Receiving a French eviction notice for unpaid rent is frightening, particularly when the tenancy, bank account and supporting documents are spread between France and the United Kingdom. The document may use unfamiliar words such as commandement de payer, clause résolutoire or commissaire de justice. Those words describe stages in a legal process; they do not mean that a landlord can change the locks or remove a tenant immediately.

For a British national living in France after Brexit, the first question is not nationality. French residential tenancy rules generally protect the person occupying the home under a residential lease, whether the rent was funded by a French salary, a UK pension, a UK employer, savings or benefits. A residence-permit issue and a rent-arrears case can exist at the same time, but they are separate questions. A landlord still has to follow the eviction procedure, while an immigration authority applies its own rules.

The safest response is rapid and methodical. Preserve the envelope and every page served, identify the date and method of service, reconcile the landlord’s calculation with your bank statements, keep paying the current rent if possible, and obtain help before the first deadline expires. The purpose of this guide is to explain the French procedure in English, identify the points at which a British tenant can still act, and set out the evidence that can turn a cross-border payment problem into a workable settlement.

I. What does a French eviction notice for unpaid rent mean?

A. The commandement de payer: six weeks to audit, pay or seek help

The document most people call a French eviction notice is often a commandement de payer. This is a formal demand for payment served by a commissaire de justice, the French legal officer who serves documents and carries out enforcement. It is not the same as an informal email from the landlord, a reminder from an estate agent or a letter headed “final notice”. The document should identify the tenancy, the creditor, the amount claimed, the legal basis and the consequences of non-payment.

The central rule is in Article 24 of the French law of 6 July 1989, which governs many residential leases. The current text states: “Cette clause ne produit effet que six semaines après un commandement de payer demeuré infructueux.” In English, a termination clause based on arrears cannot take effect until six weeks have passed after an unpaid formal payment command. The full provision is available in the official Article 24 of the 1989 law. Older online explanations sometimes refer to two months. For a document served under the current regime, the six-week period and the precise date of service must be checked rather than copied from an old article.

That period is not a period for ignoring the problem. It is a short opportunity to do four things at once: verify the alleged debt, make or propose payment, challenge sums that are not due, and prepare for court if the landlord continues. The six weeks run from the legally relevant service of the command, not necessarily from the date printed at the top of a letter. Keep the act, the envelope, the bailiff’s delivery record and any electronic notification. If the document was sent to an old address, delivered to the wrong person or contains inconsistent dates, ask for a legal review immediately; do not assume that an obvious-looking document is procedurally sound.

The tenant’s basic obligation is equally clear. Article 7 of the 1989 law requires the tenant “De payer le loyer et les charges récupérables aux termes convenus”. The official Article 7 text is important because the amount and due date normally come from the lease, its rent revision provisions and the recoverable-charge rules. Article 1728 of the Civil Code expresses the same principle in another form: “De payer le prix du bail aux termes convenus.” Read the official Article 1728 text alongside the lease instead of treating every line in the landlord’s spreadsheet as automatically correct.

For a British tenant, the reconciliation should be bilingual in substance even if the final letter is in French. Create a table with the contractual monthly rent, service charges, deposit, payments made, payment dates, exchange rate used by the bank, bank fees, housing benefit or direct payments, and the balance claimed. Mark every payment that left a UK account. A transfer can be missing from the landlord’s ledger because the payment reference was truncated, the recipient’s account changed, the transfer was held for compliance checks, or the amount arrived net of a bank charge. These are practical explanations, not automatic legal defences, so attach proof rather than merely describing the difficulty.

If a UK bank froze or delayed a transfer, request a written explanation and a payment trace. If a UK pension or salary was paid on a different date, show the payslip or pension statement and the date on which funds became available in France. If a currency conversion produced a shortfall, calculate the shortfall precisely and offer a method for curing it. The objective is to demonstrate that the tenant has understood the debt and has an immediate plan, while reserving any genuine dispute about charges or accounting.

