Court summons: tenant requirements in France
As a tenant in France, receiving a court summons can be stressful. This article clearly explains the conditions that may lead to a summons, which documents to gather (leases, rent receipts, letters, photos, inventory reports) and how to prepare your defence. We detail the deadlines to respect, conciliation options and the procedure before the tribunal judiciaire, taking into account protections such as the winter eviction ban. The goal is to give practical, accessible steps, tips for organizing your evidence and links to official texts so you understand your rights and obligations without complicated legal jargon.
Who can summon and why
A landlord may summon a tenant before the tribunal judiciaire for reasons set by law, for example non-payment of rent, breach of lease obligations or neighbour disturbances. French law on residential leases (Law No. 89-462) sets the main rules that apply to rental disputes[1]. Before summoning, the lessor must generally prove they attempted to resolve the issue and send formal notices.
Which documents to prepare
Gather all evidence that shows your actual situation:
- Lease agreement (signed document)
- Rent receipts and proofs of payment
- Entry and exit inventory reports
- Photos and videos of damage
- Letters, e-mails and formal notices
- Bank statements and charge proofs
Deadlines and stages
After service of the summons you will receive a hearing date. Respect the deadlines indicated to submit your documents and, if necessary, request an extension from the registry. Consider the departmental conciliation commission as a prior step to try an amicable agreement.
Before going to court: conciliation
Conciliation through the departmental commission or a friendly proposal can avoid a trial. If conciliation occurs, keep the written minutes or any written agreement.
What happens at court
At the hearing, the judge hears both parties, reviews the documents and may order protective measures. The judge may dismiss the claim, order payments or repairs, or terminate the lease followed by an eviction order. Execution times and appeals apply after the decision.
How to act after a judgment
If the judgment is against you, check the appeals available and the deadlines to appeal. In case of eviction, the winter eviction ban generally protects tenants during a period set by law; find out the applicable periods and rehousing options.
FAQ
- Which proofs are most useful in case of a summons?
- The lease agreement, rent receipts, inventory reports, dated photos, written exchanges and bank statements are essential to support your defence.
- Can I request conciliation before the hearing?
- Yes, the departmental conciliation commission can be seized and an amicable attempt is often recommended before going to court.
- What if I do not understand the summons?
- Contact a local information point, a tenant help organisation or the registry to request explanations and the timeframes available to respond.
How-To
- Collect all the documents mentioned above and sort the evidence by date.
- Contact the departmental conciliation commission or a tenant information service.
- File the required documents with the court registry before the deadline and prepare a written brief if possible.
- Attend the hearing with copies of the documents and a clear presentation of the facts.
- After the judgment, check appeal deadlines and the enforcement or suspension procedures.