In times of financial difficulties, it can be difficult for a tenant to pay the rent. The risk is that they will be evicted and find themselves without a home. However, there are ways to suspend or cancel eviction proceedings. Find out about all the remedies available.
Faced with unpaid rent, resort to an amicable solution
Tenants may face temporary financial difficulties if they are no longer able to pay their rent. The first and most important step is to approach the landlord to try to find an amicable solution together. This solution has many advantages for both parties. The landlord avoids a long and costly procedure, and you are protected from eviction. If the landlord is understanding, he or she can grant you a payment extension or set up a payment schedule with you. This solution is quick and effective, and does not involve legal proceedings, bailiffs or lawyers. It allows everyone to find a solution by simply using communication. In addition to this solution, the owner-lessor must contact the guarantor of the rental contract as soon as the first month’s rent is unpaid. This can be a third party or a Visale guarantee. If eviction proceedings are initiated against you, you will quickly receive a formal notice to pay by registered letter.
What is the eviction procedure with a resolutory clause ?
The procedure for terminating a lease differs depending on the presence or absence of a resolutory clause. A resolutory clause allows the landlord to automatically terminate a lease if the rent is not paid by the due date. This can also be for the absence of home insurance, non-payment of the security deposit or for neighbourhood disturbances. If the tenant is in one of these cases, the landlord must inform a bailiff so that the bailiff can send the tenant and any guarantor a payment order with a deadline of 2 months. As a tenant, you have the option of applying to the court of first instance to obtain a delay in payment, or to apply to the Fonds de Solidarité pour le Logement (FSL) for financial assistance. If you manage to pay your debts, you can stay in your accommodation. If not, the landlord will have to go to court to order your eviction after the lease has been terminated.
What is the eviction procedure without a resolutory clause ?
If the lease does not contain a resolutory clause, then it cannot be automatically terminated in case of unpaid rent. In this case, the landlord must initiate legal proceedings to have the tenant evicted. In this case, the court decides whether the tenant has failed in his duties and whether an eviction will take place. The court takes into account many factors: personal situation, amount of unpaid rent, misuse of the accommodation, etc. The judge may use a social enquiry to obtain all the information necessary for his decision. If the judge considers that the tenant is able to pay, he can grant him a delay so that he can pay his debts. However, if this is not the case, the judge can order the termination of the lease and consequently the eviction of the tenant. The tenant receives a summons to vacate the premises from a bailiff. You then have 2 months to leave your home. However, you can take advantage of a delay of between 3 months and 3 years by going to the Tribunal de Grande Instance (TGI).
Appealing an eviction order
If you are the target of an eviction order, there is a way to suspend the procedure. You can appeal to the Court of Appeal. If the evidence in your case is that the eviction proceedings are unfounded, you can have the eviction proceedings cancelled and remain in your home. If the Court of Appeal upholds the court’s decision, you can still appeal to the Court of Cassation if you feel that the rules of law have not been respected. Finally, you should know that the eviction procedure is subject to a very strict legal framework. It must be carried out by a bailiff. If your landlord carries out the eviction himself, he risks a fine of €30,000 and up to three years’ imprisonment. If you are evicted despite all these remedies, the eviction cannot take place at any time. Tenants are protected by the winter break. Furthermore, no eviction can take place on Sundays, public holidays or between 9pm and 6am.