing the benefit of the assistance. In other words, you can't count on your landlord's discretion or negligence to buy time.

Third pitfall: the paying agency can act even without constituted arrears. Article R. 824-5 of the CCH provides that the paying agency informs the CCAPEX as soon as it becomes aware of a failure to pay, "even if it does not constitute an arrears situation." A simple delay of a few days can therefore trigger an information to the CCAPEX, even if you quickly regularize.

Fourth pitfall: suspension can hit you without you seeing it coming. The central CCAPEX automatically suspends the assistance in three cases: a court eviction decision finding your bad faith, inadmissibility of your over-indebtedness file due to bad faith, or end of support by the over-indebtedness commission for the same reason. If you're in good faith but don't respond to the paying agency's letters, you risk letting the situation fester.

Let's take a concrete example. You receive ALS of €180 per month, paid directly into your account, for a rent of €520. In January, you lose your job and only pay €200 instead of €520. Your arrears are €320. In February, you still pay nothing: the cumulative arrears reach €840. As soon as the €450 threshold is crossed, the arrears are constituted. The landlord, if they receive the assistance on your behalf, must report the situation within two months. The paying agency informs the CCAPEX within 15 days. If you don't react, the CCAPEX can be asked to suspend based on your financial capacity to pay. And if you have income that would allow you to pay without compromising your subsistence, suspension can be decided.

Exceptions to Know

Not everyone is in the same boat.

APL beneficiaries in conventional housing: the assistance is paid directly to the landlord. The arrears calculation only covers the residual portion, after deducting APL and the solidarity rent reduction. This is rather good news: the €450 threshold takes longer to reach.

ALS or ALF beneficiaries: the assistance is in principle paid to the tenant, unless the landlord has requested direct payment. As long as you receive the assistance directly, the full rent is taken into account in the arrears calculation. But Article R. 824-9 of the CCH provides that, as soon as arrears are constituted, the paying agency asks the landlord if they wish to receive the assistance directly. Direct payment can therefore switch without you having a say.

Residences (logements-foyers): the manager is treated as the landlord, and the fee replaces the rent in the calculation. The €450 threshold applies the same way.

Arrears situations prior to January 1, 2027: the decree provides that the new provisions apply to arrears situations reported or already ongoing at that date. In other words, if your arrears started in 2026 but are still ongoing on January 1, 2027, the new procedure applies. The legal corrections in Article 4 of the decree, however, come into force as of February 14, 2026.

Overseas departments: Articles 2 and 3 of the decree provide adaptations for Saint-Barthélemy, Saint-Martin, and Saint-Pierre-et-Miquelon. The substantive rules remain the same, but practical arrangements may vary.

Checklist: What to Do If You're in Arrears or Close to It

Calculate your arrears precisely: add up unpaid rents and charges, minus the assistance if it's paid to the landlord. Compare to the €450 threshold.
Don't let three months pass: even €50 of arrears can constitute official arrears if it lasts three months.
Contact your paying agency (CAF or MSA) without delay: explain your situation, ask for social support. Article R. 824-12 of the CCH provides that the paying agency offers social support and debt treatment arrangements, subject to resuming payment, even partially.
Resume payment, even partially: this is the condition for benefiting from social support and avoiding suspension of the assistance.
Respond to all letters: the paying agency renews its proposals if you don't respond within one month. But if you ignore the letters, the CCAPEX can be asked to suspend.
If you're in good faith, gather evidence: job loss, illness, separation, any document showing you're manifestly unable to pay.
If you're a landlord, report the arrears within two months: it's a legal obligation, not an option. Failure to comply can make you lose the benefit of the assistance.

Possible Actions If the Situation Gets Complicated

If you're a tenant and the CCAPEX is considering suspension: you can contest the decision. Suspension can only be based on two grounds: a court eviction decision finding disturbances of enjoyment, or a document establishing your financial capacity to pay. If you believe the decision is unjustified, you can take the matter to the administrative judge. But don't go in defeated: the principle remains maintaining the assistance for any beneficiary in good faith.

If you're a landlord and the tenant no longer pays: reporting to the paying agency is only the first step. You can also start an eviction procedure, but know that the CCAPEX can maintain the assistance even if the lease has been judicially terminated, as long as the tenant occupies the premises and pays the occupation indemnity set by the judge. For a full overview of the landlord's remedies against arrears, see our guide Landlord: What to Do When the Tenant Stops Paying Rent?.

If you're in an over-indebtedness situation: the paying agency can support you in filing with the over-indebtedness commission. This is a protection: as long as your file is admissible and you're in good faith, the automatic suspension of the assistance doesn't apply.

Before it gets to that, take the time to review your lease. A poorly drafted resolutory clause, an abusive solidarity clause, questionable charge allocation: all of this can worsen your situation in case of arrears. Analyze your lease now to know exactly where you stand.

FAQ

Does the €450 threshold apply to all types of housing assistance? Yes. The decree targets the three personal housing assistance schemes: APL, ALF, and ALS. The threshold is identical, but the calculation of the housing expense differs depending on whether the assistance is paid to the landlord or the tenant.

What happens if my arrears are less than €450 but last more than three months? Arrears are constituted under 1° of Article R. 824-2 of the CCH, even if the amount is small. The landlord must report it, and the paying agency must inform the CCAPEX.

Can my landlord refuse to report the arrears to give me time to regularize? No. Article R. 824-3 of the CCH requires them to report the arrears within two months. If they don't, they risk losing the benefit of the assistance. So the margin for maneuver is very limited.

Can the CCAPEX suspend my assistance without me knowing? Automatic suspension only occurs in three specific cases, all linked to a court or over-indebtedness commission decision finding your bad faith. Outside these cases, the CCAPEX can only suspend the assistance upon a reasoned request, and you have the opportunity to present your arguments.

Does the decree apply to arrears ongoing as of January 1, 2027? Yes. Article 5 of the decree provides that the new provisions apply to arrears situations reported or already ongoing at that date.

What should I do if I receive a letter from the paying agency offering social support? Respond. It's the best way to protect your assistance. Social support can lead to a debt repayment plan, a referral to the housing solidarity fund, or guidance to the over-indebtedness commission.

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 evolve 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.