Mise en demeure logement Template for France

A mise en demeure is not a court order, but it has real legal effect under article 1344 of the Code civil: it formally places the other party in default and opens the door to remedies such as damages, contractual penalties or termination. For housing matters governed by the loi n° 89-462 du 6 juillet 1989, it is normally the compulsory first step before a landlord or tenant can bring the matter before the juge des contentieux de la protection. Keeping proof of delivery is what makes it enforceable evidence later.

It must identify both parties and the property precisely, state the date of the lease, describe the failure complained of (unpaid rent, unfinished repairs, unsafe or indecent housing), and set out exactly what is required and by when. The words "mise en demeure" should appear expressly so the recipient cannot claim it was a simple reminder, and article 1344 of the Code civil requires an "interpellation suffisante", meaning the demand must be clear and unambiguous. Add the consequences of non-compliance, such as referral to the commission départementale de conciliation or to the court.

The standard and safest method is a lettre recommandée avec accusé de réception, because the accusé de réception fixes the date the deadline starts running. A commissaire de justice can also serve it by acte, which is the strongest form of proof. A simple email or a hand-delivered letter can be valid between the parties but is easily contested, so use registered post where a deadline or a later court claim is in play.

The law does not set a single figure, so the period must be reasonable in view of the works or payment demanded, commonly eight to fifteen days for a payment and one month or more for repairs. If the lease or a statutory text fixes a period, that period prevails. Set the deadline as a precise date rather than a vague delay, since a deadline that is clearly too short can be treated as ineffective by a judge.

Once the deadline passes, you can refer the dispute free of charge to the commission départementale de conciliation, or apply to the juge des contentieux de la protection to order the works, if necessary under astreinte, and to obtain a rent reduction or damages. The landlord's obligation to deliver housing that is decent and in good repair comes from article 6 of the loi du 6 juillet 1989 and the décret n° 2002-120 du 30 janvier 2002. You may also report the property to the mairie or the ARS where health or safety is at stake, but do not stop paying rent unilaterally, as that exposes you to termination proceedings.

Yes, and it is usually the first step: it records the arrears, formally puts the tenant in default and, under article 1344-1 of the Code civil, starts interest running on the sums due. However, if the lease contains a clause résolutoire, terminating the tenancy for non-payment requires a commandement de payer served by a commissaire de justice under article 24 of the loi du 6 juillet 1989, not a simple letter. The mise en demeure is therefore the amicable stage that often avoids the cost and formality of that procedure.

You can send a further letter reducing the demand, extending the deadline or confirming that the matter has been settled, and it is worth doing so in writing to avoid arguments about waiver later. What you cannot do is retroactively erase the effects already produced, such as the starting point of interest or the record of default. If new facts emerge, issue a fresh mise en demeure setting out the revised amount or works and a new deadline, rather than relying on the original letter.