Protection against rental arrears in France

Preventive measures against rental arrears

To avoid rental arrears, it is important to take certain preventive measures even before the lease agreement is signed. Firstly, the landlord must ensure that the tenant has sufficient financial resources to pay the rent. To do so, the landlord can request supporting documents such as recent pay slips, a certificate from the employer, or a joint surety.

The landlord can also take out rent arrears insurance. This insurance guarantees the payment of the rent in case of non-payment by the tenant. However, it is not mandatory and can involve additional costs.

Devices for protection against rental arrears

In case of rental arrears, the landlord has several devices for protection to recover the outstanding amounts.

The formal demand for payment

The first measure is to send a formal demand for payment to the tenant. This formal demand must be sent by registered letter with acknowledgment of receipt, and must specify the amount of the debt and the payment deadline. If the tenant does not respond or does not pay his debt within the deadline, the landlord can then initiate a procedure for recovering unpaid rent.

The procedure for recovering unpaid rent

This procedure allows the landlord to recover the unpaid rent. The procedure for recovering unpaid rent takes place in several stages. Firstly, the landlord must send a registered letter with acknowledgment of receipt to the tenant, asking him to pay his debt. If the tenant does not respond, the landlord can then refer the matter to the local conciliation commission. This commission’s mission is to find an amicable agreement between the tenant and the landlord. If no amicable solution is found, the landlord can then refer the matter to the local court to initiate a procedure for recovering unpaid rent.

The termination of the lease

If the rental contract has been well designed, it must contain a resolutory clause allowing the landlord to terminate the lease unilaterally, by right, if the tenant does not pay the rent and charges on the agreed dates. A summons to pay must first be sent to the tenant. Before implementing the resolutory clause, send the tenant a payment order by bailiff’s writ. The tenant then has 2 months to rectify the situation. If no payment has been made by the end of this two-month period, the lease is terminated. You can then start eviction proceedings with the help of a bailiff.

The eviction procedure

If, despite all these measures, the tenant is unable to pay the rental arrears, the landlord can initiate an eviction procedure. This procedure must respect certain steps and guarantee the tenant’s rights. Firstly, the landlord must send a payment order to the tenant, by bailiff, asking him to regularize his situation within a period of two months. If the tenant does not pay his debt within this period, the landlord can then assign the tenant in court. The judge must then rule on the situation and may grant an additional payment period or order eviction. If eviction is ordered, the tenant then has a period of time to vacate the premises.

Conclusion

The protection against rental arrears in France relies on a set of measures aimed at preventing rental arrears. In case of difficulties, it is important to seek the help of a professional lawyer to find solutions adapted to the situation.