Eviction Procedures: Understanding the Eviction Process

If a landlord wants to evict a tenant who has not paid their rent, the landlord must first send a written formal notice to the tenant. A template for this notice is available below. 

The tenant then has up to1 month to pay any outstanding rent to the landlord. If the tenant fails to pay the outstanding amount, the landlord can file an application with the Justice of the Peace to evict the tenant. 

The PCSW of the municipality where the property is located: 

• is informed as soon as the application is filed and at all stages of the procedure; 
• has access to judgements and eviction notices; 
• can intervene proactively to support and assist tenants threatened with eviction (by consulting, proposing a solution to the landlord or Justice of the Peace, preventing the eviction or finding alternative accommodation). 

The landlord and tenant are summoned by the court clerk, by judicial notification, to the introductory hearing set by the Justice of the Peace. The deadline to attend is 40 days from the filing date of the application when it includes an eviction request. 

At this introductory hearing, the judge listens to the parties regarding the possibility of reaching an agreement and attempts to reconcile them. 

If reconciliation fails, the judge may, in a judgement issued one month later:  

• authorise the eviction or 
• grant the tenant a payment plan. 

If the Justice of the Peace's judgement authorises the eviction, the PCSW will be notified and will contact the tenant. A financial solution to avoid eviction may still be proposed at this stage. 

The landlord must ask a bailiff to serve the judgement on the tenant. 

The period between serving the judgement and the eviction is 1 month.  
However, there are three exceptions to this rule: 

• the landlord proves that the tenant has already left the property; 
• the tenant and landlord have agreed on a different deadline (this agreement must be recorded in the judgement); 
• the judge may extend or shorten this period at the request of the tenant or landlord who must justify circumstances of particular severity. 
  In particular, the judge takes into account the possibility of rehousing the tenant in sufficient conditions that respect the unity, financial resources and needs of the family, especially during winter. 

When the judgement ordering the eviction is served, the bailiff informs the tenant of what will happen to their belongings if they fail to comply with the judgement. 

The bailiff must inform the tenant or occupants of the property of the effective date of eviction within 15 working days. 

During this time, the tenant can still try to find a solution with their landlord or contact a social service for help with their situation. 

On the day of the eviction, the bailiff arrives at the specified address accompanied by the police and municipal officials. If the tenant refuses to allow entry, the bailiff can call a locksmith. 

During the eviction, any of the tenant's belongings remaining in the property will be placed on the public street at the tenant's expense. 

If these items obstruct the public highway, they will be removed, also at the tenant's expense, and stored for 6 months by the municipal administration, unless they are items that are likely to deteriorate quickly or are pose a threat to public hygiene, health or safety. 
The municipal administration may require the payment of fees related to the removal and storage of the items before returning them to the tenant.