Eviction lawyer Paris: formal demand, hearing and enforcement.

In practice, an eviction procedure in Paris takes between 12 and 18 months from the first unpaid rent to physical eviction, but this period can be considerably extended by an application for time to pay, by the winter eviction moratorium, by challenges or by difficulties in obtaining police assistance. A standard procedure follows this timetable: formal demand to pay served in month 1 or 2, statutory period expiring in month 3 or 4, writ of summons before the court in month 4 or 5, hearing before the protection litigation judge in month 6 to 9 depending on listing times, judgment of termination, service of the order to vacate the premises in month 9 or 10, expiry of the 2-month period in month 11 or 12, request to the prefect for police assistance and physical eviction in month 12 to 18. In its judgment of 12 October 2023, the Court of Cassation held that the postponement of the effects of termination clauses provided for by Article 4 of Ordinance No. 2020-306 of 25 March 2020 applies only where the two-month period given to the tenant to clear the debt expires during the legally protected period between 12 March and 23 June 2020.

The formal demand to pay is the document that triggers the eviction procedure. For the tenant, three steps are needed. First, read the demand in full and check the details it must contain: period of 2 months or 6 weeks depending on the date of the lease, detailed statement of account, reference to the termination clause, capacity of the signatory. A missing or erroneous entry can lead to nullity. Second, calculate the exact period for clearing the debt. Any sum paid within this period paralyses the termination clause. Third, contact a lawyer within the week to assess the room for defence: time to pay under Article 24, V of the 1989 Act, challenge to the statement of account, over-indebtedness application, disturbance of quiet enjoyment. The firm offers an analysis of the demand within 24 to 48 hours on the basis of the lease and the statement of account. Once the period has expired, the landlord may bring the matter before the court and obtain a declaration that the lease is terminated.

No. No eviction of a tenant can take place without an enforceable title. A landlord who changes the locks, removes the furniture, cuts off the electricity or prevents access to the home commits an unlawful act of self-help (voie de fait), penalised by the courts and capable of constituting the offence of violation of domicile provided for by Article 226-4 of the Criminal Code. The landlord must obtain a judgment recording the termination of the lease, have an order to vacate the premises served, wait for the statutory period to expire, and then request police assistance from the prefect. The Court of Cassation ruled on 19 May 2010 that notification of the order to the prefect is a mandatory formality, which the enforcement judge must check when it is challenged. Any haste exposes the landlord to a judgment for unlawful self-help, to damages, and to a considerable delay in the procedure.

The winter eviction moratorium, provided for by Article L. 412-6 of the Code of Civil Enforcement Procedures, suspends evictions from 1 November to 31 March of the following year. During this period, police assistance cannot be granted, and the commissaire de justice cannot carry out an eviction. The moratorium benefits in principle all tenants of a dwelling, whether under a classic residential lease, a flat-share or social housing. Several exceptions exist: occupants who entered by self-help, premises subject to a danger order, rehousing ensured under decent conditions by the landlord or by the public authorities. The moratorium does not suspend the court procedure or service of the order to vacate the premises: only physical eviction is deferred. During this period, the tenant remains liable for the occupation indemnity, equivalent to the rent and service charges. The landlord can therefore continue to accumulate claims which can be recovered once the eviction has been carried out.

Yes. Article 24, V of the Act of 6 July 1989 allows the protection litigation judge to grant the tenant time to pay, which may reach 36 months where the financial and personal situation justifies it. While the payment schedule is being performed, the termination clause is suspended: if the tenant complies with the plan, the lease is preserved. The request may be made at the hearing or by written submissions. It requires proof of income, CAF certificates, an over-indebtedness file where applicable and a credible payment proposal. The Court of Cassation ruled on 22 October 2020, in a case concerning a commercial lease, that where an urgent-application order has suspended the effects of a termination clause by granting the tenant time to pay and has become final, the landlord can no longer, if the tenant fails to comply with the payment periods, unilaterally seek enforcement of the terminated lease, in the absence of a contrary ruling on the merits. The procedure is therefore strictly regulated, which protects the tenant who complies with the plan.

The hearing before the protection litigation judge at the Paris judicial court (tribunal judiciaire) takes place in several phases. The landlord sets out the situation: lease, formal demand to pay, statement of the debt, application for the termination clause to be recorded, application for eviction, application for an occupation indemnity. The tenant or their lawyer replies: challenge to the statement of account, application for time to pay, challenge to the regularity of the formal demand, possible reference to disturbance of quiet enjoyment or to an over-indebtedness file. The judge questions the parties on the tenant's personal and financial situation, on payment efforts, on the cause of the debt. The decision may be delivered immediately or reserved. The judgment will record the termination and order eviction, or grant time to pay and suspend the termination clause. Preparation is decisive: a complete file and precise submissions greatly increase the chances. The tenant's absence generally leads to a judgment deemed adversarial (réputé contradictoire) which orders eviction.

