Commandement de payer: deadline, content and cost
Six weeks to pay, mandatory wording, the commissaire de justice's fee, the guarantor and the CCAPEX report: the French formal demand for unpaid rent, step by step.
Kivlo · Updated November 9, 2026 · Sources checked November 9, 2026 · 4 min read
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A commandement de payer is a formal demand for unpaid rent and charges, served on the tenant by a commissaire de justice (a court officer, formerly called huissier). It gives the tenant six weeks to pay. If the debt is still unpaid after that, the lease's termination clause can take effect and the landlord can ask the judge to confirm that the lease has ended. The rules are in article 24 of the law of 6 July 1989, which governs residential leases in France.
This guide is part of our series Unpaid rent in France: what to do, step by step.
What the commandement de payer is for
Every French residential lease contains a clause résolutoire: a termination clause that ends the lease automatically if rent or charges go unpaid. It never works on its own. It only takes effect six weeks after a commandement de payer that went unanswered, meaning the debt was not paid in full.
The commandement is therefore the gateway to the court procedure. A friendly reminder or a formal notice (mise en demeure) by registered letter does not replace it: those prove you claimed what you are owed, but they do not start the clause's delay. The clause itself is explained in When does a French lease termination clause apply?. For the formal notice that comes first, see our formal notice template for unpaid rent.
Lease signed before 29 July 2023
A law of 27 July 2023 cut the delay from two months to six weeks. In an opinion of 13 June 2024, the French supreme court (Cour de cassation) held that leases in force on 29 July 2023 keep the delay in their clause (often two months). It did not rule on a lease tacitly renewed after that date: ask the commissaire de justice which delay they apply.
What it must contain
Article 24 lists six mandatory statements. Leaving one out makes the act void, and the procedure starts again.
| Mandatory statement | Why |
|---|---|
| The six-week delay to pay the debt | The tenant must know how long they have |
| The monthly rent and charges | To put the debt in context |
| A statement of the debt | What remains owed, month by month |
| A warning that without payment or a request for time, the tenant faces a court procedure to end the lease and evict them | The stakes must be clear |
| The tenant may apply to the department's housing solidarity fund (FSL), with its address | Financial help exists |
| The tenant may ask the judge at any time for time to pay (article 1343-5 of the Civil Code) | The tenant can obtain delays |
The commissaire de justice drafts the act. Your part: give them the lease, an exact statement of the debt, and the guarantor's details if there is one.
The guarantor: within fifteen days
If someone stood as guarantor (caution), the commandement must be served on them within fifteen days of being served on the tenant. Otherwise the guarantor cannot be held liable for penalties or late interest. They still owe the debt itself, but you lose those extras.
The CCAPEX report
The CCAPEX is each department's committee for preventing evictions. When the landlord is an individual or a family SCI (a property company formed only between relatives), the commissaire de justice reports the commandement to it if the rent has been unpaid for two months without interruption, or if the debt equals twice the monthly rent excluding charges. A social and financial assessment of the tenant follows. There is nothing for you to do: the commissaire de justice handles it.
What it costs
The commissaire de justice's fees are regulated. For a debt above €1,280, Service-Public's page on these fees (checked by Service-Public on 9 March 2026) gives:
| Act | Fee incl. VAT |
|---|---|
| Commandement de payer for rent and charges | €55.96 |
| Notice to the guarantor and demand for payment | €72.19 |
| Report of the commandement to the CCAPEX | €28.05 |
These amounts exclude the fee for starting enforcement (droit d'engagement des poursuites) and travel costs, which come on top. The court registry can check the bill for free.
Worked example
Rent of €700 plus €50 of charges, so €750 a month. The tenant did not pay February, March and April 2027: the debt is 3 × €750 = €2,250.
| Step | Date |
|---|---|
| Commandement served on the tenant | 15 April 2027 |
| Last day to serve it on the guarantor | 30 April 2027 |
| End of the six-week delay | 27 May 2027 |
| If the debt is still unpaid: court summons possible | from 28 May 2027 |
The debt is more than twice the rent excluding charges (€1,400) and has run for over two months, so the commissaire de justice reports the commandement to the CCAPEX. The debt is above €1,280, so the commandement is billed at the top bracket.
After the six weeks
Three outcomes:
- The tenant has paid everything: the termination clause does not take effect and the lease continues.
- You agree on a repayment plan: put it in writing and both sign it.
- The debt is still owed: you can have the tenant summoned before the juge des contentieux de la protection (the local court judge for housing disputes), who confirms the lease has ended and orders the eviction. The summons must be notified to the prefect six weeks before the hearing.
Service-Public states that an attempt at conciliation is required before going to court when the debt is €5,000 or less (article 750-1 of the Code of Civil Procedure, which lists exceptions). At the hearing, the judge may give the tenant up to three years to pay. What follows, from judgment to eviction, is in Evicting a tenant in France: steps and real timelines.
Have your own case checked
This is not advice for a personal case. Before ordering a commandement, have your file checked by a commissaire de justice or a French lawyer, or by the local ADIL (Agence départementale d'information sur le logement), which gives free housing advice to landlords and tenants.
Sources
- Article 24 of law no. 89-462 of 6 July 1989 (Légifrance, in French)
- Cour de cassation, 3rd civil chamber, opinion of 13 June 2024, no. 24-70.002 (Légifrance, in French)
- Article 1343-5 of the Civil Code, time to pay (Légifrance, in French)
- Article 750-1 of the Code of Civil Procedure, prior conciliation (Légifrance, in French)
- Unpaid rent and eviction of the tenant, Service-Public (in French)
- Commissaire de justice fees in a rental dispute, Service-Public (in French)
Last checked on 9 November 2026
Reach the commandement with a clean file
Kivlo does not serve a commandement de payer: that is the commissaire de justice's job. From the Pro+ plan, Kivlo sends the friendly reminder, then the formal notice, by e-mail or registered e-mail, and keeps every step dated: the debt statement and history are ready when you instruct them.
Frequently asked questions
How long does a commandement de payer give the tenant?
Six weeks. The lease's termination clause only takes effect six weeks after a commandement de payer that went unanswered. Leases in force on 29 July 2023 keep the delay in their clause, often two months.
Who can serve a commandement de payer?
Only a commissaire de justice, the French court officer formerly called huissier. A letter from the landlord, even registered, is a formal notice and does not start the termination clause's delay.
How much does a commandement de payer cost?
The fee is regulated. For a debt above €1,280, Service-Public gives €55.96 including VAT for the act itself, excluding the fee for starting enforcement and travel costs, plus the guarantor notice and the CCAPEX report.
Do I have to tell the guarantor?
Yes. The commandement must be served on the guarantor within fifteen days of being served on the tenant. Otherwise the guarantor cannot be held liable for penalties or late interest.
What if the tenant pays during the six weeks?
If the whole debt is paid within six weeks, the termination clause does not take effect and the lease goes on. If only part is paid, the landlord can go to court, and the judge may grant time to pay.
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Kivlo editorial team
Updated November 9, 2026 · Sources checked November 9, 2026 · 4 min read