Unpaid rent and eviction of tenant
Verified 24 November 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
You are a tenant
You know that you will have difficulty paying the rent of the accommodation you live in or you already have difficulty paying your rent? You must act as soon as possible. We explain how.
At any time, you can ask for advice from SOS unpaid rent :
Who shall I contact
SOS unpaid rent
Support, advice and prevention service in case of risk of eviction due to unpaid rent. This service informs tenants, such as landlords, free of charge.
By phone
0,805,160,075 monday to friday
Toll-free number: free call and service, from a landline or mobile phone
Step-by-step approach
Several solutions are possible:
Request a payment deadline from the owner
You can try to find a amicable solution with the owner.
For example, you can ask them to give you extra time to pay the rent, or offer to spread the payment out in several installments. If you find an agreement, it is better to write it down, and sign it together.
If you have trouble finding a solution with the owner, you can contact a conciliator of justiceSo he can help you with it. The conciliator intervenes free of charge.
Apply for social assistance
- At the Caf: titleContent (or MSA: titleContent)
If you already receive assistance from the Caf (or the MSA), you can declare a change of situation (you have lost your job, you no longer live as a couple...).
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You depend on the Caf
You must use this online service:
Family Allowances and Benefits - Statement of Situation (Caf)
You depend on the MSA (agricultural scheme)
You must contact the MSA:
If you do not receive assistance from the Caf (or the MSA), you can apply housing assistance (APL, ALS, ALF).
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You depend on the Caf
You must contact the Caf:
You depend on the MSA (agricultural scheme)
You must contact the MSA:
- With Action logement
If you are an employee, or pre-retired, or jobseeker, and your last employer is a private non-farm company with 10 or more employees, you can apply for help Housing action.
This assistance can take the form of an interest-free loan or of a grant. It is granted with the establishment of a social support provided by Action logement. This social support is a free and confidential service.
To apply, you must use this form:
Request for social support by Action logement
- Through a social worker
You can contact a social worker to find out what social assistance you may be entitled to (for example, Solidarity Fund for Housing “FSL” or your supplementary pension fund).
You can meet a social worker in your town hall or in a Budget advice point.
The social worker can also offer you a social support, that is to say to accompany you to solve your difficulties.
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To contact your town hall
You live in Paris
Who shall I contact
You live in another municipality
To contact a Budget Advisory Point
Submit an over-indebtedness file
If you have trouble paying rent and at least one other debt, you can file an over-indebtedness file.
One commissioner of justice (formerly judicial officer) has given you (or sent or deposited in your mailbox) a command to pay. This command requires you to pay your debt (unpaid rent, unpaid rental charges...) to the owner.
The order to pay must contain the following information (otherwise it has no value):
- The time allowed to pay your debt (6 weeks)
- The monthly amount of your rent and charges
- Counting your debt
- Information that if you do not pay your debt or do not ask for payment deadlines, then the owner can ask the judge to terminate your lease and evict you from the dwelling
- The address of the Solidarity Fund for Housing (FSL) from which you can apply for financial assistance
- Information that you can ask the judge, at any time, a grace period to pay your debt under the conditions provided by article 1343-5 of the civil code (maximum 2 years, but the judge can grant you a 3 years if you are able to repay your debt)
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If you acknowledge that you have to pay this debt
You have 6 weeks to pay this amount.
During this period of 6 weeks, you can in particular:
- Resume payment of rent (even partially) and, if possible, repay your debt (even partially). It's about certifying your goodwill and to increase your debt as little as possible.
- Contact a social worker to obtain financial assistance (housing assistance from the Caf, assistance from the FSL, assistance from Action logement, assistance from your supplementary pension fund, etc.)
- Contact the owner to try to find an agreement on payment terms together. If you find an agreement, it is recommended to write it down, and sign it together.
After 6 weeks:
- If you have paid off your debt, you can stay in the accommodation.
- If you have not repaid all your debt, or reached an agreement with the landlord, then the landlord can ask the judge to terminate your lease and evict you from the dwelling. If he does, you get a subpoena in court.
