Published on : 01 June 20203 min reading time

Non-payment of rent is one of the biggest problems for a landlord. Indeed, there is no way of knowing in advance that such and such a tenant would not be able or categorically refuses to pay the rent. The situation is not insignificant, especially if the landlord has to honour a loan. The problem of unpaid rent is becoming more and more frequent despite the implementation of the Alur law in 2014. Non-payment of rent can lead to the eviction of tenants. But before proceeding with this long and complex procedure, it is better to try an amicable approach. After all, the tenant is not necessarily acting in bad faith.

Amicable approach

Before pursuing legal proceedings, it would always be advisable to try an amicable approach. Indeed, there are many reasons that can lead a tenant to become insolvent without being in bad faith: a temporary financial difficulty or a simple forgetfulness. In this case, the landlord must send a letter of formal notice by registered mail with acknowledgement of receipt to the tenant. This letter of formal notice will serve as a debt reminder for the tenant. Moreover, this procedure is obligatory if the unpaid debt persists and the landlord is obliged to summon the tenant to the Tribunal d’Instance. Still in amicable practice, it is possible that landlord and tenant may find a common ground on which the repayment of the debt can be spread over a few months.

Judicial approach

Two months have passed and the beneficiary still does not collect his rent, it is time to summon the tenant to the tribunal d’instance. This is a summons sent by a bailiff to summon the tenant and landlord to the tribunal d’instance. If, after the hearing, the landlord wins, the tenant is ordered to reimburse the landlord for the unpaid rent plus the court costs prescribed in the Code of Civil Procedure, Article 700. However, the occupant has a time limit for payment indicated by the court. After which, the landlord may then order the tenant’s eviction with the judge’s consent.

Eviction

The first eviction attempt involves sending a bailiff to the tenant to order him to leave the building. If the tenant is present on the premises when the bailiff arrives, the bailiff may draw up a report on the recovery of the dwelling, store the furniture in a safe place and have the key changed. This is always valid if the tenant is absent, but the bailiff is accompanied by a police officer. And if the tenant is present when the bailiff comes, but refuses to cooperate, the police must be called.