Legal deadlines: eviction clause and unpaid rent France

As a tenant in France, understanding the legal deadlines related to the eviction clause and unpaid rent is essential to protect your rights and avoid eviction. This article explains in clear language when a lease can be terminated, which steps the landlord must take before going to court, and what amicable solutions exist, such as the departmental conciliation commission. You will find concrete procedures, deadlines to respect, and practical advice for collecting evidence and contesting claims. The information follows the principles of the 1989 law and points to possible remedies before the judicial court so you can act quickly and with confidence.

Understanding the eviction clause and how it is triggered

The eviction clause, when included in the lease, allows the landlord to initiate termination proceedings in case of unpaid rent after a certain delay and a formal notice. Before any effective termination, there are precise steps: formal notice, time to regularize, and then, if necessary, referral to the judicial court. The law regulates these steps to prevent arbitrary evictions and to give the tenant a possibility of appeal. ^[1]

Payment deadline and formal notice

After a missed payment, the landlord must send a formal notice to the tenant demanding payment. This document sets a reasonable period to regularize the situation; in practice, it can be from a few days to several weeks depending on circumstances. If the tenant pays or obtains a payment plan, the procedure can stop. If there is no response, the landlord may petition the court to obtain lease termination.

What does a formal notice include?

• The sending date and the amount claimed must be precise.
• It states the demand for payment and the deadline to regularize.
• Keep a copy and proof of sending (registered mail or acknowledgment of receipt).

Judicial procedure and timelines

If the tenant does not settle the debt, the landlord can bring the matter before the judicial court to request lease termination and eviction. The judge checks the regularity of the procedure, observance of deadlines, and proper application of the eviction clause. Hearings and decisions can take several months; during this time, emergency measures or social assistance can suspend eviction, notably during the winter moratorium.

Winter moratorium

• The winter moratorium prohibits evictions between November and March except in specific cases.
• It does not cancel the debt: rent remains due.

Amicable solutions and assistance

Before or during the procedure, prioritize negotiation: propose a payment schedule to the landlord, contact the Family Allowance Fund if eligible, and refer your case to the Departmental Conciliation Commission to seek an agreement. Social services and certain aid programs for unpaid rent may also intervene. ^[2]

When to contact the Departmental Conciliation Commission (CDC)?

• When you want free mediation before going to court.
• The CDC can propose an agreement that the judge may later validate.

What to do if you receive a termination order?

If the court orders termination, inform yourself quickly about deadlines to vacate the property, possibilities of appeal, and relocation assistance. You can request extra time from the judge to organize a move and find alternative housing. ^[3]

FAQ

What does "eviction clause" mean in my lease?

The eviction clause allows the landlord to request termination of the lease if the tenant does not pay rent after a formal notice and procedures provided by law.

How long do I have to settle an unpaid rent after a formal notice?

The formal notice must indicate a reasonable period: it varies case by case, but it is crucial to respond quickly or propose a payment plan.

Does the winter moratorium automatically protect me?

The winter moratorium prevents evictions between November and March, but it does not cancel the rent debt or ongoing procedures.

How to

1. Gather evidence: receipts, letters, and exchanges with the landlord.
2. Contact the Departmental Conciliation Commission to attempt mediation.
3. Propose a written payment schedule to the landlord and request acknowledgment of receipt.
4. If necessary, bring the case before the judicial court keeping all supporting documents.

Key points

• Respond to the first formal notice promptly to protect your rights.
• Keep all proofs of payment and communication.
• Favor mediation via the CDC before litigation when possible.

Help and resources

• Service-public.fr — Procedures and assistance for tenants
• Legifrance.gouv.fr — Laws and case law
• Service-public.fr — Citizens' rights and remedies

1. [1] Service-public.fr — Procedures and information for tenants
2. [2] Service-public.fr — Departmental Conciliation Commission and mediation
3. [3] Legifrance.gouv.fr — Law n°89-462 of July 6, 1989 and related texts