At any time, you can contact a lawyer to know the rules in force regarding rental debts:
Who shall I contact
SOS unpaid rent
Support, advice and prevention service in case of risk of eviction due to unpaid rent. This service informs tenants, such as landlords, free of charge.
By phone
0,805,160,075 monday to friday
Toll-free number: free call and service, from a landline or mobile phone
If you dispute this amount
You must contact the owner.
Before that, you can consult a lawyer to know the rules in force regarding rental debts:
Who shall I contact
SOS unpaid rent
Support, advice and prevention service in case of risk of eviction due to unpaid rent. This service informs tenants, such as landlords, free of charge.
By phone
0,805,160,075 monday to friday
Toll-free number: free call and service, from a landline or mobile phone
If you have trouble finding a solution with the owner, you can contact a conciliator of justiceSo he can help you with it. The conciliator intervenes free of charge.
Watch out : Where the disagreement relates to an amount not exceeding €5,000However, this attempt at conciliation is mandatory in order to be able to subsequently refer the matter to the judge.
If the disagreement persists, you must refer the matter to the protection litigation judge the court on which the accommodation you live depends. You don't have to have a lawyer in court.
A commissioner of justice (formerly judicial officer) gives you (or sends or deposits in your mailbox) a assignment in court.
This means that you are summoned to court because the landlord asks the protection litigation judge to sentence you:
- To repay your debt
- And to be evicted from the dwelling, following the termination of your lease.
The hearing must take place at least 6 weeks after the day you received the summons.
During this period of at least 6 weeks, you can in particular:
- Consult a lawyer for free to seek his advice prior to the hearing.
- Ask to a lawyer to assist you during the hearing, even if you don't have to. To pay him, you can ask legal aid, subject to certain conditions.
- Resume payment of your rent and charges, and, if possible, repay your debt (even in part). It's about showing the judge your goodwill, and to increase your debt as little as possible.
- Respond to the request for information addressed to you for the social and financial diagnosis (DSF). The FSD is used to enlighten the judge on the causes of your debt and the steps you have taken to remedy it. You must also provide supporting documents (payslip, application filed with the FSL: titleContent...).
During the hearing, you can ask the judge:
- To give you time to repay your debt
- And, if your lease contains a resolution clause, suspend the effects of the resolution clause (i.e. suspend the eviction procedure) during the repayment
The judge can grant you this repayment period of up to 3 years and suspend the expulsion procedure, when you meet the following conditions:
- You have resumed payment (in full) of the current rent before the hearing
- You are able to repay your debt
A commissioner of justice (formerly judicial officer) you means the judge's decision:
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The judge grants you repayment terms
The judge requires you to repay your debt according to a schedule
As a result, you must repay your debt by respecting the amounts to be repaid and the dates on which you must do so. In return, you can stay in the accommodation.
If you don't meet this deadline
If you do not meet this deadline (i.e. if you do not repay, or if you repay late), then your lease is terminated.
As a result:
- You are no longer considered as a tenant of your dwelling, but as a occupant without right or title
- The landlord no longer charges you rent, but occupancy allowances the amount of which is fixed by the judge
- The owner can continue the eviction procedure by sending you a command to leave the accommodation
From that moment on:
- You must, as far as possible, pay the occupancy allowances. It's about showing your goodwill to the judge.
- You must anticipate your eviction by looking for a new home. For this, you can contact a social worker (ask for information at the town hall), apply for social housing, or file a Dalo appeal, under certain conditions.
- If you are in social housing, you can ask the landlord to set up a social cohesion protocol. This system allows you to suspend the eviction procedure, but you must in return resume the payment of the rent and gradually repay your debt.
The judge orders the termination of the lease and your expulsion
Your lease is terminated. As a result:
- You are no longer considered as a tenant of your dwelling, but as a occupant without right or title
- The landlord no longer charges you rent, but occupancy allowances the amount of which is fixed by the judge
- The owner can continue the eviction procedure, by sending you a command to leave the premises
From that moment on:
- You must, as far as possible, pay the occupancy allowances. It's about getting your judge goodwill.
