Unpaid rent: act early, escalate correctly
AdminLanding Editorial
From the first reminder to the formal notice and the commandement de payer — generate court-ready letters at each step, and notify the guarantor and CAF on time.
The recovery steps, in order
Each step has its own letter — escalate only as far as you need.
1. Friendly reminder (relance)
As soon as rent is late, send a written reminder. Many late payments resolve here — keep it dated and on record.
2. Formal notice (mise en demeure)
If the reminder goes unanswered, send a formal notice by registered mail (LRAR) giving a clear deadline to pay and citing the lease.
3. Notify the guarantor & CAF
Inform the guarantor (caution) and, for an APL tenant, the CAF — required within set time limits to preserve your rights and any aid.
4. Commandement de payer
Every residential lease contains a clause résolutoire (Article 24, mandatory since the law of 27 July 2023): a commissaire de justice serves a commandement de payer; the tenant then has six weeks before the clause can be enforced in court.
Unpaid rent in France: the process
Amicable first, always documented
The law (Article 24 of the 1989 Law) rewards landlords who act early and in writing. A dated reminder followed by a registered mise en demeure resolves most cases and builds the paper trail a judge will expect. Never resort to pressure, lock changes, or utility cut-offs — those are criminal offences in France.
The clause résolutoire path
Every residential lease contains a clause résolutoire (Article 24, mandatory since the law of 27 July 2023; a fixed paragraph of the contrat type from 1 October 2026), so recovery can accelerate: a commissaire de justice serves a commandement de payer; the tenant then has six weeks to clear the debt. If they don't, the landlord asks the judge to confirm the lease is terminated. Throughout, the tenant may request payment terms and aid — which is why clean, dated letters at each step matter.
Notifications and safeguards
- Notify the guarantor (caution) promptly so they can pay before the debt grows.
- Report APL tenants' arrears to the CAF within the legal deadline.
- Eviction is only possible by court order and respects the winter truce (trêve hivernale).
- Unpaid-rent insurance (GLI) or Visale can cover the loss if subscribed in time.
Ending the tenancy at term for a serious breach instead? See landlord notice (congé).
Quick answer
French unpaid-rent procedure rewards landlords who act early and in writing (Article 24 of the loi du 6 juillet 1989). The escalation is fixed: a dated payment reminder, then a formal mise en demeure, then — when the lease has a clause résolutoire — a commandement de payer served by a commissaire de justice, after which the tenant has six weeks to pay before a judge can confirm termination. Self-help eviction is illegal in France at every stage. AdminLanding generates the reminder, the mise en demeure and the supporting rent statements in the legal French format — through a bilingual English/French interface — so each step is provable.
Rent statements come from the same file as your monthly rent receipts.
Frequently Asked Questions
Reminders, formal notice, clause résolutoire, CAF and eviction.
What should a landlord do first about unpaid rent?
What is a mise en demeure?
What is a clause résolutoire?
Do I have to notify the CAF and the guarantor?
Can I evict a tenant myself for unpaid rent?
How can I protect myself against unpaid rent?
Important: AdminLanding is a technology platform, not a law firm. We do not practice law, provide legal advice, or act as lawyers (avocats), notaries (notaires), bailiffs (commissaires de justice), or any regulated legal professional as defined by French Law No. 71-1130 of December 31, 1971. The documents provided are general-purpose templates for convenience only — they do not constitute personalized legal advice. Debt recovery and eviction carry strict procedures; we strongly recommend consulting a qualified professional or commissaire de justice before acting.
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