Conciliation Hearing: Who Pays? Tenants in France
If you are a tenant in France and must attend a conciliation hearing, it is natural to wonder who pays the costs and how the procedure unfolds. The departmental conciliation commission (CDC)[1] can help find an amicable agreement without court fees, while bringing the case before the judicial court follows the rules of the 1989 law and may incur other costs[2]. This article explains, in clear language, the role of the CDC, the steps before and during the hearing, what to bring, and possible remedies before the judicial court[3] to help you prepare your file and defend your rights.
Who pays for the conciliation hearing?
For a conciliation before the CDC, there are generally no hearing fees charged to the tenant or landlord: the process primarily seeks an amicable settlement. If the dispute goes before the judicial court, costs may arise (bailiff fees, attorney fees, possible legal costs) depending on the procedure and measures requested. Usually each party bears their own costs unless the judge decides otherwise.
Before the hearing
Preparing your file increases your chances of a satisfactory outcome. Gather evidence and documents, note key dates and notify the CDC or the court registry if necessary. Make sure to check filing deadlines and send certified copies if required.
- Evidence (evidence): photos, correspondence, inventory of fixtures and rental contract.
- Payment records (rent): receipts, transfers, bank statements.
- Deadlines (deadline): notification dates, contestation periods and conciliation appointments.
How the hearing proceeds
The conciliation hearing is usually informal: a conciliator listens to both parties, proposes solutions and can draft a minutes of agreement. If an agreement is reached, it becomes the basis for an amicable resolution. If not, the CDC can refer the matter to the judicial court for formal action.
After the hearing
If an agreement is signed, comply with the commitments and keep the minutes. If the dispute continues or you need to enforce it, you can bring the case to the judicial court which will decide according to applicable laws and the evidence presented.
FAQ
- Is the CDC free for the tenant?
- No, filing with the departmental conciliation commission is generally free for individuals, its purpose being amicable resolution.
- Should I attend the conciliation hearing?
- It is strongly recommended to attend the hearing or be represented to present your situation and evidence.
- What happens if no agreement is reached?
- If conciliation fails, you can bring the matter before the judicial court to obtain an enforceable decision.
How-To
- Contact the CDC via the service indicated at your town hall or prefecture and request a summons.
- Prepare a clear file: contract, inventories, photos and payment evidence.
- Attend the hearing, present the facts calmly and follow the conciliator's proposals.
- If necessary, bring the case to the judicial court to enforce your rights and seek remedies.
Key takeaways
- The CDC promotes an amicable solution and is generally free.
- Respect filing deadlines to avoid losing rights.
- Each party usually covers their own costs unless a judge rules otherwise.