- You must anticipate your eviction by looking for a new home. For this, you can contact a social worker (ask for information at the town hall), apply for social housing, or file a Dalo appeal, under certain conditions.
- If you are in social housing, you can ask the landlord to set up a social cohesion protocol. This system allows you to suspend the eviction procedure, but you must in return resume the payment of the rent and gradually repay your debt.
FYI
If you have filed a debt overhang file, the procedure deportation may be suspended in some cases.
A commissioner of justice (formerly judicial officer) issues you a command to leave the premises (or command to have to vacate the premises).
This command must indicate the following information (otherwise it has no value):
- The enforceable title justifying the expulsion
- The judge before whom to apply for time limits or to challenge the expulsion
- The date from which the dwelling must be vacant
- The warning that from this date you can be forcibly evicted from the accommodation
- The reproduction of Articles L412-1 to L412-6 of the Code of Civil Enforcement Procedures
FYI
Generally, after receiving the command to leave the premises, you have 2 months to leave the accommodation, but the judge may have reduced or removed this period (especially if he considers you to be of bad will).
During the time indicated on the command to leave the premises, you can in particular:
- Enter the enforcement judge to request additional time (or grace period). This additional period can range from 1 month to 1 year maximum. The judge makes his decision taking into account in particular your situation (age, state of health...) and your goodwill. To apply for an extension, you must use the following form:
Request a time limit for an expulsion order - Application to the enforcement judge
- Search for a new home. For this, you can contact a social worker (ask for information at the town hall), apply for social housing, or file a Dalo appeal, under certain conditions.
FYI
If you stay in the dwelling (excluding social housing) after the end of the period allowed to leave it (excluding winter truce), you are liable to a fine of EUR 7 500.
You have not left the accommodation and risk eviction.
2 situations are possible:
- If you have an alternative accommodation that meets your needs (the number of rooms is in line with the number of occupants), eviction can take place throughout the year, as soon as the deadline for leaving the accommodation is exceeded
- If you do not have a relocation solution and the deadline to leave the accommodation ends during the winter truce (from 1 er November to March 31 of the following year), then the eviction is postponed after the winter break. In the Dom: titleContent, a cyclonic truce may apply.
FYI
If you have filed an over-indebtedness file, specific rules shall apply.
The Commissioner of Justice (formerly judicial officer) can inform you in advance of the date of the expulsion, but he is not obliged to do so.
For eviction, he must report to the accommodation a business daybetween 6 a.m. and 9 p.m.
When the justice commissioner presents himself at the housing, he then faces one of the following 3 situations:
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You agree to leave the accommodation
The Commissioner of Justice draws up a deportation report and you leave the accommodation immediately.
The deportation report must contain the following information:
- The operations carried out during the expulsion and the identity of the persons whose assistance was necessary
- The judge competent to challenge the expulsion operations.
If you leave property in the dwelling, or if the Commissioner of Justice stores it in a storage unit (at your expense), the eviction report must also contain the following information:
- List of these goods, with an indication whether or not they appear to have a market value
- Place and conditions of access to the storage cabinet where they are stored
- Mention, in very apparent characters, that you are obliged to withdraw your goods within 2 months after the delivery or the meaning of the minutes (non-renewable period). Unwithdrawn goods will be sold at public auction if the inventory indicates that they have a market value. Other property not removed will be considered abandoned, except personal papers and documents that will be placed in sealed envelopes and kept for 2 years by the Commissioner of Justice
- Note that you can dispute the lack of market value of the goods, within one month after the delivery or service of the minutes
- Indication of the judge to whom to submit this challenge
- Reproduction of articles R. 121-6 to R. 121-10, R 442-2 and R 442-3 of the Code of Civil Enforcement Procedures
FYI
If you don't have a relocation solution, you can call 115:
Who shall I contact
Social Samu - 115
Emergency number and reception of homeless people
By phone
115 (free from landline and mobile in metropolitan France and overseas)
Open Monday to Sunday and operating 24 hours a day
A call on this number is geolocated, identified and prioritized. It doesn't appear on the bills.
You refuse to open the door
The commissioner of justice cannot enter the dwelling. He then draws up a report of the attempted expulsion.
The Commissioner of Justice can then ask the representative of the State in the department that the police or gendarmerie assist him during your expulsion.
If the representative of the State in the department accepts, the commissioner of justice comes accompanied by a locksmith and the gendarmerie or the police. You must then leave the accommodation immediately. The Commissioner of Justice shall draw up a deportation report containing the following information:
- The operations carried out during the expulsion and the identity of the persons whose assistance was necessary
- The judge competent to challenge the expulsion operations.
If you leave property in the dwelling, or if the Commissioner of Justice stores it in a storage unit (at your expense), the eviction report must also contain the following information:
- List of these goods, with an indication whether or not they appear to have a market value
- Place and conditions of access to the storage cabinet where they are stored
- Mention, in very apparent characters, that you are obliged to withdraw your goods within 2 months after the delivery or the meaning of the minutes (non-renewable period). Unwithdrawn goods will be sold at public auction if the inventory indicates that they have a market value. Other property not removed will be considered abandoned, except personal papers and documents that will be placed in sealed envelopes and kept for 2 years by the Commissioner of Justice
- Note that you can dispute the lack of market value of the goods, within one month after the delivery or service of the minutes
- Indication of the judge to whom to submit this challenge
- Reproduction of articles R. 121-6 to R. 121-10, R 442-2 and R 442-3 of the Code of Civil Enforcement Procedures
FYI
If you don't have an alternative, you can call 115.
Who shall I contact
Social Samu - 115
Emergency number and reception of homeless people
By phone
115 (free from landline and mobile in metropolitan France and overseas)
Open Monday to Sunday and operating 24 hours a day
A call on this number is geolocated, identified and prioritized. It doesn't appear on the bills.
You're away
The commissioner of justice cannot enter the dwelling. He then draws up a report of the attempted expulsion.
The Commissioner of Justice can then ask the representative of the State in the department that the police or gendarmerie assist him during your expulsion.
If the representative of the State in the department accepts, the commissioner of justice comes accompanied by a locksmith and the gendarmerie or the police. You must then leave the accommodation immediately. The Commissioner of Justice shall draw up a deportation report containing the following information:
- The operations carried out during the expulsion and the identity of the persons whose assistance was necessary
- The judge competent to challenge the expulsion operations.
If you leave property in the dwelling, or if the Commissioner of Justice stores it in a storage unit (at your expense), the eviction report must also contain the following information:
- List of these goods, with an indication whether or not they appear to have a market value
- Place and conditions of access to the storage cabinet where they are stored
- Mention, in very apparent characters, that you are obliged to withdraw your goods within 2 months after the delivery or the meaning of the minutes (non-renewable period). Unwithdrawn goods will be sold at public auction if the inventory indicates that they have a market value. Other property not removed will be considered abandoned, except personal papers and documents that will be placed in sealed envelopes and kept for 2 years by the Commissioner of Justice
- Note that you can dispute the lack of market value of the goods, within one month after the delivery or service of the minutes
- Indication of the judge to whom to submit this challenge
- Reproduction of articles R. 121-6 to R. 121-10, R 442-2 and R 442-3 of the Code of Civil Enforcement Procedures
FYI
If you don't have an alternative, you can call 115.
Who shall I contact
Social Samu - 115
Emergency number and reception of homeless people
By phone
115 (free from landline and mobile in metropolitan France and overseas)
Open Monday to Sunday and operating 24 hours a day
A call on this number is geolocated, identified and prioritized. It doesn't appear on the bills.
You are an owner
Are you the owner of a rental unit with a residential lease? The tenant doesn't pay the rent? You want to know what steps to take, and in what order? We explain.
At any time, you can ask for advice from SOS unpaid rent :
Who shall I contact
SOS unpaid rent
Support, advice and prevention service in case of risk of eviction due to unpaid rent. This service informs tenants, such as landlords, free of charge.
By phone
0,805,160,075 monday to friday
Toll-free number: free call and service, from a landline or mobile phone
Step-by-step approach
You can remind the tenant of his obligation to pay the rent and charges by sending him a simple letter. If this letter remains ineffective, you can send it a formal notice by registered letter with acknowledgement of receipt.
You can also call on a conciliator of justice (free of charge) or a civil ombudsman (paid process) to try to reach an agreement with the tenant (for example, a payment spread). Please note that this procedure is mandatory to be able to subsequently ask the judge to terminate the lease, when the debt is less than or equal to €5,000.
From 1er unpaid rent, you can claim payment to the guarantor you chose when signing the lease:
- The bail of the tenant
- The Visale warranty. Careful, you must report the outstanding payment within 30 days.
- Your insurance Guarantee of unpaid rents
When the tenant benefits from a housing assistance (APL, ALF, ALS), you must report the outstanding payment to the Caf: titleContent (or the MSA: titleContent), from a certain amount of unpaid. This amount varies depending on whether housing assistance is paid directly to you or not:
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The aid is paid directly to you
You must notify the Caf (or the MSA) as soon as the unpaid amount is equal to 2 times net rent (rent less housing assistance) excluding charges.
Example :
For a rent of €430 per month, expenses of €90 per month and housing assistance of €200 per month:
The landlord must report the unpaid when the debt reaches:
€430 - €200 = €230
€230 x 2 = €460
The aid is paid to the tenant
You must notify the Caf (or the MSA) as soon as the unpaid amount is equal to 2 times the rent excluding charges.
Example :
For a rent of €430 per month, expenses of €90 per month and housing assistance of €200 per month:
The landlord must report the unpaid when the debt reaches:
€430 x 2 = €860
You must report the outstanding payment, preferably by registered letter with acknowledgement of receipt.
Be careful, if you do not report the unpaid amount, you risk a fine of €7,850.00.
FYI
Warned of the unpaid amount, the Caf or the MSA procedure for non-payment.
The procedure of termination of the lease and eviction of the tenant depends on the presence of a resolutive clause in the lease:
FYI
The lease signed on or after July 29, 2023 must contain a resolution clause.
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Lease with resolution clause
Have a payment order issued to the tenant
You need to load a commissioner of justice (formerly judicial officer) to send to the tenant, then to his bail, one command to pay .
The order to pay must contain the following information (otherwise it has no value):
- The time allowed to the tenant to pay his debt (6 weeks)
- The monthly amount of rent and charges
- The debt count
- Information that if the tenant does not pay his debt or do not ask for payment deadlines, then you can ask the judge to terminate your lease and your eviction from the accommodation
- The address of the Solidarity Fund for Housing (FSL) from which the tenant may apply for financial assistance
- The information that the tenant can ask the judge, at any time, a grace period to pay your debt under the conditions provided by article 1343-5 of the civil code (maximum period of 2 years, but the judge may grant a period of 3 years if he is able to repay his debt)
The tenant has 6 weeks to pay his debt.
After this 6-week period:
- If the tenant has paid off all his debt, he can stay in the accommodation
- If the tenant has not repaid all his debt, and you have not agreed with him a spread of the repayment, you can summon the tenant to court.
FYI
The commissioner of justice (formerly judicial officer) who issues the order to pay must report it to the Ccapex: titleContent.
Assign the tenant to court
When the tenant has not repaid all his debt within 6 weeks after receiving the order to pay, and in the absence of agreement on a spread of the repayment, you must do the following:
- Referring the protection litigation judge on which the rented accommodation depends. You can refer the matter to the judge by interim relief. You must ask the judge to order the tenant to pay his debt and court costs, find that the lease is terminated, order the eviction of the tenant and set the amount of a occupancy allowance.
