Attempt at Pre-Conciliation: Is a Simple Letter Enough to Bring a Case to Court?

You are a landlord in Parentis-en-Born and your tenant has not paid rent for three months. You sent a formal notice letter, then a registered letter proposing a payment plan. Silence. You want to take the case to court to obtain termination of the lease and payment of arrears. But one question bothers you: are you obliged to first go through a justice conciliator?

This is exactly the question the Court of Cassation decided in a decision of 15 April 2021 (No. 20-14.106). And the answer is more nuanced than a simple 'yes' or 'no'. In clear terms, the law imposes, on pain of inadmissibility, an attempt at pre-conciliation before bringing a case to the tribunal d'instance (now the tribunal judiciaire for disputes under €10,000). But beware: this obligation is not absolute. The judge must verify whether the claimant has undertaken other steps with a view to an amicable agreement.

What does this decision mean concretely for you? Must you absolutely see a conciliator? Can your simple letter suffice? Let us navigate this legal maze together, with concrete examples from practice in the Landes.

The Facts: A Story That Happens Every Day

Mr. X, owner of a flat in Saint-Paul-lès-Dax, is in conflict with his tenant, Mr. Y. The latter owes several months' rent. Mr. X sends him a simple letter, then a registered letter, proposing a repayment plan. The tenant does not respond. Mr. X then decides to bring the case to the tribunal d'instance by declaration at the registry, i.e. without serving a writ by bailiff. He attaches copies of his letters to his declaration.

The court, without examining these documents, declares his claim inadmissible on the ground that he did not prove an attempt at pre-conciliation by a justice conciliator. Mr. X appeals to the Court of Cassation. He argues that his letters constitute 'steps undertaken with a view to reaching an amicable resolution of the dispute' within the meaning of Article 4 of the Law of 18 November 2016.

The Court of Cassation agrees with him. It quashes the judgment of the tribunal d'instance, holding that the judge should have verified whether Mr. X's letters did not show sufficient amicable steps before declaring inadmissibility. In other words, the mere fact of having sent a letter may, in some cases, dispense with pre-conciliation.

The Reasoning of the Court — Explained

The applicable text is Article 4 of Law No. 2016-1547 of 18 November 2016 (known as the Law on Modernisation of Justice for the 21st Century). This text provides that, for disputes under €5,000 (threshold since raised to €10,000), bringing a case to the tribunal d'instance by declaration at the registry must be preceded by an attempt at conciliation by a justice conciliator. However, this obligation has exceptions: the parties may show 'other steps undertaken with a view to reaching an amicable resolution of their dispute'.

The Court of Cassation here interprets this exception broadly. It recalls that the judge cannot simply note the absence of pre-conciliation: he must examine whether the documents provided by the claimant demonstrate a serious attempt at an amicable agreement. In this case, Mr. X had sent letters proposing an arrangement. For the Court, these letters do constitute 'other steps'.

This reasoning is a confirmation of previous case law, but with an important clarification: a mere allegation of an amicable step is not enough; the judge must actually examine it. In other words, the judge must give reasons for his decision, explaining why the step invoked is not considered sufficient.

The tenant's argument, which argued for automatic inadmissibility in the absence of conciliation, was rejected. The Court favours a pragmatic approach: the aim of the law is to promote amicable solutions, and any serious means of achieving this must be recognised.

What This Changes for You — Concretely

For landlord lessors: If you face unpaid rent, do not neglect sending a simple or registered letter proposing a payment schedule. Keep a copy and the proof of delivery carefully. This simple letter can save you from having to go through a justice conciliator, which will save you time (generally, a conciliator can take 2 to 3 months to organise a meeting). Example: in Saint-Paul-lès-Dax, a landlord was able to bring a case to court in less than a month thanks to a formal notice letter, whereas conciliation would have delayed the matter by several months.

For tenants: Conversely, if your landlord demands undue sums and you have already written to dispute them, you can also rely on this step to bring the case directly to court. Beware however: if your letter is vague or does not propose a solution, the judge might consider it insufficient.

For co-owners: Co-ownership disputes (unpaid charges, contested works) are often subject to pre-conciliation. A registered letter to the managing agent requesting a meeting or mediation may be considered an amicable step. But beware: case law remains strict on the 'serious' nature of the step.

For property professionals: Promoters, estate agents, notaries: your clients must be informed that, in low-value disputes, a simple exchange of letters can suffice to open the way to court, provided it is well documented.

In summary: do not underestimate the power of a well-written letter, but keep in mind that the judge will have full discretion to assess whether it constitutes a genuine attempt at an amicable resolution.

Four Tips to Avoid This Type of Dispute

• Keep all written records: Simple letters, registered letters, emails, text messages. Any document proving that you tried to resolve the conflict amicably. Make copies and file them.
• Propose a concrete solution: Do not merely demand. Propose a payment schedule, a deadline, a reduction. A specific offer shows your good faith and strengthens the value of your step.
• Send a registered letter with acknowledgement of receipt: Even if the law does not require a particular form, the registered letter proves the date and content. It is a solid piece of evidence before the judge.
• If you opt for conciliation, do it quickly: Conciliation is free and quick (1 to 2 months). If your opponent refuses, the conciliator issues a certificate of non-conciliation which allows you to bring the case to court without delay.

Further Reading: Related Case Law and Developments

In a judgment of 10 September 2020 (No. 19-16.871), the Court of Cassation had already held that sending a registered letter requesting information was not enough to constitute an amicable step, because it did not aim at an agreement. The 2021 decision therefore refines the position: the letter must aim at an agreement, not merely information.

More recently, the Law of 23 March 2019 relaxed the conditions for direct access to court, by expanding the list of exceptions (agreement of the parties, legitimate reason, etc.). The trend is therefore towards flexibility, but judges remain vigilant as to the effective nature of the amicable attempt.

In the future, we can expect courts to give increasing weight to written exchanges, especially electronic ones, provided they are probative. The digitisation of procedures (e-justice) could reinforce this development.

Frequently Asked Questions

Can I bring a case to court without any amicable step? No, in principle pre-conciliation is mandatory for disputes under €10,000 brought by declaration at the registry. But if you have sent a letter proposing an arrangement, this may suffice.

What if my opponent refuses any discussion? You can apply to a justice conciliator. He will summon the parties. If the other party does not come, the conciliator issues a certificate of non-conciliation which allows you to go to court.

What are the timeframes for conciliation? Generally, the conciliator sets an appointment within one to two months. The conciliation itself lasts about an hour. If it fails, you can bring the case to court immediately afterwards.

How much does conciliation cost? Justice conciliation is free. Only any costs for registered letters are your responsibility (about €5).

Does my letter need to be drafted in a certain way? It is advisable to be clear, precise, and to propose a solution. Avoid threats or aggressive wording. Mention the facts, the amount of the dispute, and your proposal.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →