Mise en Demeure Bailleur Social Template for France

A mise en demeure is not a court order, but it has real legal effects under articles 1344 to 1344-2 of the Code civil: it formally places the landlord in default, starts the running of interest and damages, and transfers the risk of the thing owed. For a bailleur social such as an OPH, ESH or SEM, it also creates dated written proof that you asked for performance of an obligation under the loi n° 89-462 du 6 juillet 1989. Most judges expect to see this step before granting an injunction to carry out works.

It should identify the tenant and the landlord precisely, give the address of the let property and the date of the bail, and state the reference number of your tenancy or file. It must describe the failure in concrete terms (unrepaired boiler, damp, no response to a complaint), refer to the obligation breached, typically article 6 of the loi du 6 juillet 1989 on decent housing or article 1719 of the Code civil, and set a clear deadline for action. Finally it must use the words "mise en demeure", be dated and signed, and announce what you will do if nothing happens.

Send it by lettre recommandée avec accusé de réception, or by remise en main propre contre récépissé, so the date of receipt can be proved; article 1344 of the Code civil requires a sufficiently clear demand, and the AR gives you the evidence. A deadline of 15 days is common for administrative matters and one month for works, though urgent safety issues such as a gas leak or absence of heating justify 8 days or less. Keep the copy, the proof of posting and the accusé de réception together, as these form your file if the matter goes further.

Once the deadline passes you can refer the dispute to the commission départementale de conciliation under article 20-1 of the loi du 6 juillet 1989, which is free and handles decency and repair disputes. You can also apply to the juge des contentieux de la protection at the tribunal judiciaire of the place where the property is located, asking for works to be ordered under astreinte (a daily penalty) and for a rent reduction or damages under article 1231-1 of the Code civil. Complaints can additionally be made to the Service communal d'hygiène et de santé or the ARS where the housing is unsanitary.

Withholding rent is the main risk in this situation: unpaid rent can trigger the clause résolutoire in your bail and eviction proceedings, even if your complaint about the works is well founded. The exception d'inexécution in article 1219 of the Code civil is only accepted by judges in extreme cases where the property is virtually uninhabitable. The safe route is to keep paying, ask the judge for authorisation to pay the rent into a consignation account, and use the mise en demeure and its deadline clause to build the record for that application.

Yes. The same letter is used to contest a régularisation des charges where the landlord has not produced the supporting documents required by article 23 of the loi du 6 juillet 1989, to demand return of the dépôt de garantie within the one or two month period set by article 22, or to challenge an unjustified rent increase. Article 22 also provides for a penalty of 10% of the monthly rent for each month of delay in returning the deposit, so state the amount claimed and the calculation in the letter.

Actions arising from a residential tenancy are generally subject to a three year limitation period under article 7-1 of the loi du 6 juillet 1989, running from the day the claim became known, and one year for rent revision claims. Sending the mise en demeure does not by itself interrupt that period, so if you are close to the limit the letter should be followed promptly by conciliation or a court application. Dating the letter and keeping the accusé de réception fixes the point from which the landlord was on notice.