Rent which does not appear on the account on the usual day is not systematically an unpaid debt. In the majority of cases, it is a simple technical discrepancy: interbank delaytransfer scheduled the day before a weekend, change of RIB not transmitted on time. The confusion between these two situations, although with radically different implications, remains the first error of donors and explains a significant part of the poorly initiated files.
Before any action, the right reflex is to check payment reference and payment history over at least the last six months. A regular tenant who is late for the first time is generally subject to regularization within 48 hours. Conversely, a history marked by split payments or repeated delays calls for immediate vigilance.
Pick up your phone before starting the procedure
In the field, rental management professionals are unanimous on the first action to take. It’s necessary ” communicate. And communicate directly. This means that we have to let go of the keyboards, let go of the screens, put an end to SMS and emails. The first thing to do is to make contact directly with tenants by picking up the phone »insists Romain Nègre, real estate agent in Tours for 22 years and manager of a rental portfolio. His observation is clear “sending emails, sending SMS, it’s cold, impersonal and sometimes it blocks situations that would be resolved during a direct exchange”
The phone callwithin 24 to 48 hours following the due date, allows the nature of the delay to be immediately identified. “Most of the time, it’s just stupid, the tenants don’t even realize it themselves”observes the professional. This first contact does not exempt you from the written trace, quite the contrary. “One does not prevent the other. You can pre-write an email stating: “following our conversation…” recounting what was said over the phone.” This oral-written connection will, if necessary, constitute the first stone of the legal file.
The formal notice, the founding act of the file
Without regularization within a few days, the pressure build-up must be methodical. A simple first letter between 10 and 15 days after the due date, then a formal notice by registered letter with acknowledgment of receipt (LRAR) at the end of the month: this double rhythm, practiced by the agencies, has an essential evidentiary value. The LRAR must mention the amount due, the lease reference, a period for regularization and warning of possible legal consequences.
This documentary sequence is far from cosmetic. Since the law of July 27, 2023 (known as Kasbarian-Bergé), the termination clause is mandatory in all residential leases signed since then, which locks the procedure upon signature of the contract. But the judge remains attentive to the quality of the file presented. A lessor who produces a dated history of reminders, noted calls and time-stamped letters has immediate negotiation leverage and a robust file in the event of subsequent litigation.
The deadlines which trigger the litigation phase
Without a response to the formal notice, the switchover takes place. For lessors covered by a unpaid rent guarantee (GLI)the declaration of loss generally occurs after two months of unpaid debts, with compensation often starting in the third month with a retroactive effect. For the Visale guaranteeyou must activate it within 30 days. Strictly respecting the contractual declaration deadlines, often 30 to 60 days depending on the contracts, is imperative or risk loss of guarantee.
At the same time, recourse to a justice commissioner to issue a command to pay initiates legal proceedings. Since the 2023 law, the tenant only has six weeks – compared to two months previously – to regularize before activating the termination clause. And the law could still evolve in the short term.
Please note: for tenants receiving housing assistance, decrees n° 2026-83 and 2026-84 of February 12, 2026 impose a report to the CAF or to the MSA within two months, with a new definition of unpaid from January 1, 2027 (debt greater than 450 euros or three months of default).
If in doubt, contact the SOS Unpaid Rent toll-free number at 0 805 160 075.
