Faced with the threat of eviction or over-indebtedness, the mechanisms for protecting debtors are complex but effective. Far from being a foregone conclusion, tenant eviction proceedings are a regulated legal process, during which tenants have rights and levers to defend themselves. Understanding these procedures is the first step in safeguarding your right to housing. The assistance of a expert lawyer in enforcement law and overindebtedness is often essential to activate them and build an appropriate defence strategy. This article details the legal protection available to you, from procedural deadlines to assistance with rent payments, right through to debt discharge or cancellation.
Understanding the legal framework for rental eviction
Evicting a tenant from their home is a serious measure that can only be carried out following a rigorous legal procedure. The aim is to reconcile the landlord's right to property with the tenant's right to housing. The procedure is strictly governed by the Code of Civil Enforcement Procedures, which sets out the substantive and formal conditions that landlords must meet before they can reclaim their property.
The basis and procedure for eviction
No eviction can be carried out without a prior court order. This procedure begins with the service of documents by a court commissioner, but it is based above all on the need for a writ of executionThis is the legal basis for any compulsory enforcement measure. This is most often a judgement terminating the lease and ordering eviction, or a conciliation report signed before a judge. Once this has been obtained, a court commissioner serves the tenant with a summons to vacate the premises. This act marks the start of a legal period of two months during which eviction cannot take place without the assistance of the police.
Protection of the home and limits on eviction (anti-squatting law)
The concept of home is legally protected, whether it is a principal residence or not. However, legislation has recently changed to speed up proceedings against occupiers without right or title, notably with Law no. 2023-668 of 27 July 2023, known as the "anti-squatting law". This law increases the criminal penalties for trespassing and makes it easier to evict "squatters", i.e. people who have entered the premises by deception, threats, assault or coercion. For squatters, the protective time limits have been reduced: the two-month time limit after the order to vacate the premises does not apply, and the benefit of the winter truce can be withdrawn by decision of the judge. However, these provisions do not apply to tenants in good faith whose leases have been terminated.
Levers for preventing and protecting debtors from eviction
Before eviction actually takes place, the law provides a number of mechanisms that enable tenants in difficulty to suspend or delay the eviction process. These tools, whether legal or judicial, are designed to give tenants time to find alternative accommodation or pay off their rental debt.
Legal and judicial deadlines for deferring eviction
The first line of defence is the statutory two-month period running from the date of service of the notice to vacate. The tenant can then apply to the enforcement judge for a period of grace. Under art. L. 412-3 of the Code des procédures civiles d'exécution, the judge may grant renewable payment periods of between three months and three years, if the tenant cannot be rehoused under normal conditions. The main remedies include the granting of periods of grace by the JEX for situations of exceptional hardship, pursuant to art. L. 412-2 of the same code, represents a major lever, the conditions and scope of which are defined by case law. Lastly, the "winter truce", which runs from 1 November to 31 March of the following year, suspends all eviction measures unless the family is rehoused in decent conditions, for example through housing assistance.
The role of social organisations and eviction prevention commissions (ccapex)
In addition to legal action, there are social measures in place to prevent evictions. The Commissions de Coordination des Actions de Prévention des Expulsions Locatives (CCAPEX) play a central role in each département. Referred to by the prefect at the start of the procedure, they carry out a social and financial assessment of the tenant's situation. They can mobilise financial assistance, such as that provided by the Fonds de Solidarité pour le Logement (FSL), to help settle outstanding rent payments. They can also refer you to other organisations such as ADIL, CAF or MSA for personalised housing assistance. The aim is to find an amicable solution, such as a debt repayment plan, to avoid termination of the lease and eviction.
Over-indebtedness as a shield against eviction
Beyond the grace period, even if a resolutory clause in the lease has been activated, the concept of excessive personal debt offers a comprehensive and powerful protection mechanism, capable of suspending all legal proceedings, including eviction. It is a collective procedure designed for individuals acting in good faith who are clearly no longer able to meet all their non-business debts.