- Appoint a commissioner of justice (formerly judicial officer) to assign the tenant to the court, and to serve the representative of the State in the department this summons.
The hearing takes place at least 6 weeks after the tenant has received the summons.
During this period, you can in particular:
- Consult a lawyer for free to seek his advice prior to the hearing.
- Ask to a lawyer to assist you during the hearing, even if you don't have to. To pay him, you can ask legal aid, subject to certain conditions.
- Respond to the request for information addressed to you for the social and financial diagnosis (DSF). The FSD serves to enlighten the judge on the situation of unpaid. This includes indicating the consequences of the tenant's debt on your financial and personal situation.
Enforce the judge's decision
- The application of a debt repayment schedule (up to 3 years)
If the tenant has resumed payment of the current rent (in full) before the hearing and is able to repay his debt, the judge may decide to apply a debt repayment schedule, and to suspend the effects of the resolution clause (i.e. to suspend the eviction proceedings).
In the event that the tenant does not respect the repayment schedule (non-repayment or late repayment), his lease will be terminated. You can then continue the deportation procedure, by appointing a commissioner of justice to signify the decision of the judge to the tenant and to issue him a command to leave the premises. - Either the application of the resolution clause
If the tenant has not resumed payment of the current rent (in full) before the hearing, or if he is unable to repay his debt, the judge may order the tenant to have his lease terminated and to be evicted from the dwelling.
You can then continue the deportation procedure, by appointing a commissioner of justice to signify the decision of the judge to the tenant and to issue him a command to leave the premises.
Other residential lease
Appeal to the judge
You must first:
- Enter the protection litigation judge on which the dwelling depends, to claim payment of the debt and legal costs, termination of the lease, eviction of the tenant and fixing of the amount of an occupation indemnity.
- And load one commissioner of justice to assign the tenant in court, and signify to the representative of the State in the department this summons.
Then, you can in particular:
- Consult a lawyer for free to seek his advice prior to the hearing.
- Ask to a lawyer to intervene for you at the hearing, even if you don't have to have a lawyer. To pay him, you can ask legal aid, subject to certain conditions.
- Respond to the request for information addressed to you for the social and financial diagnosis (DSF). The FSD serves to enlighten the judge on the situation of unpaid. This includes indicating the consequences of the tenant's debt on your financial and personal situation.
Enforce the judge's decision
The judge determines whether the tenant's fault is of sufficient gravity to justify the termination of the lease and its eviction from the dwelling.
The judge may make the following decisions:
- If the tenant cannot repay his debt, order him to have his lease terminated and to be evicted from his dwelling.
You can then continue the deportation procedure, by appointing a commissioner of justice to signify the decision of the judge to the tenant and to issue him a command to leave the premises. - If the tenant is able to repay his debt, the application of a debt repayment schedule.
In the event of non-compliance with this schedule (non-refund or late refund), the lease will be terminated. You can then continue the deportation procedure by appointing a commissioner of justice to signify the decision of the judge to the tenant and to issue him a command to leave the premises.
Warning
If the tenant has filed a debt overload file, specific rules shall apply.
After the judge has decided the termination of the lease and the eviction of the tenant, you must appoint a commissioner of justice (formerly judicial officer) of him signify that decision, and to issue a command to leave the premises (or command to have to free the premises).
FYI
The commissioner of justice must inform the representative of the State in the department of this command to leave the premises.
Generally, the tenant then has 2 months to leave the dwelling (but the judge may have reduced or removed the tenant of ill will).
During the period allowed to leave the dwelling, the tenant may seize the enforcement judge to request additional time (or grace period). This additional period can range from one month to a maximum of 1 year. The judge makes his decision taking into account the tenant's situation (age, state of health...) and his good will.
FYI
As soon as the lease is terminated, the tenant becomes occupant without right or title, to whom you charge a occupancy allowance, not rent.
At the end of the period left to the tenant to leave the dwelling, a commissioner of justice (formerly judicial officer) must proceed with his deportation.