Check whether the lease contains a clause résolutoire. This is a termination clause that can allow the lease to be ended for specified defaults, usually unpaid rent or charges, after the formal command has remained ineffective. It does not allow the landlord to evict privately. The clause must be read with Article 24 and with the act served by the commissaire de justice. If the lease has no applicable clause, the landlord may still ask a judge to terminate the lease for a serious breach, but the route and the arguments are not identical.

The command should also explain the amount and the tenant’s procedural options. Article 24 requires information about the amount and nature of the sums claimed, the time available to pay, the possibility of asking for payment time, and, in relevant cases, assistance through the Fonds de solidarité pour le logement, or FSL. FSL is a French departmental fund that can sometimes help with rent arrears or access to housing, subject to local conditions. A tenant should contact the departmental social services or an accredited housing adviser quickly; an application is more useful when it includes the lease, rent receipts, income evidence and a realistic repayment proposal.

The command may also trigger contact with the Commission de coordination des actions de prévention des expulsions locatives, commonly called CCAPEX. This is the French commission for coordinating the prevention of residential evictions. The rules depend on the status of the landlord and the level of arrears, but the practical lesson is consistent: an arrears file should be treated as a prevention case before it becomes an enforcement case. Replying to a CCAPEX or social worker is not an admission that every sum claimed is correct. It is a chance to put the household’s circumstances, payment plan and housing risks on the record.

There is a separate notification issue where a guarantor exists. Article 24 contains rules concerning the service of the payment command on a person who has guaranteed the lease. A British guarantor who lives in the UK should not be left to discover the case through a credit problem or a late telephone call. Give the guarantor the act and the accounting, while ensuring that any response does not create an unintended admission or waive a defence.

Do not stop paying the rent that falls due after the command if you can pay it. Put “current rent” and “arrears repayment” on separate payment references. If you cannot pay in full, pay what is realistically possible and send a written proposal with dates and amounts. Keep a reserve for urgent living costs, but do not make a plan that will fail at the first instalment. A plan supported by evidence, current payments and a clear source of future income is easier to present than a promise without figures.

Finally, remember that a demand for unpaid rent can include charges that are not recoverable, duplicated months, an incorrect rent revision, repairs improperly recharged to the tenant or an amount already covered by a deposit or benefit payment. Article 6 of the 1989 law states that the landlord must provide decent accommodation: “Le bailleur est tenu de remettre au locataire un logement décent”. The official Article 6 text also addresses the landlord’s obligation to maintain the premises and provide peaceful enjoyment. A serious repair dispute does not automatically authorise rent stoppage, but it can affect the accounting, a request for work, a counterclaim or a request for a payment schedule. Keep those issues separate and legally documented.

B. When can the landlord actually ask the court to end the lease?

The formal command is usually followed by a court stage if the arrears remain unresolved. The landlord may ask the tribunal judiciaire, through the judge responsible for protection disputes, to record or pronounce termination of the lease, order payment and authorise eviction. The tenant should read every document served after the command: an assignation is a court summons, and the hearing date is not an invitation to negotiate informally. The court will examine the lease, the amount, payment history, service of documents, the clause relied on and the tenant’s current situation.

A landlord cannot turn an arrears dispute into a private removal. Article L. 411-1 of the Code of Civil Enforcement Procedures provides that, subject to special rules, “l’expulsion d’un immeuble ou d’un lieu habité ne peut être poursuivie qu’en vertu d’une décision de justice”. The official Article L. 411-1 text also requires service of a command to vacate after the enforceable decision. This is why a text message saying that the locks will be changed tomorrow is not the same thing as a commandement de quitter les lieux, which is the formal command to leave after an enforceable title.

There is another common source of confusion: a landlord’s notice ending a lease is not the same as an arrears command. Under Article 15 of the 1989 law, a landlord’s notice must state its reason and normally respect a six-month notice period for a principal residence. The official text says, “Le délai de préavis applicable au congé est de six mois lorsqu’il émane du bailleur.” See Article 15 of the 1989 law. A notice for sale, legitimate and serious grounds, or another permitted reason has its own conditions. It should not be silently combined with a rent-arrears calculation.

