My Tenant Isn’t Paying Rent: What Should I Do?

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Discovering that your tenant has stopped paying rent is an immediate source of stress for any property owner.

Should you prioritize communication or initiate legal proceedings? Who should you contact, in what order, and within what timeframe?

In this article, our family-run real estate agency in Nice guides you step by step — from friendly reminders to legal eviction — explaining available remedies and best practices to prevent this type of dispute.

Key takeaways

• Act quickly after the first missed payment with friendly reminders and a formal notice sent by registered mail.
• Contact a judicial officer (commissaire de justice) to issue a payment order if the situation persists.
• Starting legal proceedings can lead to lease termination, tenant eviction, and recovery of unpaid rent.
• Respect the winter eviction moratorium (trêve hivernale), during which no evictions may be carried out.
• Prevent risks in advance with careful tenant screening, a termination clause, unpaid rent insurance, and professional management.

Act fast after the first missed payment: the amicable phase

As soon as the first rent payment is missed, you must act quickly and methodically.

Early intervention often helps defuse the situation before it escalates.

The amicable phase aims to open a dialogue with your tenant, understand the reason for non-payment, and find a solution without going to court.

Contact the tenant immediately

A simple oversight or temporary difficulty can cause a late payment. Your first step should be to call the tenant, send an email, or follow up with a simple letter stating the amount due and the due date. Keep the communication polite and open.

Winter Immobilier tip: Always keep a record of every exchange. If legal proceedings are later required, these documents will be key evidence in your case.

Send a formal notice by registered mail

If there is no response or payment after your initial reminder, send a formal notice (mise en demeure) by registered letter with acknowledgment of receipt. This letter should clearly state:

• the exact amount of rent and charges owed,
• the deadline for payment (usually 15 days),
• the possible consequences if payment is not made.

This step is mandatory before any formal legal action.

Contact the guarantor or unpaid rent insurance (GLI)

If your tenant has a guarantor, you are entitled to request payment from the guarantor. If you have unpaid rent insurance (GLI), contact your insurer promptly to declare the incident according to your policy terms.

Good to know: Winter Immobilier offers a comprehensive GLI policy that covers unpaid rent, legal fees, and potential property damage.

Report unpaid rent to the CAF (for tenants receiving housing benefits)

If your tenant receives housing assistance (APL, ALF, or ALS), you must inform the CAF (or MSA) as soon as there are two consecutive months of unpaid rent.

This notification, sent by registered mail, may allow a repayment plan to be arranged.

Important: Failure to report unpaid rent to the CAF can result in a fine of more than €7,000 for the landlord.

Moving to legal action: lease termination and eviction

If amicable attempts fail and rent remains unpaid, court action becomes necessary. This process is strictly regulated by French law and must be carried out carefully while respecting the tenant’s rights.

Here are the main steps to follow:

• Have a payment order delivered by a judicial officer: if your lease includes a termination clause, this step is required. The tenant then has a legal period of six weeks to pay the debt.
• File a case with the Judge for the Protection of Litigation (JCP): if payment is not made within the given timeframe, you can take the case to court. The judge may terminate the lease, order eviction, determine the amount owed, or grant payment extensions.
• Obtain an eviction notice: after the court’s ruling, if eviction is ordered, the judicial officer serves the tenant with an official notice to vacate. A two-month grace period is often granted.
• Respect the winter moratorium: from November 1 to March 31, all evictions are suspended. However, legal proceedings can still continue during this period.
• Never attempt to evict the tenant yourself: only a judicial officer is authorized to enforce eviction. Any personal intervention (changing locks, entering the property) is strictly prohibited and punishable by law.

Protect yourself in advance: best practices for prevention

Preventing unpaid rent starts well before signing the lease.

As a landlord, a few precautions can make all the difference:

• Verify the tenant’s reliability: steady income, stable job, trustworthy guarantor, or eligibility for rental insurance.
• Include a termination clause in the lease: required since July 2023 to facilitate lease cancellation in case of unpaid rent.
• Take out unpaid rent insurance (GLI): it covers unpaid rent, legal expenses, and sometimes damage to the property.
• Formalize all documents properly: lease, inventory, payment terms... a complete file protects you in case of dispute.
• Hire a local professional: at Winter Immobilier, our dedicated team provides strict oversight and quick action against unpaid rent for property owners in Nice, seven days a week.

Agency advice: prevention is better than cure. These best practices protect your rental income and long-term profitability.

Are you a property owner in Nice and your tenant has stopped paying rent? Between amicable action, legal procedures, and preventive measures, every step matters to protect your property and ensure profitability.

At Winter Immobilier, we provide comprehensive, personalized support to secure your rental in Nice.

Contact our team today to get assistance or discover our full-service property management in Nice!