Initiation of over-indebtedness proceedings and their protective effects
Filing an over-indebtedness application with the relevant departmental commission is a crucial step. If the case is deemed admissible, this decision automatically results in the suspension and prohibition of all enforcement procedures for a maximum period of two years. This includes the suspension of eviction proceedings against the main dwelling. In addition, once the case has been accepted, the debtor is prohibited from paying any previous debts (excluding maintenance debts), which helps to stabilise his or her financial situation. In urgent cases, it is even possible to ask the judge, on referral from the commission, to suspend the eviction measures even before the decision on admissibility. This urgent application is an essential step towards protecting housing.
Recovery plans and personal recovery
The outcome of the over-indebtedness procedure varies according to the seriousness of the situation. If recovery is possible, the commission will draw up a conventional recovery plan, which may include deferrals, rescheduling or even debt write-offs. If the debtor's situation is deemed to be "irremediably compromised", i.e. no plan can be envisaged, a personal recovery procedure may be set up. This procedure, with or without a court-ordered liquidation of the debtor's assets, leads to a total write-off of debts, including rent and service charge debts. This is a real "second chance" that allows the debtor to start again on a sound financial footing.
Combining over-indebtedness and protection of living expenses
One of the cardinal principles of the over-indebtedness procedure is to ensure that the debtor and his family have a decent amount of money left over to live on. Repayment plans are calculated so as to leave the household with the resources it needs for its day-to-day expenses (housing, food, health, etc.). The proportion of income allocated to debt repayment is determined by reference to the percentage of wages that can be seized, but is adjusted so that the amount left available to the household is never less than the flat-rate RSA. This approach, which is central to the fight against exclusion, ensures that debt is not dealt with at the expense of the debtor's dignity and essential needs.
Protection of the seized debtor's assets and income: beyond eviction
The protection of debtors is not limited to their home; it is also part of the general framework of civil enforcement procedures which defines precisely which assets and income can be seized. The law makes a clear distinction between assets that can be seized and those deemed essential to the debtor's life and work.
Unseizable movable and immovable property
The Code of Civil Enforcement Procedures sets out a list of movable assets that may not be seized. These are items necessary for the life and work of the debtor and his family: clothing, bedding, heating appliances, tables and chairs, children's items, work tools, etc. The aim of this protection is to preserve a minimum standard of living and not to deprive the debtor of his or her means of subsistence. Fundamental protection concernsunseizability of the principal residence of the sole trader, although this shield can be lifted as part of a complex property seizure procedure, which can be of great value to the owner.
Income exempt from seizure: wages, social security benefits and bank accounts
Some incomes are fully or partially protected. The attachment of earnings is strictly governed by the French Employment Code, which sets precise scales and a percentage that cannot be seized in order to maintain a minimum standard of living. Many social benefits are also declared completely exempt from seizure, such as the Revenu de Solidarité Active (RSA) or the Allocation aux Adultes Handicapés (AAH). In addition, when a bank account is seized, a sum equivalent to the amount of the RSA for a single person, known as the Solde Bancaire Insaisissable (SBI), must be left available for the debtor. The procedure for seizing wages and salaries was recently reformed to make it less judicial and to entrust it to judicial commissioners from 1 July 2025, while maintaining the right to appeal to the courts.
The crucial role of the enforcement judge (jex) in protecting the debtor
The juge de l'exécution (JEX), sometimes referred to as the juge des contentieux de la protection (JCP) for certain matters, is the guarantor of the debtor's rights throughout seizure procedures. It is this judge who is responsible for settling all difficulties relating to enforceable titles and disputes that arise during the enforcement process, for example during a court hearing. His powers are extensive: he can grant periods of grace, order the release of a measure deemed abusive or unnecessary, and rule on the validity of procedural documents. The JEX ensures that enforcement does not exceed what is necessary to obtain payment of the obligation, thus ensuring fair proportionality between the rights of the creditor and the protection of the debtor.
Navigating between eviction, seizure and over-indebtedness procedures requires specialised expertise. If you find yourself in this situation, our firm, expert lawyer in enforcement law and overindebtednesscan help you defend your rights and your home.
Sources
- Code of civil enforcement procedures
- Consumer Code
- Civil Code
- Code of judicial organisation
- Law no. 2023-668 of 27 July 2023 to protect housing against illegal occupation
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