Unpaid rent in France: reminders, formal notice and the landlord's remedies (letter template)

Quick answer

Unpaid rent is handled fast and in writing: a friendly reminder at the first delay, then a formal notice by registered mail (it starts legal interest running — article 1344 of the Civil Code), a copy to the guarantor if there is one, and a declaration to your rent-default insurance or to the CAF if the tenant receives housing benefit. Without regularisation, the order to pay served by a bailiff activates the termination clause (a 6-week deadline), before the protection litigation judge. You have 3 years to claim the debt — but every month counts. No late penalty can ever be billed to the tenant.

1. React at the first delay

• Day 5 to 10: a phone reminder backed by a simple letter — many arrears are one-off accidents (changed bank details, failed transfer).
• Offer a written payment plan if the difficulty is temporary: a signed agreement beats litigation.
• Useful number: "SOS loyers impayés" (0805 16 00 75) advises landlords and tenants free of charge.

Partial arrears deserve the same treatment as total ones: do not let a permanent "small balance" settle in.

2. The formal notice, the file's pivot

Sent by registered mail with proof of receipt, it:

• fixes the date of the demand and starts legal interest (article 1344 of the Civil Code);
• proves your diligence to the insurer, the CAF and the judge;
• is copied to the guarantor, who is put on notice too.

State the debt in detail (months, amounts, charges), the deadline to regularise (8 to 15 days) and the next step failing payment.

3. Formal notice template for rent arrears

Subject: Formal notice — unpaid rent, dwelling at [address]

Dear Sir or Madam,

Despite my reminder of [date], the following rent and charges remain unpaid: [detail — months, amounts], a total debt of €[amount] as of [date].

In accordance with article 1344 of the Civil Code, I hereby give you formal notice to pay this sum within [8/15] days of receipt of this letter. Interest at the legal rate runs from today.

Failing payment or an agreed schedule within this period, I will call on your guarantor, declare the arrears to the relevant bodies and have an order to pay served under the lease's termination clause, with all legal consequences (termination, eviction, recovery).

I remain available to agree an amicable solution.

Yours faithfully,

[Date — Signature]

For a dated, enforceable formal notice, MaisonMail can print and dispatch your letter through an available registered service. Origin market, delivery times, tracking and the proof-of-receipt slip are confirmed before payment. See also: writing a formal notice.

4. Guarantor, insurance, CAF: pull every lever

• Guarantor: formal notice by registered mail to the guarantor, who must pay in the tenant's place; for Visale, declare online within the scheme's deadlines.
• Rent-default insurance (GLI): declare the claim within the contract's deadline (often capped at 2–3 months of arrears) — a late declaration can cut the payout.
• CAF / MSA: if the tenant receives housing benefit, reporting the arrears is mandatory; the benefit can be maintained and paid directly to the landlord during the repayment plan.

5. Proceedings: order to pay, then the judge

1. Order to pay served by a bailiff under the termination clause: the tenant has 6 weeks to pay.
2. Failing that, summons before the protection litigation judge: termination declared, eviction, judgment for the debt; the judge may grant a good-faith tenant deadlines.
3. For the debt alone (tenant gone), the payment injunction is a fast, cheap route.
4. The security deposit is set off at the end of the lease — not during it.

6. Common mistakes

• Waiting three months before the first letter: the debt becomes unrecoverable.
• Billing penalties or reminder fees: prohibited.
• Neglecting the guarantor or the insurer's declaration deadline.
• Taking justice into your own hands (changing locks, cutting water): a criminal offence.
• Staying oral: without a formal notice, no interest and no proof of diligence.

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In short: remind immediately, serve a formal notice by registered mail with a copy to the guarantor, declare to the insurer or the CAF, then move to the order to pay (6 weeks) and the judge if needed. Three years to act, no penalties possible — and a written file at every step.