Warning
Only a justice commissioner can take care of the eviction of the tenant:
- You must not enter the dwelling before the intervention of the commissioner of justice, nor change the lock, nor touch the furniture. Otherwise, you risk to be prosecuted for trespassing.
- If you do the deportation yourself, you risk up to 3 years in prison and €30,000 of a fine.
2 situations are possible:
- When the tenant has a relocation solution according to its needs (the number of rooms is in line with the number of occupants), eviction can take place throughout the year, as soon as the deadline to leave the accommodation is exceeded.
- When the tenant does not have a relocation solution, expulsion is not possible during the winter truce, i.e. 1 er November to March 31 (inclusive) of the following year. If the period for leaving the accommodation expires during this period, the eviction shall be postponed.
In the Dom: titleContent, a cyclonic truce may apply.
FYI
If the tenant has filed a debt overload file, specific rules shall apply.
The Commissioner of Justice presents himself to the housing business daybetween 6 a.m. and 9 p.m.
He can warn the tenant of his arrival, but he is not obliged to do so.
He can face one of the following 3 situations:
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The tenant agrees to leave the accommodation
The Commissioner of Justice draws up a report of eviction and the tenant immediately leaves the accommodation.
If the tenant has left property in the dwelling, the Commissioner of Justice has it deposited in a storage unit, at the expense of the person evicted.
FYI
If the deportee has not removed them within 2 months, they will be sold at public auction if they have a market value.
The tenant refuses to leave the accommodation
The commissioner of justice cannot enter the dwelling. He then draws up a report of the attempted expulsion. He can then ask the prefect of the department to be assisted by the police or gendarmerie for the expulsion.
The prefect accepts
The justice commissioner comes to the accommodation accompanied by a locksmith and the gendarmerie or police. The tenant must then leave the accommodation immediately.
If the tenant has left property in the dwelling, the Commissioner of Justice has it deposited in a storage unit, at the expense of the person evicted.
FYI
If the deportee has not removed them within 2 months, they will be sold at public auction if they have a market value.
The prefect refuses
The prefect may refuse to allow the police or gendarmerie to intervene. The Prefect shall inform the Commissioner of Justice of his refusal. He must state the reason for his refusal. But the lack of response from the prefect within 2 months is also a refusal.
In case of refusal, you can ask to be compensated.
FYI
If the refusal decision is made while the person to be deported is protected by the winter break, you can only claim compensation for the following period.
Make a claim for compensation
You must send a request for compensation to the prefect of department, by registered letter with acknowledgement of receipt. You must attach any supporting documents to establish the amount of damages related to this refusal.
This may include:
- Loss of rents and recoverable rental charges on the occupant
- Loss of market value of property due to disadvantageous sale
- Costs related to the impossibility to sell the property
- Rehabilitation Fee
- Commissioner of Justice Fees
- Household waste collection tax
- Disturbance in living conditions.
FYI
For the compensation of the loss of rents, the calculation is made with the rental value of the premises, as defined by the lease (excluding any possible rent supplement or costs not related to the refusal). The amount of this allowance also takes into account the compensation of recoverable leasehold expenses, as long as you justify that you paid them.
Acknowledgement of receipt of claim
After the filing of your claim for compensation, an acknowledgement of receipt is sent to you. It shall include the following information:
- The date of receipt of the request
- The date from which compensation is to be considered refused, in the absence of a response from the administration,
- The service responsible for monitoring the request, as well as its address and, if necessary, its email address.
- If your file is incomplete, the information and supporting documents are missing, as well as the deadline before which you must provide them.
Decision and appeal
At the end of 2 months, you are in one of these 2 situations:
- An amount of compensation is offered to you. If you accept it, you must sign a written contract. Under this contract, you agree to waive any other recourse in relation to this dispute and to return to the State any amount you may collect from the person to be expelled or from an organization (e.g. Caf). To contest the amount proposed to you, you must apply to the administrative court within 2 months.
- No compensation amount is offered to you. This means that your claim for compensation is denied. You have 2 months to challenge this refusal before the administrative court.
