Formal notice to pay rent in France: deadline and effects

The commandement de payer (formal notice to pay) gives the tenant six weeks to pay the debt. Without payment within that time, the termination clause in the lease takes effect, and the landlord can ask the judge to record that the lease has ended. A lease in progress on 29 July 2023 whose clause provides for two months keeps those two months.

Key points

Six weeks — Since 29 July 2023. Two months before that.
Six required statements — Each one is required “on pain of nullity”.
The guarantor within fifteen days — Otherwise, the guarantor owes neither penalties nor late interest.
A report — Above a certain level of unpaid rent, the commissaire de justice (bailiff) informs the département committee.

My lease dates from before 2023: six weeks or two months?§

Until 29 July 2023, the law set two months. A lease signed before that date may therefore provide for two months in its termination clause.

The opinion says nothing about a lease renewed or tacitly renewed since then: the question is not addressed in it.

What must the notice contain?§

Six statements, “on pain of nullity”:

the six-week period the tenant has to pay the debt;
the monthly amount of rent and charges;
the breakdown of the debt;
the warning that, without payment or a request for more time, the tenant faces proceedings to terminate the lease and evict them;
the option of applying to the département’s housing solidarity fund (FSL), with its address;
the option of asking the judge for a grace period at any time.

Notice served on 2 November: the timeline§

Lease signed in 2025, six-week termination clause, debt backed by a guarantor

2 Nov. 2026
The formal notice to pay is served on the tenant.
17 Nov. 2026
Last day to serve it on the guarantor. After that, the guarantor owes neither penalties nor late interest.
14 Dec. 2026
End of the six weeks. Debt not paid: the termination clause takes effect.
Then
Summons before the judge, notified to the prefect at least six weeks before the hearing.

These steps remain possible during the winter truce: only the eviction itself waits until 1 April.

Winter truce: what is suspended for the landlord

A partial payment during the deadline?

A payment below the month’s rent and charges calls for a receipt, issued by the template. Free, no sign-up.

Issue a receipt

Who is reported, and to whom?§

For a landlord who is a private individual or a family SCI, the commissaire de justice reports the notice to the eviction-prevention committee (CCAPEX) in two cases: rent unpaid without interruption for two months, or a debt equal to two months of rent excluding charges.

A landlord that is a company, other than a family SCI, cannot issue a summons until two months after referring the matter to this committee.

Can the judge suspend the termination?§

Yes, on two conditions: the tenant is able to pay the debt, and has resumed paying the full rent before the hearing. The judge can then grant up to three years to pay and suspend the termination clause during that time.

If the debt is paid as the judge set out, the clause is deemed never to have applied. At the first new unpaid rent, it takes full effect again.

General information on French law, up to date as of 28 October 2026. This is not legal advice: for a specific situation, a lawyer, a commissaire de justice (bailiff) or the ADIL of your département (free consultation) can answer you.

Legal texts and sources (3)