Rental management professionals are used to saying that the first obsessor of a lessor owner lies in the unpaid rent. The procedure to recover them is indeed long and complex. However, it has just been the subject of a simplification as discreet as it is important. Since July 1, 2025, in the event of rent unpaid, the courts, formerly called bailiffs, can seize part of the tenant’s salary “directly, without going through a judge»» of the execution to obtain his authorization, explains to Capital Danielle Dubrac, President of the United, who brings property administrators, real estate agents and co -ownership trustees.
The justice commissioner may proceed to the salary entry as soon as a command to pay that he sent to the tenant “Remained unsuccessful for a month»»specifies Danielle Dubrac. And add that “The judge only intervenes in the event of a dispute, by the tenant”command to pay. This reform is part of the broader one in the seizure of remuneration, or seizure of wages, which is one of the powers of the courts since the July 1, 2025. It stems from the law of November 20, 2023 guidance and programming of the Ministry of Justice for the period 2023-2027 and its implementing decrees. It also applies to the procedures that were underway on July 1.
In the event of unpaid charges, should I go to the checkout for the failing co-owners?
Upward trend in rent unpaids
As a reminder, the seizure on salaries allows a creditor – here, the landlord – provided with an enforceable title (legal act by which he can obtain the forced recovery of his claim, via a justice commissioner), to take directly from the employer of the debtor – the tenant, in this case – a fraction of his remuneration, in payment of his claim (the rent). Before July 1, the wage seizure required a prior intervention of the execution judge and was implemented by the registry services of the courts. July 1 reform “Fits in a larger movement of a diversion of justice, the objective of which is to Unclog the courts»»explains the national chamber of court commissioners.
It must be said that after having gathered the National Observatory of Loist Unpaid Rent, on May 5, the Minister of Housing, Valérie Létard, had reported “Rising trend” of these unpaids, against the backdrop of “Weakening of many households, including among the middle classes”. Each year, around 1.5 million households are thus found, at a given time, in a situation of delay or unpaid rent, according to the Ministry of Housing. On this total, about 500,000 households – half of which is in the private housing park and the other in the social housing park – receive a command to pay from a court commissioner. Consequence, no less than 24,556 rental evictions were made with the assistance of the public force, in 2024. A figure which “Illustrates the persistence of a worrying social tension”according to the ministry.
