Tenant in France: unpaid rent & termination clause

You are a tenant in France and are facing unpaid rent or a termination clause in your lease? This article explains in simple terms your rights and possible steps: negotiate a payment plan, request the departmental conciliation commission, or challenge a procedure before the judicial court. We describe deadlines, the evidence to gather (receipts, written exchanges) and the protection offered by the winter eviction ban. The goal is to give you concrete actions to take at the first signs of unpaid rent to reduce the risk of eviction, while indicating when to seek official help and which forms to consult.

Understanding the termination clause and the timeline

The termination clause included in a lease generally allows the landlord to request contract termination in case of unpaid rent, after a formal notice to pay delivered by a bailiff. The tenant has time to regularize the situation and may request conciliation or go before a judge if proceedings are started.^[3]

Immediate actions

• Contact your landlord quickly to explain the situation and propose a payment schedule.
• Pay what you can and ask for a written receipt for each payment.
• Keep all evidence: receipts, emails, messages and bank statements.

Remedies and mediation

Before any eviction procedure, you can request the Departmental Conciliation Commission (CDC) or propose mediation, steps often recommended to find an agreement without going to court.^[1]

What happens during the winter eviction ban?

The winter eviction ban suspends evictions between November 1 and March 31 (legal dates), but proceedings and decisions can continue: the tenant must stay informed and keep talking with the landlord and social services.^[2]

FAQ

What does a termination clause mean?

It is a clause in the lease providing for termination of the contract in case of unpaid rent after a formal notice to pay delivered by a bailiff, subject to legal deadlines and available remedies.

Does the winter eviction ban always protect against eviction?

The ban suspends eviction from November 1 to March 31 but procedures can continue and support measures may be offered.

What should I do at the first missed payment?

Contact the landlord, request a payment plan, keep all proof of payment and contact the Departmental Conciliation Commission if needed.

How to

1. Gather all evidence (receipts, written exchanges, bank statements).
2. Contact the landlord to propose a written payment schedule.
3. Accept and follow a payment plan if possible, requesting written confirmation.
4. Contact the Departmental Conciliation Commission if negotiation fails.
5. As a last resort, bring the case before the judicial court and prepare a complete file for the procedure.

Key points

• Act quickly: deadlines to regularize are limited.
• Document everything: written evidence strengthens your case.
• The winter eviction ban provides temporary protection but does not erase the debt.

Help and resources

• [1] Service-public.fr - Loyer impayé et expulsion
• [2] Service-public.fr - Trêve hivernale
• [3] Legifrance.gouv.fr - Loi n° 89-462 du 6 juillet 1989

1. [1] Service-public.fr - Loyer impayé et expulsion
2. [2] Service-public.fr - Trêve hivernale
3. [3] Legifrance.gouv.fr - Loi n° 89-462 du 6 juillet 1989