If the landlord says the lease has already ended, check the chronology. Identify the lease start date, any renewal, the date and content of the landlord’s notice, the end date, the rent due before and after that date, and the date when the tenant allegedly lost the right to occupy. A termination notice can be defective, late, unsupported or served incorrectly. Conversely, a tenant cannot assume that contesting the notice suspends every rent obligation. The accounting must be reconstructed under the actual lease dates.

The British tenant’s nationality, passport and residence status are not a substitute for a defence on the rent. The court is likely to focus on the lease and the default, but immigration documents can explain why an income stream changed, why a transfer was delayed, or why a move would create an exceptional risk. Include only relevant, accurate documents. A residence permit application receipt can show that an administrative file is pending; it does not prove that all rent has been paid. A UK passport can identify the tenant; it does not by itself establish the amount of income or the cause of an arrear.

The right to housing procedure also works in the other direction. If the landlord alleges that the tenant has abandoned the home, refuses access for a legally justified inspection, or has sublet it, the tenant should answer with evidence of occupation and compliance. Utility bills, insurance, school or medical correspondence, dated photographs and ordinary household records may help, but avoid disclosing unnecessary personal information. If the home is jointly occupied, record who is named on the lease and who has legal status as an occupant.

The hearing preparation should be chronological rather than emotional. Put the lease first, then the payment ledger, then the command, then each payment or message, then the summons, followed by evidence about income, health, dependants and rehousing. Prepare a one-page calculation showing the figure accepted, the figure disputed and the proposed monthly repayment. A judge should be able to find each number without searching through a chain of emails.

If the tenant cannot attend in person, do not simply miss the hearing. Ask the lawyer or court registry about the available procedure and make the request early. A British tenant who is outside France should explain the reason, give a current address and provide a reliable telephone or email contact, but should not assume that a remote appearance is automatically granted. The safest approach is to arrange representation or obtain written procedural advice before the date on the assignation.

An irregular landlord practice should be recorded and reported, but it should not replace the urgent response to the summons. Threats, harassment, utility cut-offs, entry without permission or a lock change may support separate action. They do not make the arrears disappear, and an arrears case does not authorise a landlord to bypass the enforcement officer. Keep screenshots, call logs, photographs and witness details, and seek help if there is an immediate safety risk.

The French procedure is therefore staged. The command warns and gives a statutory period. The court decides termination, payment and possible time. An enforceable decision is served. Only then can the formal command to vacate and enforcement stages begin, subject to the protections explained below. Knowing the stage prevents a tenant from either panicking at an informal reminder or waiting too long after an act served by a commissaire de justice.

II. What deadlines and remedies protect a British tenant?

A. The commandement de quitter les lieux, the two-month period and the winter suspension

After an enforceable decision authorises eviction, the tenant may receive a commandement de quitter les lieux. This is not the same document as the initial commandement de payer. The first demands payment and can activate the lease’s termination mechanism. The second orders the occupants to leave after the landlord has obtained an enforceable basis for eviction. Confusing the two documents can lead to the wrong deadline being recorded.

Article L. 412-1 of the Code of Civil Enforcement Procedures provides the general residential rule: “elle ne peut avoir lieu qu’à l’expiration d’un délai de deux mois qui suit le commandement”. The official Article L. 412-1 text therefore normally gives two months after the command to vacate before physical eviction can occur, without prejudice to applications for additional time. The judge can reduce or remove that period in limited situations, so the exact wording of the decision and command must be reviewed.

The document should allow the tenant to understand the enforceable title, the premises concerned, the date from which the period runs and the consequences of remaining. The implementing rule in Article R. 412-1 requires the command to contain, on pain of nullity, the reproduction of the statutory provisions dealing with the period, additional time and the winter suspension. The official Article R. 412-1 text begins: “Lorsque l’expulsion porte sur un lieu habité par la personne expulsée ou par tout occupant de son chef, le commandement d’avoir à libérer les locaux contient, à peine de nullité”. A defect is not a reason to ignore the act; it is a reason to have it checked and to raise the point in the correct procedure.

