Rent collection reform: a simplified procedure to recover your money

A faster procedure, but very supervised

Wage garnishment already existed before for unpaid rent, but a hearing before the judge was until now systematically necessary, even when the debt was not contested. From now on, in certain cases, the justice commissioner can directly initiate the procedure without going through this preliminary legal stage.

The reform does not, however, allow an owner to directly garnish a tenant’s salary after a simple late payment. The lessor must first have a enforceable titlethen have a command to pay by a justice commissioner. If the tenant does not pay his debt and does not contest the procedure within a period ofone monththe seizure can then be initiated without a hearing.

The system mainly targets cases in which the tenant no longer responds or allows the debt to accumulate. “Before the reform, certain files could remain blocked for many months before a first effective seizure”explains Jérôme Bastide, rental manager. “Many landlords felt like they were stuck as delinquencies continued to rise. »

RSA, AAH… part of the income remains untouchable

Concretely, the justice commissioner then transmits the seizure act to the employer, who becomes responsible for deducting part of the tenant’s remuneration. But wages remain largely protected by law: only a fraction can be seized, according to a progressive scale set by the Labor Code.

The scale of seizable amounts has not been modified by the reform. Solidarity income such as RSA or theallowance for disabled adults (AAH) remain entirely elusive. Below 646.52 euros of net monthly income, no amount can be withdrawn. Beyond that, the seizable portion gradually increases, from 5% has 33% depending on the level of remuneration.

In fact, the amounts recovered may therefore remain limited. “Wage garnishment works especially when the tenant has a stable job and regular income”underlines Jérôme Bastide. “In the presence of precarious contracts, frequent changes of employer or a situation of over-indebtedness, recoveries become much more complicated. »

The law also provides several safeguards to protect indebted tenants. Alimony remains priority over other debts. The tenant can also contact the judge to request an exceptional reduction in the sums deducted if he considers that he can no longer meet his essential expenses. As for the employer, he must strictly apply the legal scale. Otherwise, liability may be incurred.

The judge can always take control

The reform does not put an end to all judicial intervention. In the event of a dispute from the tenant, a request for payment deadlines or an irregularity in the procedure, the enforcement judge can take control of the file.

“The idea is above all to avoid an additional hearing when the debt is not contested”summarizes a recovery specialist. For landlords, the financial challenge remains major. “Some owners continue to pay their mortgage, utilities and property tax without receiving any rent for several months”recalls Jérôme Bastide.