22. Legal Remedies in France for Arrears of Rent

1. Injunction
2. Distraint
3. Possession Proceedings

22.3. Possession Proceedings on a French Rental Property

The legal process for possession of a French rental property is complicated, costly and lengthy.

The right to a home is part of the French constitution and in recent years the French Government has adopted a range of measures to minimise the number of evictions that take place.

Where the tenant is involved in bankruptcy proceedings then eviction proceedings can be suspended, a tactic adopted by some tenants to draw out the whole process.

The Government has also urged all préfectures to ensure that every step possible is taken to protect tenants from eviction.

However, what the government says at a national level is often ignored by other tiers of government, so there is widespread variation in the stance taken by local courts and préfectures in possession and eviction proceedings.

Despite the local differences, no eviction of a tenant can take place without a court order.

There is a presumption of good intent on the part of non-paying tenants and judges have wide discretion to delay any eviction even should judgement be found in favour of the landlord.

Accordingly, if you are proposing to let out a property other than on a seasonal basis you are well advised to carefully select your tenant and take out appropriate precautions against the non-payment of rent e.g. insurance

22.3.1. Use of a Commissaire de justice (formerly known as a huissier)

The process of recovering possession begins by engaging the services of a commissaire de justice who will effectively take care of the whole process for you, although, be warned, you will pay for their services.

A demand to pay is delivered by commissaire de justice and the tenant has two months (one month for furnished lettings) to regulate arrears before legal procedures can be commenced.

In event of continued non-payment then the commissaire de justice will inform the tenant of proposed possession proceedings, and make application to the tribunal for a hearing.

A copy of the notice must be sent to the préfecture who will initiate a social report on the tenant that will be used in court.

Independantly of these proceedings, the tenant can make application to the court for relief from the payment of rent for up to two years.

22.3.2. Court Hearing

The court hearing will be held no sooner than two months later, although due to delays in court system it is not unusual to wait a year or more, depending on the locality.

The hearing will be before the Tribunal d’instance where it is not necessary to engage an avocat. You will need to take the advice of the commissaire de justice whether, in the circumstances, an avocat is considered necessary.

The court hearing will require both the presence of the landlord and the tenant.

The decision of the judge is later formally communicated by the commissaire de justice.

The judge will normally grant a possession order, but on a suspended basis, provided the tenant adhers to a repayment plan.

The tenant and landlord each have a month to appeal against the decision.

22.3.3. Appeal

If an appeal does take place, and the judge decides possession should be granted to the landlord then the tenant has two months to vacate, or seek a delay from another judge, called the Juge de l’Exécution.

This judge can grant a delay on eviction of up to one year.

In coming to their decision the judge will take into account both the circumstances of the tenant and the landlord, e.g. age, health, family composition, financial situation and rehousing options for the tenant.

Where the court has been agreed a repayment plan with a tenant, which has not been adhered to, more often than not a possession order will be granted without further delay.

There is a right of appeal for both parties against the decision of the judge.

22.3.4. Préfecture

Within the two-month period normally granted to the tenant to leave the property, the commissaire de justice (formerly known as a huissier) will seek to enforce the possession order. However, they cannot simply force the tenant out themselves.

If the tenant refuses to leave, the commissaire de justice must request the assistance of the préfet to obtain the concours de la force publique — in practical terms, police assistance to enforce the eviction.

The préfet has two months to respond to the request. A refusal must be notified, but if there is no response within two months, this is treated as a refusal.

The situation can become complicated at this point. The State can, in certain circumstances, refuse to provide police assistance, including where there are concerns about public order or the particular circumstances of the occupants. The practice can vary between departments.

A refusal does not mean that the landlord has no remedy.

Under the current rules, a refusal — or the absence of a response for two months — can engage the State's liability for the resulting losses. The landlord can then make a claim for compensation to the préfet responsible for the refusal.

The claim must be supported by evidence of the losses suffered and must establish a direct link between those losses and the State's refusal to provide police assistance.

The préfet must consider the claim and communicate the amount of compensation proposed. If the claim is rejected, or the landlord disputes the amount offered, the matter can ultimately be taken to the tribunal administratif.

The rules governing this compensation procedure were clarified by a reform introduced in 2025. They provide a more clearly defined framework for landlords seeking compensation when an eviction order cannot be enforced because the State has refused to provide the necessary police assistance. You can read a fully report on this at Rent Arrears bu No Eviction.

The important point for landlords is that compensation is not necessarily limited to the amount of rent stated in the lease, and the procedure now expressly identifies a number of categories of loss that may be taken into account.

The precise calculation, however, can be complicated, particularly where the rent agreed in the lease is higher than the property's demonstrable rental value.

If you find yourself in this situation, it is therefore important to keep a complete record of the unpaid rent, charges, legal and enforcement costs and any other financial consequences arising while the eviction cannot be enforced.

La Trêve Hivernale

The trêve hivernale is the annual period during which most residential evictions are suspended.

It normally runs from 1 November to 31 March. There are exceptions, including certain situations involving dangerous premises or occupants who have unlawfully entered the property.

The winter suspension does not erase the landlord's rights or prevent the legal eviction process from continuing. It principally affects when the physical eviction can actually be carried out.

For landlords dealing with substantial rent arrears, the timing of the court proceedings, the eviction order and any request for police assistance can therefore be crucial.

22.3.5. Le Référé

In exceptional circumstances it is possible to go to court for an urgent decision, called le référé.

The hearing takes place in front of a Juge des référés at the Tribunal d’instance.

You need to approach a huissier in the first instance. There is no need for avocat.

The decisions are considered to be of a provisional nature, in circumstances which are clear.

If urgency and clarity do not apply the judge will refer the case to the main court.

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