Writ to Pay: Calculation for Tenants in France
A writ to pay is a legal document indicating that a tenant is behind on rent or charges. In France, this paper, served by a bailiff at the landlord's request, details the amount owed, the time allowed to settle the debt and possible consequences, including eviction proceedings if payment is not made. This guide explains how to calculate the claimed amount, which items can be disputed (charges, repairs, amount of rent) and the steps to protect yourself: collect evidence, contact the departmental conciliation commission or bring the case before the tribunal judiciaire. Acting quickly preserves your rights as a tenant.
What is a writ to pay?
A writ to pay is an official act served by a bailiff to the tenant when unpaid rents are observed. In France, it sets out the amount claimed, deadlines to comply and possible consequences, in connection with rental housing law.[1]
A writ to pay is not an immediate eviction but the start of a legal procedure.
How is the amount claimed calculated?
The amount on the writ may include several elements: check your lease and the documents provided by the landlord.[2]
- Unpaid rent accumulated up to the date of service.
- Unpaid service charges if supported by documentation.
- Late payment interest possibly provided by the lease or law.
- Bailiff fees for service and summons.
Request supporting documents and verify the calculations before paying.
Deadlines, winter moratorium and consequences
After service, the tenant has a deadline to regularize. If payment is not made, the landlord can bring the case to the tribunal judiciaire. The winter moratorium protects against evictions during legally defined months, but civil procedures may continue.[1]
Respond as soon as you receive a writ to preserve your tenant rights.
What to do to contest or organize?
Recommended actions:
- Gather all documents: receipts, written exchanges, move-in/move-out reports.
- Respect the indicated deadlines and note important dates.
- Contact the landlord to propose a payment schedule or contact the departmental conciliation commission.
- If necessary, prepare a file for the tribunal judiciaire with clear evidence and requests.
Amicable conciliation often avoids a long and costly procedure.
FAQ
- What do I risk if I receive a writ to pay?
- You risk a procedure before the tribunal judiciaire that may lead to an order to pay and, as a last resort, an eviction outside the winter moratorium.
- Can I contest the amount claimed?
- Yes, you can request supporting documents, contact the departmental conciliation commission and, if necessary, contest before the court with evidence.
- Does the winter moratorium always protect me?
- The moratorium prevents the execution of an eviction during the legal period, but it does not prevent the continuation of judicial proceedings.
How to
- Collect receipts, emails and inventory reports to prove your situation.
- Precisely calculate the sums claimed by checking rent, charges and bailiff fees.
- Contact the landlord or conciliator to propose a payment plan.
- If conciliation fails, bring the case to the tribunal judiciaire with your file and evidence.