The winter suspension is commonly called the trêve hivernale. It is a statutory pause in many physical eviction measures, not a cancellation of rent and not a permanent right to remain. Article L. 412-6 states that, notwithstanding an eviction decision and expiry of judicial time, “il est sursis à toute mesure d’expulsion non exécutée à la date du 1er novembre de chaque année jusqu’au 31 mars de l’année suivante”. See the official Article L. 412-6 text. The dates are 1 November to 31 March in the following year, subject to statutory exceptions.

The suspension does not stop the debt increasing. Current rent, occupancy compensation, charges and enforcement costs may remain relevant. It also does not necessarily prevent the landlord from obtaining the decision, serving a command, pursuing a payment claim or seeking steps that do not amount to physical eviction. A tenant who treats the winter period as a reason to stop communicating may arrive in April with a larger balance and no rehousing plan.

The statutory exceptions matter. The text addresses situations involving a person who entered or remained in the premises after entering by manoeuvres, threats, assault or constraint, and certain cases of unlawful occupation. A landlord cannot simply label an ordinary tenant who has fallen behind as a squatter and assume that every protection disappears. The lease, the entry into the property and the enforceable title should be identified before anyone relies on an exception.

During the two-month period, a British tenant should do more than ask for “more time”. Put forward a plan with three strands. First, preserve the home by paying current rent and a sustainable arrears amount. Second, challenge any incorrect sum or procedural defect. Third, prepare a move or a rehousing application in case the plan fails. A plan that addresses only one strand can leave the tenant exposed: paying a small amount does not necessarily stop enforcement, while searching for a new home does not resolve an incorrect calculation.

Physical enforcement is carried out by the commissaire de justice, not by the landlord, agent or a private security company. If the tenant is still present after the applicable deadlines, the officer may request the assistance of public authorities under the enforcement rules. The tenant should not obstruct the officer or hide property, but should record what happens and ask for a copy of the act. If someone attempts a lock change without the formal procedure, call the police if necessary for safety and seek urgent legal assistance; do not respond with violence or damage.

The treatment of furniture is also regulated. Article L. 433-1 provides: “Les meubles se trouvant sur les lieux sont remis, aux frais de la personne expulsée, en un lieu que celle-ci désigne.” The official Article L. 433-1 text continues with the consequences if no place is designated. Make an inventory early, arrange storage if a move becomes likely, and keep documents for valuable items. British tenants often have possessions acquired in the UK, so photographs, receipts and insurance records can help identify property if it is moved.

Do not assume that a return to the UK solves the French enforcement problem. The lease, debt and court decision may remain. Leaving without a handover can create arguments about occupation, keys, damage and continuing compensation. If leaving is the best practical option, negotiate a written surrender date, inspection, key handover, inventory and treatment of the arrears. Obtain confirmation of what is paid and what remains before relying on an oral agreement.

The winter period can be used productively. Contact the local social services, the FSL, a prevention adviser, the relevant housing information service and, where appropriate, the prefecture’s prevention channel. Ask what evidence is needed for an emergency housing application, whether a social assessment can be completed and whether a formal request for additional time should be made. Keep proof of every request. A phone call can be useful, but send a written follow-up stating the date, the person contacted and the next action promised.

B. How to ask for payment time, relocation support or challenge an irregular expulsion

French law gives the court tools to consider the tenant’s situation. Article L. 412-3 of the Code of Civil Enforcement Procedures states: “Le juge peut accorder des délais renouvelables”. The official Article L. 412-3 text allows the judge dealing with the eviction to grant renewable time in circumstances defined by the provision. The tenant should make a concrete request, not simply describe distress. State the number of months sought, the payment available each month, the expected income date, the proposed move or benefit application, and the event that will make the plan sustainable.