Yes, as a general rule. The judgment that records the termination of the lease and orders eviction orders the tenant to pay the costs (dépens), that is, the costs of the procedure. The formal demand to pay, the order to vacate the premises, police assistance, the locksmith and any furniture storage are in principle at the tenant's expense. The landlord may also obtain an indemnity under Article 700 of the Code of Civil Procedure for their legal fees. Finally, the landlord can claim rent arrears and the occupation indemnity until the premises are vacated. In practice, actual recovery depends on the tenant's solvency. If the tenant is insolvent, the costs will remain with the landlord, even if the enforceable title formally places them on the tenant. This economic reality leads the firm to assess solvency in advance and sometimes to propose a payment protocol rather than a costly eviction procedure.

Yes, but with adjustments. The presence of minor children does not prevent eviction, which remains possible if the procedure is regular and the debt is established. That said, the judge has considerable latitude to grant time: time to pay under Article 24, V of the 1989 Act, eviction periods under Articles L. 412-3 and L. 412-4 of the Code of Civil Enforcement Procedures. The judge takes into account the tenant's efforts, the situation of the children, the absence of a rehousing solution, and the steps taken with the social services. The presence of children often justifies the grant of enforcement periods of up to 3 years, in exceptional situations. The winter eviction moratorium also offers additional protection of 5 months. On the landlord's side, the procedure remains available, but the timetable must be adapted. On the tenant's side, the presence of children justifies an active defence and the mobilisation of housing benefits.

The landlord can refuse an amicable payment plan, but the judge can impose time to pay against the landlord's wishes under Article 24, V of the 1989 Act. The logic of Article 24, V is protective: even if the landlord does not consent to a payment schedule, the judge may grant time to pay of up to 36 months where the tenant's financial situation justifies it. While the plan is being performed, the termination clause is suspended. If the tenant complies with the schedule, the lease is preserved. If the tenant fails, the landlord may have the termination recorded by the judge. In practice, the landlord therefore has an interest in accepting a reasonable proposal rather than risking an imposed court plan, which may be longer and more disadvantageous. The firm assesses case by case whether a protocol signed by the parties is advisable, which offers the advantage of legal certainty and avoids a hearing.

Several routes exist. At the stage of the formal demand to pay, the tenant can raise nullity as a plea before the protection litigation judge, relying on the mandatory mentions of Article 24 of the 1989 Act. At the stage of judgment, appeal remains open within one month of service, unless the judgment is given at last instance. At the stage of the order to vacate the premises, the tenant can apply to the enforcement judge, in particular to establish the absence of notification to the prefect, a mandatory check laid down by the Court of Cassation on 19 May 2010. At the stage of enforcement, the tenant can request eviction periods under Articles L. 412-3 and L. 412-4 of the Code of Civil Enforcement Procedures. Any irregularity, even an apparently formal one, can suspend the procedure and gain several months. The defence requires a rigorous reading of the served documents and of the time limits.

The order to vacate the premises is the document that triggers the enforcement phase after judgment. The tenant has a period of 2 months from service to leave the home voluntarily or to apply to the enforcement judge. Several actions are possible. First, request eviction periods under Article L. 412-3 of the Code of Civil Enforcement Procedures, which may grant a stay of 3 months to 3 years depending on the personal situation. Second, challenge the regularity of the order, in particular where there was no notification to the prefect, a mandatory notification which the enforcement judge must check. Third, benefit from the winter eviction moratorium from 1 November to 31 March, which suspends eviction. Fourth, mobilise the social services, the CAF and the social landlord to look for a rehousing solution. The 2-month period is an opportunity not to be wasted: once it has passed, physical eviction can be requested from the prefect.

The commissaire de justice can carry out the eviction without police assistance only if the tenant leaves the premises voluntarily or is absent and the commissaire de justice records that the home has been abandoned. If the tenant remains in the premises and refuses to leave, the commissaire de justice cannot evict them by force: a report of the attempted eviction must be drawn up and police assistance requested from the prefect. The request must detail the occupant's family and financial situation. The prefect has a period in which to reply. In the event of refusal or prolonged silence, the landlord can engage the liability of the State under Article L. 153-1 of the Code of Civil Enforcement Procedures, and obtain compensation for the losses linked to the delay. The procedure is slow, but it protects the tenant against unlawful evictions while ultimately guaranteeing the landlord that the premises will be vacated.

After a regular eviction, the tenant cannot return to occupy the premises: the right of occupation has been extinguished by the judgment of termination and the order to vacate the premises. Any return would amount to self-help, and the landlord could obtain a new eviction judgment by urgent application (référé) or refer the matter to the criminal court for violation of domicile. The tenant can, however, recover personal belongings under the prescribed procedure: the commissaire de justice draws up an inventory of the furniture left on the premises, which is kept on site, placed in storage at the tenant's expense, or sold at auction if the tenant does not collect it within the statutory period. The tenant also retains rights over the security deposit, after deduction of sums owed to the landlord. The end of the eviction procedure does not mean the end of the dispute: recovery of rent arrears and of the occupation indemnity continues, sometimes for several years.