Titre exéc.
An enforceable title (titre exécutoire) is indispensable before the eviction procedure can begin. Either a judicial eviction judgment or an enforceable conciliation record qualifies (Art. L 411-1 C. exécution). A protocol rendered enforceable by ordonnance sur requête does not.
4 mentions
The commandement d'avoir à quitter les lieux must contain four mandatory mentions on pain of nullity (Art. R 411-1 C. exécution): the enforceable title, the designated court, the vacation date, and notice that forced eviction may follow from that date.
2 months
Where the prefect refuses to grant the force publique, State liability generally arises at the expiry of two months following the requisition (CE 27-9-2006 n° 285279) — the period treated as the normal reflection time accorded to the prefect before an implicit rejection is deemed.

When Does Eviction Become Available?

At the expiry of a French commercial lease — whatever the cause (congé, activation of a resolutory clause, judicial termination, or any other means) — a tenant who remains in occupation becomes an occupant sans droit ni titre: an occupant without any legal basis for their presence. From that moment, the landlord may pursue eviction measures to obtain the clearance of the premises of persons and moveable property. The governing rules are found in Articles L 411-1 to L 451-1 and R 411-1 et seq. of the Code des procédures civiles d'exécution.

The Indispensable Prerequisite: An Enforceable Title

The eviction procedure cannot be initiated without an enforceable title (titre exécutoire). The law is strict: the enforcement process begins only once a judicial eviction decision has been obtained, or in the alternative, an enforceable conciliation record has been signed — meaning an agreement between the parties on vacation of the premises, reached during proceedings, signed by all parties and by the judge, and rendered enforceable (C. exécution Art. L 411-1).

A protocol of agreement rendered enforceable by an ordonnance sur requête of the president of the tribunal does not constitute a valid title for eviction purposes (Cass. avis 20-10-2000 n° 20-20013). A jugement d'adjudication (adjudication judgment), by contrast, does constitute a valid enforceable title permitting eviction (C. exécution Art. L 322-13). Where the eviction title is a référé order that has been appealed, enforcement may still proceed in principle since the law permits enforcement on the basis of a provisionally enforceable title.

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Sub-Tenants

The landlord may pursue the eviction of sub-tenants who hold their occupancy title solely from the main tenant whose eviction has been ordered (Cass. 2e civ. 4-12-2003 n° 02-10.387). However, as long as the lease relationship between the main tenant and the landlord remains legally in existence, the landlord cannot act directly against the sub-tenant in eviction — only the main tenant can take that step (Cass. 3e civ. 1-2-2012 n° 10-22.863).

Jurisdiction and the Commandement

The decision ordering eviction of a commercial tenant falls within the exclusive jurisdiction of the tribunal judiciaire, acting as the commercial tenancy court (C. org. jud. Art. R 211-3-26, 11°). The enforceability of the eviction judgment requires its formal service (signification) under Article 503 al. 1 of the Code of Civil Procedure, as well as service of the commandement d'avoir à libérer les locaux under Article L 411-1 of the Code des procédures civiles d'exécution.

The Commandement d'Avoir à Quitter les Lieux

The commandement d'avoir à quitter les lieux is a formal act that must comply with the mandatory content requirements of Article R 411-1 of the Code des procédures civiles d'exécution. A commandement that does not contain all required mentions is null.

Mandatory Mentions (Art. R 411-1 — on pain of nullity)
  • The identification of the enforceable title under which eviction is being pursued
  • The designation of the court before which requests for delays and any disputes relating to the eviction may be brought
  • The date from which the premises may be vacated
  • A statement that from that date forced eviction of the occupant and all persons occupying under them may proceed

The commandement may be delivered as part of the same act as the service of the eviction judgment (Art. R 411-1 final al.). It must be formally served on the person against whom eviction was ordered, but it does not need to be served on occupants who claim their right from that person (Cass. 2e civ. 23-6-2016 n° 15-21.408). Once the commandement has been served, any request for a grace period must be addressed to the juge de l'exécution — not the juge des référés (Cass. 2e civ. 18-9-2003 n° 01-16.019).

The Enforcement Procedure: Step by Step

The Three-Stage Eviction Procedure
1
First Attempt by the Bailiff
After service of the commandement, the huissier de justice / commissaire de justice (bailiff) attends the premises with witnesses to make a first attempt at eviction. This first visit is almost always unsuccessful in practice: the occupant typically refuses to leave. The bailiff draws up a procès-verbal de tentative d'expulsion recording the refusal.
2
Requisition for the Force Publique
The failed attempt forms the basis for the bailiff's procès-verbal de réquisition de la force publique addressed to the prefect. This is a formal request to the administrative authority to provide police or gendarmerie assistance to enforce the eviction. The bailiff is the sole judge of whether recourse to the force publique is necessary for the success of the mission (Cass. ass. plén. 16-12-1974 n° 73-92.495).
3
Prefectoral Authorisation and Eviction
Only if the prefect grants the requisition can the bailiff return to the premises accompanied by a locksmith and police or gendarmerie forces, and carry out the eviction. The entire operation is recorded in a procès-verbal d'expulsion. Even a tenant who does not contest this record retains the right to bring an action to annul the commandement (Cass. 2e civ. 13-2-2003 n° 01-03.272).
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The Bailiff Cannot Enter Without the Occupant or Force Publique

The bailiff cannot enter premises in the absence of the occupant without the concours of the force publique, except to confirm that the person evicted and those claiming through them have voluntarily vacated after service of the commandement (C. exécution Arts. L 451-1 and L 142-1). The provision allowing a bailiff to enter in the occupant's absence with a municipal authority or police presence applies to general enforcement but does not apply to eviction — only to confirming voluntary vacation (CA Montpellier 24-7-2002 ; CA Paris 23-1-2003).

