Eviction procedure in France: stages, deadlines and tenant remedies
An eviction procedure follows precise stages, from the order to pay to the involvement of the police. The six-week window, the forfeiture clause, payment terms, the winter ban and the help to claim at once.
Late rent does not put anyone on the street overnight. The procedure takes months, and every stage opens a way out, provided you react. A lawyer reviews your file in 20 minutes on Avocat20min.fr.
Eviction procedure: the full sequence
It almost always starts with arrears and the forfeiture clause written into the lease. That clause provides for automatic termination if the tenant does not pay, but it only bites at the end of a tightly framed procedure.
| Stage | Who acts | Time |
|---|---|---|
| Order to pay | Enforcement officer | 6 weeks to put things right |
| Report to the prevention commission and the prefecture | The enforcement officer | Automatic |
| Summons before the judge | The landlord | 6 weeks before the hearing |
| Hearing and judgment | Protection litigation judge | Several months |
| Order to vacate | Enforcement officer | 2 months |
| Involvement of the police | Prefecture | 2 months to reply |
The law of 27 July 2023 shortened the first deadline, from two months to six weeks for leases signed since it came into force. The overall timetable, however, still often runs beyond a year.
The order to pay: six weeks to act
This document opens the eviction procedure, and it is not a simple reminder. It starts the countdown and must mention the possibility of applying to the departmental housing solidarity fund.
Three reflexes matter as soon as it arrives:
- Pay what you can, even partially, since settling within the deadline ends the procedure.
- Apply to the housing solidarity fund in your department, which may cover all or part of the debt.
- Tell the family allowance fund, so as to keep the housing benefit rather than see it suspended.
Also contact a departmental housing information agency. Their support is free and speeds up access to the available help.
The hearing: what the judge can do
The protection litigation judge does more than record the debt. Several powers change the outcome of an eviction procedure:
- Granting payment terms of up to three years, which suspends the effects of the forfeiture clause.
- Checking that the property is fit to live in, since a landlord letting a substandard home loses part of their rights.
- Setting the forfeiture clause aside where the order is irregular or the account wrong.
- Granting time to leave, from three months to three years, even after termination.
Attend the hearing, alone or assisted. An absent tenant leaves the field to the landlord, whereas a repayment plan that is honoured keeps the lease alive.
Legal aid also funds your lawyer, subject to means. Apply as soon as the summons arrives, because processing takes time.
The winter ban
From 1 November to 31 March, no eviction may be carried out. That suspension does not freeze the procedure: hearings take place, judgments come down, only enforcement waits for spring.
Three exceptions exist. The ban protects neither occupants of a building under a danger order, nor squatters, nor people evicted from the family home after domestic violence where rehousing is arranged.
Energy suppliers may not cut off electricity during that period either, though they do reduce the available power where bills go unpaid.
After the judgment
The eviction procedure then enters its final phase: the order to vacate allows two months. During that time, apply to the enforcement judge for extra time, up to three years depending on your circumstances.
Also file an application under the enforceable right to housing if you meet the criteria. Being recognised as a priority weighs on the prefect's decision.
Finally, the prefect may refuse police assistance. The State then compensates the landlord, and occupation continues for the time being.
For landlords: the useful precautions
A landlord starting an eviction procedure has every interest in moving quickly, but in the correct form. A badly drafted order, an approximate account or a property that fails the fitness standards costs months.
Rent guarantee insurance, the Visale guarantee and a personal surety are the three classic protections. They generally trigger from the second month of arrears, subject to the declarations the contract requires.
Unpaid rent is not the only ground for an eviction procedure. Repeated disturbances can also lead the judge to end the lease: our guide to neighbour noise sets out the steps to take first.
When to consult a lawyer
A lawyer checks that the order to pay is valid, builds the application for time and puts forward a credible repayment plan. For landlords, they secure each step to avoid a nullity. A property lawyer answers within 20 minutes. A landlord's notice to quit or substandard housing changes the picture. The steps sit on service-public.gouv.fr.
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