Article L. 412-4 sets the framework for the duration and factors to consider. It says: “La durée des délais prévus à l’article L. 412-3 ne peut, en aucun cas, être inférieure à un mois ni supérieure à un an.” The official Article L. 412-4 text also directs attention to good or bad faith, age, health, family and financial circumstances, weather, relocation efforts, access to suitable independent housing, and the expected time for relocation. The statutory range is not a guarantee. It is the reason an evidence-backed request matters.

The evidence should be tailored to those factors. A British pensioner can provide pension award letters, bank statements, medical documents where relevant and proof of an affordable future rent. A family can provide the number and age of children, school arrangements and the effect of a move. A tenant whose UK employer paid late can provide the employment contract, payslips, bank correspondence and a letter confirming the next payment. A tenant waiting for a residence permit can provide the application receipt and explain the practical impact without suggesting that the pending application erases the arrears.

There is also a payment-time mechanism in Article 1343-5 of the Civil Code. Its opening rule says: “Le juge peut, compte tenu de la situation du débiteur et en considération des besoins du créancier, reporter ou échelonner, dans la limite de deux années, le paiement des sommes dues.” Read the official Article 1343-5 text with the more specific housing provisions and the procedural stage of the case. It can help frame a request for a schedule, but it should not be used to promise a result or to overlook the special rules applicable to a residential eviction.

The request should separate three figures: the undisputed arrears, the disputed arrears and rent falling due in the future. Explain how the current rent will be paid while the old balance is reduced. If the tenant can pay £1,000 from a UK account but the landlord expects euros, state the euro amount, the transfer date and who bears conversion charges. If the payment is made in instalments, ask for a written acknowledgment and an undertaking about enforcement while the plan is observed. Do not sign a settlement written only in French without understanding the release, acceleration, costs and consequences of a missed instalment.

An incorrect debt can be challenged. Common issues include a landlord claiming a rent revision without the contractual or statutory basis, charging non-recoverable works as service charges, ignoring payments, using the wrong tenant or property, adding a former guarantor’s amount twice, or applying a deposit without explanation. Compare the demand with the lease and rent receipts. The tenant may accept part of the balance while contesting the remainder. A response can say which amount is paid without using language that accepts every other line.

The tenant should also inspect how the documents were served. Check the name and address, the identity of the recipient, the date, the method, the property, the lease reference and the statutory notices reproduced. An error may affect the deadline or the validity of an act, but only a court or appropriate procedural application can determine the consequence. Do not tell the landlord that an act is “void” as a certainty before it has been reviewed. State that the tenant reserves the right to challenge service and seeks confirmation of the legal basis.

If the premises are unsafe or not decent, use Article 6 evidence carefully. Photographs, repair requests, expert findings, health reports and messages can establish a landlord’s failure to maintain the home. The tenant should still explain why rent was withheld, how much was retained, and whether a court order or official procedure was sought. Unilateral withholding can make an arrears case harder even where the landlord has failed to repair. A safer strategy is to obtain advice, request a formal remedy, and preserve the evidence rather than allowing a repair dispute to become an unexplained total non-payment.

Relocation support is especially important for a British tenant who has no immediate French family network. Ask whether the local authority can assess the household, whether the FSL can help with the deposit or arrears, and whether an application under the French housing priority system is appropriate. Housing advisers can explain local forms and eligibility. A tenant should retain proof of applications, appointment dates, refusals, waiting lists and suitable properties contacted. Those records show diligence when the court considers how quickly alternative housing can realistically be obtained.

The application should address housing suitability rather than simply asking for any address. Explain the household size, disability or medical needs where relevant, work location, children’s schooling, access to transport and the reason a proposed property is or is not affordable. For a British tenant, add the practical issue of UK income evidence: translate key documents, identify the currency, show the conversion date and explain tax or pension deductions. A landlord’s refusal to accept UK income may be a separate issue, but it can also explain why a move cannot be completed within a short period.

The article “Can a French Landlord Increase a British Tenant’s Rent or End the Lease After Brexit?” on this site addresses the separate notice and rent-review questions. A British tenant should use it as background, not as a substitute for reviewing the act actually served. The article “Can a French Landlord Reject a British Tenant for Using UK Income or a UK Guarantor?” may also be relevant where access to a replacement tenancy is being obstructed. The existing pages should be treated as internal context; the unpaid-rent procedure has its own urgent deadlines.

