Can I evict a tenant myself over unpaid rent?

No. Eviction without a court decision is strictly forbidden and criminally punishable. Only a judge can order it, and it is carried out by a commissaire de justice.

How soon should I act over unpaid rent?

From the first late payment for an amicable reminder. If nothing moves within a few weeks, trigger the notice to pay then the commandement de payer: the earlier you act, the more manageable the debt stays.

Is the VISALE guarantee free?

Yes, VISALE is a free Action Logement scheme that acts as surety for the eligible tenant and reimburses unpaid rent to the landlord, within the set limits.

Unpaid rent: what to do? Procedure, remedies and prevention

Updated on July 6, 2026 · 8 min read

Unpaid rent is a private landlord’s biggest fear. Acting fast and methodically changes everything: the longer you wait, the bigger the debt and the longer the procedure. Here are the steps, from amicable reminders to court action, and the guarantees that prevent the risk upfront.

React at the first late payment

As soon as rent is not paid on the due date, contact the tenant without delay: a simple oversight or a temporary difficulty is often settled amicably. A dated written reminder (email, SMS) starts the trail of evidence.

If the delay persists, send a formal reminder then a notice to pay by registered letter with acknowledgement of receipt, stating the sum due and a deadline to pay. Keep every exchange: it will serve in any procedure.

The commandement de payer

Failing settlement, the landlord has a commissaire de justice (judicial officer / bailiff, formerly huissier) serve a commandement de payer (formal notice to pay) invoking the lease’s clause résolutoire (termination clause). The tenant then has six weeks to pay.

Once that deadline passes without payment, the clause résolutoire can be enforced: the landlord asks the protection litigation judge to order termination of the lease and eviction.

The court summons and the trêve hivernale

The summons is brought before the civil court. The judge may grant a good-faith tenant staggered payment terms; if these are not met, termination resumes its course.

Once ordered, an eviction cannot be carried out during the trêve hivernale (winter eviction truce, generally 1 November to 31 March). Hence the importance of starting the procedure as early as possible.

Prevent rather than endure: guarantor, GLI, VISALE

The best defence remains prevention. A solid application at move-in strongly reduces the risk:

a guarantor (joint and several surety) whose solvency has been checked;
unpaid-rent insurance (GLI), which compensates the landlord in the event of default;
Action Logement’s VISALE guarantee, free of charge, which covers unpaid rent for many eligible tenants;
rigorous payment tracking to spot a delay from day one.

Frequently asked questions

Can I evict a tenant myself over unpaid rent?: No. Eviction without a court decision is strictly forbidden and criminally punishable. Only a judge can order it, and it is carried out by a commissaire de justice.
How soon should I act over unpaid rent?: From the first late payment for an amicable reminder. If nothing moves within a few weeks, trigger the notice to pay then the commandement de payer: the earlier you act, the more manageable the debt stays.
Is the VISALE guarantee free?: Yes, VISALE is a free Action Logement scheme that acts as surety for the eligible tenant and reimburses unpaid rent to the landlord, within the set limits.