Revised Rental Arrangement: Wage Garnishment Enacted for Overdue Rent Payments
In the heart of Pantin, Seine-Saint-Denis, property owner Olivier Riera is navigating the rental recovery process for two of his apartments. One tenant on the third floor owes an undisclosed amount of rent, while another in the second apartment is in debt for nearly 5,000 euros.
Before July 1, 2025, the legal procedure for rental recovery was complicated and costly for many landlords. However, the new simplified process has brought a breath of fresh air to the situation.
The new process begins with mandatory mediation through the Departmental Conciliation Committee (CDC). The tenant must bring the dispute before the CDC within three months of entering into the lease or when the dispute arises. The CDC attempts to reach an agreement on issues such as rent disputes. If the CDC agrees, that agreement sets the rent amount from the lease start date.
If mediation fails, the case can be referred to the protection litigation judge of the relevant court. This judge then decides on rent cancellation or reduction, which applies retroactively.
One of the most significant changes in the new process is the enforcement of rent payment. After mediation and, if necessary, judicial decision, enforcement of rent payment can be executed by a justice commissioner (huissier de justice). This enforcement may include deducting the rent amount directly from the tenant’s salary, ensuring payment compliance. The rent deduction from the tenant's salary will occur one month after the procedure begins.
Olivier Riera, like many other landlords, is hopeful that this new process will expedite the resolution of his rental recovery cases. He has initiated legal procedures to recover his rent and expects to win his case soon. The current status of the legal procedure is unknown, but the rental recovery process no longer requires the owner's physical presence.
In summary, a tenant-landlord dispute undergoes mandatory mediation via the CDC, followed by possible recourse to a specialized judge, with enforcement mechanisms such as rent deduction from salary carried out by a justice commissioner if needed. This simplified, mediation-first procedure designed to expedite resolution and protect both parties took effect on July 1, 2025.
Olivier Riera, having initiated legal proceedings, is eagerly anticipating a resolution to his rental recovery cases, given the simplified process that started on July 1, 2025. This updated process, mandatory for tenant-landlord disputes, includes mediation through the Departmental Conciliation Committee, followed by potentially seeking a judge's decision. Enforcement mechanisms, such as deducting rent directly from a tenant's salary, are now executed by a justice commissioner. The streamlined approach, aiming to expedite resolution and safeguard both parties, also applies to disputes in the housing market, impacting Olivier's personal finance and investments in real estate.