When the Prefect Refuses: State Liability

Where the prefect refuses or fails to grant the force publique, the landlord has no further avenue against the tenant directly. Their recourse is against the State, whose liability is engaged for the refusal or unreasonable delay in granting police assistance to enforce a judicial decision. As a general rule, State liability arises at the expiry of a two-month delay following the requisition (CE 27-9-2006 n° 285279). However, where the circumstances are such that the landlord is suffering a particularly serious deprivation of their property requiring urgent action, the liability period may begin earlier (CE 18-6-2008 n° 285380). Pending enforcement, the juge de l'exécution may order the tenant to pay an indemnité d'occupation for the continued occupation in breach of the eviction order (Cass. 2e civ. 20-6-1996 n° 94-14.012).

Premises with a Residential Component

Where the commercial premises include a portion used as a dwelling, Article L 412-1 of the Code des procédures civiles d'exécution requires a minimum two-month delay between the commandement and enforcement. However, the courts have been careful not to allow this provision to obstruct the eviction of commercial tenants who use ancillary living accommodation incidentally. In a recent case involving a lease covering commercial restaurant space and ancillary living quarters, the court held that: the lease was commercial (its principal object was the restaurant activity); the two-month residential delay requirement did not apply since the manager's address on the company's Kbis extract was different from the leased premises; and the statutory rules on notification of the prefect applicable in residential evictions had no application in the commercial lease context (CA Caen 16-1-2025 n° 24/00560).

Landlord's Liability After Eviction

Once the eviction is carried out and the premises are cleared, they come under the landlord's custody and responsibility. The landlord may be held liable for any theft or damage to the tenant's goods that occurs in the premises after the eviction. The provision of Article 1725 of the Civil Code exonerating a landlord from liability for disturbances caused by third parties does not apply in this context — even if the eviction order is subsequently annulled on appeal (Cass. 3e civ. 5-1-2012 n° 10-12.741). This post-eviction liability creates a practical obligation for landlords to take immediate and documented control of the premises and any goods left behind, and to maintain proper insurance cover.

Evicting a French Commercial Tenant: The Essentials
Eviction is only available after the lease has ended and the tenant has become an occupant sans droit ni titre. An enforceable title is indispensable — either a judicial eviction judgment or an enforceable conciliation record (C. exécution Art. L 411-1). A protocol rendered enforceable by ordonnance sur requête does not qualify.
The tribunal judiciaire has exclusive jurisdiction to order eviction of a commercial tenant. The eviction judgment must be served and a commandement d'avoir à libérer les locaux must be issued and served (C. exécution Art. L 411-1).
The commandement must contain four mandatory mentions on pain of nullity (Art. R 411-1): the enforceable title, the designated court, the vacation date, and notice that forced eviction may follow. Service on the evicted tenant alone suffices — it need not be served on occupants claiming through them (Cass. 2e civ. 23-6-2016).
After service, any request for a grace period must be addressed to the juge de l'exécution, not the référé judge (Cass. 2e civ. 18-9-2003). The bailiff makes a first eviction attempt; failure leads to a procès-verbal and a formal requisition of the force publique addressed to the prefect.
The bailiff cannot enter absent premises without force publique assistance, except to confirm voluntary vacation (C. exécution Arts. L 451-1 and L 142-1). Eviction can only be carried out with prefectoral authorisation and police or gendarmerie presence.
If the prefect refuses, the landlord may hold the State liable; liability generally arises after a 2-month delay following the requisition (CE 27-9-2006), earlier in cases of particularly serious harm (CE 18-6-2008). Pending enforcement, the juge de l'exécution may order an occupation indemnity.
The two-month residential delay requirement of Art. L 412-1 applies where the evicted person actually inhabits part of the premises. Courts have declined to apply it where the lease's principal object was commercial and the manager's registered address was different from the leased premises.
The landlord bears custody and liability for the evicted premises after clearance, including for theft or damage to goods left behind — even if the eviction order is subsequently annulled on appeal (Cass. 3e civ. 5-1-2012 n° 10-12.741). Immediate documented control and insurance cover are essential.
Dealing with a Non-Departing Tenant in France?

French commercial eviction requires careful procedural compliance at every stage — from obtaining the initial eviction title to the force publique requisition, the commandement formalities, and post-eviction liability. There is no shortcut.

Speak with a French Lawyer

This article is for general information and educational purposes only. It does not constitute legal advice. Laws may have changed since publication. Always seek qualified French legal advice before initiating or contesting eviction proceedings.