When speaking to a French lawyer, send a single indexed bundle. Include the lease and amendments; identity and address; all notices; payment statements from French and UK accounts; payslips, pension or benefit evidence; correspondence with the landlord and agent; insurance; repair evidence; the household composition; the residence-permit position; current and proposed housing; and every social-services contact. Put the date and description in each filename. Do not send passwords, full card numbers or unrelated medical history. Redact information that is not needed, while leaving names, dates, amounts and transaction references readable.

A lawyer will need to know the objective. It may be to keep the current home, obtain a repayment schedule, challenge a defective act, negotiate a departure, protect a guarantor, or coordinate the French case with UK income and assets. Do not instruct five people to send different explanations to the landlord. Nominate one channel, keep a communication log and ask that any agreement be confirmed in writing.

If the tenant has already received a command to vacate, the response must be even faster. Mark the two-month date, the winter dates and any date in the enforceable decision. Ask whether a request for time should go to the judge who issued the decision or the enforcement judge, depending on the stage. Check whether a hearing is pending, whether public-authority assistance has been requested, and whether the command reproduces the required provisions. A procedural challenge is useful only if filed or raised in the correct way before the relevant deadline.

If an eviction has physically occurred, record the condition of the property and the treatment of furniture immediately. Obtain the act, inventory and storage details. Do not sign a document that states that all damage, rent or costs are accepted unless the wording has been understood. If essential medication, identity papers or work equipment are inaccessible, say so promptly and request practical arrangements. Safety and essential needs should be addressed at once even while the financial dispute continues.

For UK-side evidence, use primary records. HM Revenue and Customs letters, pension statements, employment payslips, bank transfer confirmations and official benefit decisions are more persuasive than a self-written explanation. The UK government’s guidance on State Pension payment when retiring abroad can help identify the relevant pension evidence, but the French court will still need the actual award and payment documents for the tenant. Translate the important parts, preserve the originals and explain the exchange rate used.

Do not move money or property merely to make enforcement difficult. Cross-border concealment can damage credibility and create additional legal exposure. If a British account is needed to receive pension or salary income, disclose the account’s role honestly and propose a payment route the landlord can verify. If a payment is rejected, keep the rejected transfer proof and ask for an alternative bank detail through a traceable channel.

An agreement can be better than a judgment, but it must be operational. It should identify the total balance, any waived costs, the date of each payment, the treatment of current rent, the consequence of default, the inspection and handover process, and whether enforcement is suspended while payments are made. If the tenant is leaving, it should state when keys are returned and whether the landlord accepts the end of occupation. A vague sentence such as “the tenant will pay soon” does not protect either side.

The best immediate checklist is short: preserve the act; mark the six-week, hearing, two-month and winter dates; verify the ledger; pay current rent if possible; make a realistic written proposal; collect UK and French proof; contact prevention and housing services; and obtain advice before a deadline. Brexit may make the paperwork more complicated, but it does not turn a French home into a legal vacuum. The procedure, the evidence and the tenant’s response still determine what happens next.

Conclusion

A French eviction notice for unpaid rent is a sequence of formal stages, not an instant right for a landlord to remove a British tenant. The commandement de payer creates an urgent period to audit the debt, cure or challenge it, and organise help. If the case reaches court, the tenant can present payment evidence, request time and explain the household’s genuine housing and cross-border circumstances. If a commandement de quitter les lieux is served, the two-month rule, the winter suspension and the statutory time mechanisms must be checked against the actual decision and act.

The practical priority is a documented response: current rent, a credible arrears plan, an indexed evidence bundle and prompt procedural advice. Keep French and UK documents together, explain every currency movement, and do not confuse a residence-permit question with the landlord’s duty to use lawful enforcement. A British tenant who acts early has more options to preserve the tenancy, negotiate an orderly departure or challenge an unlawful step.