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Key takeaways
- Self-help eviction (changing locks, removing belongings) is illegal in France regardless of the tenant's conduct and can result in criminal prosecution.
- The most common ground for eviction is unpaid rent. The procedure begins with a commandement de payer delivered by a huissier de justice.
- After the commandement de payer, the tenant has 2 months to pay or the landlord must issue court proceedings.
- The trêve hivernale (winter truce) runs from 1 November to 31 March. No evictions can be enforced during this period.
- A court order (décision de justice) is required before any eviction can be carried out. Police assistance (concours de la force publique) may be needed for enforcement.
- The full process from first non-payment to physical eviction typically takes 12 to 24 months.
Why French eviction law is tenant-protective
France has some of the strongest tenant protections in Europe. The law assumes a power imbalance between landlords and tenants and imposes procedural safeguards at every stage. A landlord who bypasses any step — even with a legitimate grievance — risks having the entire procedure declared void and having to restart from the beginning.
Legal advice from a solicitor specialising in baux d'habitation is strongly recommended before starting any eviction process.
Self-help eviction is a criminal offence in France.
Changing the locks, removing the tenant's belongings, cutting off utilities, or making the property uninhabitable — even if the tenant owes rent — can result in a prison sentence of up to 3 years and a fine of up to 30,000 EUR under Article 226-4-2 of the Code pénal.
Valid grounds for eviction
A French landlord cannot evict a tenant mid-lease without a court order. The one exception applies when the lease contains a clause résolutoire — an automatic termination clause triggered by non-payment of rent or failure to maintain insurance. Even then, the landlord must follow the court procedure set out below.
The main valid grounds are:
Unpaid rent (loyers impayés)
The most common ground. The procedure begins with a commandement de payer as the mandatory first step. No landlord can skip directly to court without this notice.
Failure to maintain home insurance (assurance habitation)
Many leases include failure to hold valid home insurance as a clause résolutoire ground. The landlord must prove the breach and follow the same formal procedure.
Serious breaches of the lease
Disturbance of neighbours, subletting without consent, or use of the property for illegal activities are all potential grounds. The landlord must provide evidence and initiate court proceedings.
End of lease (congé)
At the end of a bail nu or bail meublé, a landlord who gave valid notice of reprise (personal occupation), vente (sale), or motif légitime et sérieux (legitimate reason) may apply to court if the tenant refuses to leave after the lease expires.
Occupation without title
After a valid court judgment has been obtained and the tenant remains, the landlord proceeds to enforcement. See Step 4: Enforcement below.
Step 1: Commandement de payer
For unpaid rent, the process begins with a commandement de payer — a formal demand for payment served by a huissier de justice. This step is mandatory. No landlord can proceed directly to court without it.
The commandement must state:
- The exact amount owed, broken down by month.
- A 2-month period in which the tenant can pay and halt the procedure.
- The text of the clause résolutoire in the lease.
The cost of the huissier for this service is approximately 80 to 150 EUR.
The commandement de payer must be served on the tenant and a copy sent to any guarantor (caution). A guarantor who was not notified cannot be held liable for the arrears.
Step 2: The 2-month cure period
After receiving the commandement, the tenant has 2 months to pay the full amount owed. This includes any subsequent rent that falls due during the 2-month period. If the tenant pays in full, the procedure ends and the lease continues.
During this period, the tenant may:
- Contact the CAF (Caisse d'Allocations Familiales) to request that housing benefit is paid directly to the landlord.
- Apply to the juge des contentieux de la protection for a payment plan (délai de grâce) of up to 3 years.
- Seek assistance from Action Logement or a social worker.
A tenant who contacts the CAF and begins a payment plan during the 2-month period may be able to halt the eviction procedure. Courts look favourably on tenants making genuine efforts to repay arrears. Landlords who communicate openly at this stage often resolve cases without going to court.
Step 3: Court proceedings
If the tenant has not paid in full after 2 months, the landlord must issue a summons (assignation) before the juge des contentieux de la protection at the tribunal judiciaire covering the district where the property is located. The huissier serves the assignation on the tenant.
At the hearing, the judge will:
- Confirm whether the clause résolutoire applies and has been properly invoked.
- Decide whether to grant the tenant a payment delay (délai de grâce) of up to 3 years.
