This guide is for internationals renting a home in France who are struggling to pay their rent, or who expect to. After reading it, you will understand each stage of the procedure from unpaid rent to eviction, the documents you may receive, and where to find free help.
- Acting before the debt grows
- Where to find help
- The formal demand to pay
- The court summons and the hearing
- The judge’s decision and the winter truce
- FAQ
Acting before the debt grows
Service Public, the official French administration site, says that a tenant who expects difficulty paying, or is already behind, should act as quickly as possible. At this stage no formal procedure has started, so there is the most room for an arrangement.
Tenants can try to reach an agreement with the landlord, for example by asking for extra time or offering to pay in several instalments. Service Public recommends putting any agreement in writing and signing it together. If talks stall, a conciliateur de justice (court conciliator) can help both sides find a solution free of charge.
Where to find help
SOS loyers impayés (the unpaid rent helpline) gives free information to tenants and landlords on 0 805 160 075, Monday to Friday. The call is free from a landline or a mobile, and its legal advisers explain the rules on rent debt at any stage.
The Caf (family allowance office), or the MSA (agricultural social security fund) for those it covers, is another contact. Tenants who already receive Caf help can declare a change of situation online, such as losing a job or separating from a partner. Others can apply for housing benefit, known as APL, ALS or ALF. The Caf or MSA decides on eligibility.
Action logement can help employees, people in early retirement and jobseekers whose last employer was a private, non-agricultural company with 10 or more employees. Its help takes the form of an interest-free loan or a grant, together with free and confidential social support, requested through a dedicated form.
An assistante sociale (social worker) can point to other aid, such as the Fonds de solidarité pour le logement or FSL (housing solidarity fund) or a complementary pension fund. Social workers are available at the mairie (town hall), in département services or at a Point conseil budget (budget advice centre). A tenant with rent difficulties and at least one other debt can also file a dossier de surendettement (over-indebtedness application).
The formal demand to pay
If the debt remains, a commissaire de justice (bailiff, formerly huissier de justice) may deliver a commandement de payer (formal demand to pay), in person, by post or in the letterbox. Service Public states that it has no value unless it includes: the 6-week deadline to pay; the monthly rent and charges; a breakdown of the debt; a warning that the landlord can ask a judge to end the lease and order eviction; the address of the FSL; and a statement that the tenant can ask a judge at any time for a délai de grâce (grace period). Under article 1343-5 of the Civil Code, this is 2 years at most, though the judge can grant 3 years if the tenant can repay.
Within the 6 weeks, a tenant can resume paying rent, even partly, and repay some of the debt to show good faith. They can also seek financial aid through a social worker or agree a written payment schedule with the landlord. Private-sector tenants receive a request for information for the diagnostic social et financier or DSF (social and financial assessment), which explains to the judge why the debt arose and what has been done. Supporting documents such as payslips or proof of an FSL application are required.
After 6 weeks, a tenant who has repaid can stay. Without full repayment or an agreement, the landlord can go to court. A tenant who disputes the demand should contact the landlord first. Where the disagreement concerns 5,000 euros or less, conciliation is compulsory before going to the juge des contentieux de la protection (the judge for tenancy disputes) at the court covering the property. A lawyer is not compulsory.
The court summons and the hearing
An assignation (court summons), also delivered by a commissaire de justice, means the landlord is asking the judge to order repayment and eviction after ending the lease. The hearing must take place at least 6 weeks after the tenant receives it.
Before the hearing, a tenant can consult a lawyer free of charge and ask one to attend, although this is optional. Aide juridictionnelle (legal aid) can cover the cost, subject to conditions. Social housing tenants are asked to update their DSF.
At the hearing, the tenant can ask for time to repay and, if the lease has a clause résolutoire (clause ending the lease for non-payment), for its effects to be suspended, which pauses the eviction procedure. The judge can grant up to 3 years if the tenant resumed paying the full current rent before the hearing and is able to repay.
The judge’s decision and the winter truce
A commissaire de justice formally serves the decision. If the judge sets a repayment schedule, the tenant must pay the amounts on the dates set and can stay in the home. Missed or late payments mean the lease is terminated and the person is no longer considered the tenant.
The trêve hivernale (winter truce) is a yearly period linked to limits on evictions. Its dates and exceptions are not set out in the source used for this guide, so they should be checked on service-public.fr.
Anyone with a question about how housing affects their titre de séjour (residence permit) should contact the préfecture or a migration advice service.
FAQ
Is the SOS loyers impayés helpline free?
Yes. The number, 0 805 160 075, is free from a landline or a mobile, open Monday to Friday, and gives free information to tenants and landlords.
How long does a tenant have after a commandement de payer?
Six weeks. If the debt is not fully repaid and no agreement exists by then, the landlord can ask a judge to end the lease and order eviction.
Is a lawyer required at the hearing?
No. A tenant can still consult a lawyer free of charge beforehand and apply for aide juridictionnelle, subject to conditions, to pay for representation.
How long can a judge give to repay arrears?
Up to 3 years, with the eviction procedure suspended, if the tenant resumed paying the full current rent before the hearing and can repay the debt. The judge decides.
Sources: service-public.fr
Last verified: 22 October 2026 against the pages linked above. Rules and fees change; the responsible authority always has the final word.
This is general information, not legal or immigration advice. For your own situation, ask the prefecture of your département, a recognised migration advice service or a lawyer (avocat).
Sources
- service-public.fr: Loyers impayés et expulsion du locataire, accessed 22 October 2026
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