Unpaid rent: solutions

What should a landlord do about unpaid rent?

Landlords are sometimes faced with what they dread most: a tenant who stops paying rent. This is a major problem, and one that can leave landlords feeling helpless and powerless. What can you do if this happens? What legal remedies are available?

How to recover rent arrears?

The first thing a landlord is interested in is recovering what is owed, i.e. all the payments that have not been made each month. This is called rent arrears.

This shortfall can put the landlord in a delicate financial position, which is why it’s urgent to take action, so that the situation doesn’t drag on.

There are two steps to take:

• the landlord must issue a summons to pay
• and, one month later, refer the matter to the interim relief judge to obtain termination of the lease and an order to pay the debt.

Step 1: Order to pay unpaid rent

Two months after having a bailiff issue a summons to pay unpaid rent, the landlord must apply to the district court to have the lease terminated and the tenant evicted.

The tenant then has two months in which to settle the rental debt and the cost of the payment order. If the tenant has not settled his debt within this period, the landlord is then in a position to move on to the second stage: bringing the matter before the magistrate (juge des référés) of the court.

To do this, he or she must instruct a lawyer to draw up a writ of summons before the tribunal. Please note: this summons must be sent to the prefect at least two months before the hearing date, failing which it will be inadmissible.

Let’s take a closer look at this second step…

How do you terminate a lease for unpaid rent?

In addition to simply paying the rent owed, the landlord is interested in terminating the lease and evicting the offending tenant. A complex procedure, the main stages of which can be summarized as follows…

Step 2: The court of first instance to terminate the lease and request eviction

First of all, the landlord applies to the court for termination of the lease and eviction of the tenant.

The tenant can ask for up to 24 months to pay off his debt (article 1244-1 of the French Civil Code).

This repayment of rent arrears is in addition to the payment of rent, which must be resumed.

If the tenant defaults on a single payment, the landlord can begin eviction proceedings without having to go before a judge again.

The judgment (order) must be delivered to the tenant by a bailiff, together with a summons to vacate the premises. The tenant then has two months to vacate the premises.

Please note

evictions are prohibited between November 1 and March 15 (article L613-3 of the French Construction and Housing Code). This is known as the “winter truce”. It is thought that it would be too difficult to find oneself without housing in the middle of winter, in the cold. It is therefore advisable to launch this procedure while ensuring that its progress respects this timetable, so as not to be interrupted by the winter truce.

Conclusion

As you can see, if you’re a homeowner faced with this problem, there is legal recourse available to you. All you have to do is contact us by filling in this form.