The tenant is absent
The commissioner of justice cannot enter the dwelling. He then draws up a report of the attempted expulsion. He can then ask the representative of the State in the department to be assisted by the police or gendarmerie for the expulsion.
The prefect accepts
The justice commissioner comes to the accommodation accompanied by a locksmith and the gendarmerie or police. The tenant must then leave the accommodation immediately.
If the tenant has left property in the dwelling, the Commissioner of Justice has it deposited in a storage unit, at the expense of the person evicted.
FYI
If the deportee has not removed them within 2 months, they will be sold at public auction if they have a market value.
The prefect refuses
The prefect may refuse to allow the police or gendarmerie to intervene. The Prefect shall inform the Commissioner of Justice of his refusal. He must state the reason for his refusal. But the lack of response from the prefect within 2 months is also a refusal.
In case of refusal, you can ask to be compensated.
FYI
If the refusal decision is made while the person to be deported is protected by the winter break, you can only claim compensation for the following period.
Make a claim for compensation
You must send a request for compensation to the prefect of department, by registered letter with acknowledgement of receipt. You must attach any supporting documents to establish the amount of damages related to this refusal.
This may include:
- Loss of rents and recoverable rental charges on the occupant
- Loss of market value of property due to disadvantageous sale
- Costs related to the impossibility to sell the property
- Rehabilitation Fee
- Commissioner of Justice Fees
- Household waste collection tax
- Disturbance in living conditions.
FYI
For the compensation of the loss of rents, the calculation is made with the rental value of the premises, as defined by the lease (excluding any possible rent supplement or costs not related to the refusal). The amount of this allowance also takes into account the compensation of recoverable leasehold expenses, as long as you justify that you paid them.
Acknowledgement of receipt of claim
After the filing of your claim for compensation, an acknowledgement of receipt is sent to you. It shall include the following information:
- The date of receipt of the request
- The date from which compensation is to be considered refused, in the absence of a response from the administration,
- The service responsible for monitoring the request, as well as its address and, if necessary, its email address.
- If your file is incomplete, the information and supporting documents are missing, as well as the deadline before which you must provide them.
Decision and appeal
At the end of 2 months, you are in one of these 2 situations:
- An amount of compensation is offered to you. If you accept it, you must sign a written contract. Under this contract, you agree to waive any other recourse in relation to this dispute and to return to the State any amount you may collect from the person to be expelled or from an organization (e.g. Caf). To contest the amount proposed to you, you must apply to the administrative court within 2 months.
- No compensation amount is offered to you. This means that your claim for compensation is denied. You have 2 months to challenge this refusal before the administrative court.
Who can help me?
Find who can answer your questions in your region
For the tenant and the owner
SOS unpaid rent
Support, advice and prevention service in case of risk of eviction due to unpaid rent. This service informs tenants, such as landlords, free of charge.
By phone
0,805,160,075 monday to friday
Toll-free number: free call and service, from a landline or mobile phone
For the tenant and the owner
Administrative information by phone - Allô Service Public
For more information on this subject, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15Horaires exceptionnels le mercredi 31 décembre de 08h30 à 11h30
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you belong to the ministry in charge of housing and city planning.
For the tenant
Budget Advisory Point (PCB)
Definition of unpaid rent
Resolutive clause
Expulsion proceedings: court decision
Command to leave the premises
Deportation procedure
Deportation procedure
Law enforcement competition
Minutes of deportation
Property is left in the dwelling
Self-Deportation
Compensation in the event of refusal of the assistance of the police
Compensation in the event of refusal of the assistance of the police
Claim (R154-1 to R154-7)
Acknowledgement of receipt in the event of a claim
Penalty in case of non-compliance with the deadlines for leaving the accommodation
FAQ
Service-Public.fr
Service-Public.fr
Service-Public.fr
Ministry of Solidarity, Autonomy and Equality between Women and Men
National Agency for Housing Information (Anil)
Ministry of Housing
Housing action
Housing action
Legifrance