- If appropriate, order the tenant to vacate the property.
Hearings are typically scheduled 2 to 6 months after the assignation is filed, depending on the local tribunal's workload.
Process timeline
The table below sets out each stage of the procedure with approximate timings from the date of first missed payment.
| Stage | Action | Who | Approx. cumulative timeframe |
|---|---|---|---|
| 1 | First missed payment | Tenant | Day 0 |
| 2 | Commandement de payer served by huissier | Landlord via huissier | Weeks 2 to 8 |
| 3 | 2-month cure period runs | Tenant (to pay or negotiate) | Months 2 to 4 |
| 4 | Assignation (summons) filed with tribunal judiciaire | Landlord via huissier | Month 4 to 5 |
| 5 | Court hearing before juge des contentieux | Both parties | Months 6 to 10 |
| 6 | Judgment issued | Court | Months 7 to 11 |
| 7 | Appeal period (1 month) | Tenant | Months 8 to 12 |
| 8 | Commandement de quitter les lieux served; enforcement request filed | Landlord via huissier | Months 12 to 14 |
| 9 | Physical eviction carried out (outside trêve hivernale) | Huissier with police | Months 14 to 24+ |
The trêve hivernale (winter truce)
From 1 November to 31 March each year, no evictions can be enforced in France. This applies to the physical act of expulsion — court proceedings and judgments can still be obtained during the winter period, but the bailiff cannot carry out the physical removal of the tenant.
The trêve hivernale applies regardless of the reason for eviction and regardless of how long proceedings have been running. It is not possible to waive this protection by agreement.
Plan your timeline carefully.
The trêve hivernale does not stop court proceedings or the commandement de payer procedure. It only prevents enforcement of the physical eviction between 1 November and 31 March. A procedure starting in August may not result in enforcement until after the following trêve hivernale — potentially adding 5 months to the total timeline.
Step 4: Enforcement
Once the judgment is final — after the 1-month appeal period has passed — and the trêve hivernale is not in effect, the landlord can proceed to enforcement.
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Commandement de quitter les lieux
The huissier serves the tenant with a commandement de quitter les lieux (formal order to vacate). The tenant has 2 months from this notice to leave the property voluntarily.
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Requesting the concours de la force publique
If the tenant does not leave within 2 months, the landlord requests police assistance from the préfecture — known as the concours de la force publique. This request is submitted via the huissier. The prefecture can grant, delay, or in rare cases refuse the concours.
If the prefectural authority delays or refuses without adequate grounds, the landlord may be entitled to financial compensation from the state (indemnité d'astreinte) for the period of unlawful occupation beyond the court's order.
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Physical eviction
Once the concours de la force publique is granted and the trêve hivernale is not in effect, the huissier arranges and carries out the physical eviction, with police present if the tenant resists. The landlord is responsible for the costs of storage of any belongings left in the property.
Preventing arrears: practical steps
The best outcome is to avoid the eviction procedure entirely. Several practical measures reduce the risk of serious rent arrears.
Practical steps to protect against arrears
- Visale guarantee: A free government-backed guarantee (caution locative) for eligible tenants, covering up to 36 months of unpaid rent and charges. Check eligibility at visale.fr before signing the lease.
- Thorough dossier review: Verify the tenant's income, employment contract, and previous rental references at the start. French law limits what documentation landlords can request — see the official list at service-public.fr.
- Huissier for the état des lieux: Using a huissier for the inventory at entry and exit protects both parties and avoids disputes later.
- Clause résolutoire in the lease: Ensure the lease includes a clause résolutoire for non-payment of rent and failure to maintain home insurance. Without it, the eviction procedure is more complex.
- Early communication: Send a friendly written reminder as soon as the first payment is missed. Many arrears cases are resolved quickly at this stage, before formal proceedings are necessary.
Frequently asked questions
Sources
- Legifrance: Article 226-4-2 du Code pénal (violation de domicile aggravée)
- Legifrance: Loi du 6 juillet 1989 tendant à améliorer les rapports locatifs — clause résolutoire
- Service-public.fr: Impayés de loyer — procédure et recours
- ANIL (Agence Nationale pour l'Information sur le Logement): Procédure d'expulsion locative
- Legifrance: Trêve hivernale — Article L412-6 du Code des procédures civiles d'exécution