Can I Evict a Tenant Who Doesn't Pay?

Yes, but the procedure is strictly regulated by law and takes several months. You need a payment order that went unanswered, a court decision, then an order to vacate, not to mention the winter moratorium, which suspends all evictions from November 1 to March 31. This procedure remains a last resort in long-term rental management.

The payment order: the mandatory first step

From the first unpaid rent, you can have a payment order served by a commissaire de justice (a court officer, formerly called a huissier). This document details the debt (rent and service charges) and invokes the termination clause (clause résolutoire) in your lease. Since Law No. 2023-668 of July 27, 2023, your tenant has six weeks to catch up or to ask a judge for payment extensions, which can run up to three years in some situations. If that period passes without the debt being cleared, the termination clause takes effect and you can go to court.

Going to court: the judge decides

If the payment order goes unanswered, you bring the case before the juge des contentieux de la protection (the judge who handles housing disputes). The judge checks that the procedure was followed and can either grant more time to a tenant acting in good faith or terminate the lease. How long this takes depends mostly on how backed up the court is: expect several months between filing and the hearing.

Tip: a well-drafted termination clause in your lease speeds up this step, since it’s what triggers automatic termination without any need for a full debate on that ground alone.

Order to vacate

Once termination is ordered, if the tenant doesn’t leave, an order to vacate is served on them. They then have a maximum of two months to leave the home. After that, the eviction can be carried out, with the help of law enforcement if needed.

The winter moratorium: the deadline every owner should know

Even with a final court decision, an eviction can’t be carried out between November 1 and March 31 of the following year. This is the winter moratorium, set out in Article L. 412-6 of the French Code of Civil Enforcement Procedures. There are two exceptions: the tenant’s rehousing is secured under adequate conditions, or the occupant entered the home by force (squatting). Outside those cases, evictions resume on April 1.

Amicable solutions to try before the procedure

Before going the legal route, an amicable agreement is often faster: payment extensions negotiated directly, help from a housing solidarity fund, or a referral to a social worker. A social and financial assessment of the tenant can now be triggered as soon as the payment order is served, even before the hearing.

What to keep in mind before you start

• The full procedure often takes several months, not counting the winter moratorium if it falls in the period.
• A tenant acting in good faith can get payment extensions from the judge, even after the payment order.
• Once the lease is terminated, the tenant owes an occupancy indemnity until they actually leave.

To avoid getting there, Visale, a free rent guarantee from Action Logement, protects your rent from the moment you rent out the home, and a solid guarantee file up front greatly reduces the risk of unpaid rent.

Related reading

• What to do when a tenant breaks the lease terms
• Finding a guarantor: simple, effective solutions
• How to amend a lease