Legal info getting tenants out needed


(Carole Horlock) #1

HI

I am writing for my friend to see if anyone has any knowledge of the law and renters…

They rented their house out through an agency on a 3 year contract. They have been the tenants from hell, breaking sinks, removing bathrooms, selling the owners property that has been stored in the garage, and of course, not paying the rent until taken to court. They were in arreas and they were taken to court and ordered to pay the outstanding, which they did so they could not be evicted. They then stoped paying again and are in arreas.

The 3 years was up on the 30th July…6 months notice in writing and by recorded delivery was sent to comply with the law. On the 30th July they asked for 15 days extra and it was agreed. The 15 days was up on Monday and they are still there. A hussier was emplyed to deliver the 6 months notice as well as the letter and he has said that he needs to go to court to get an order to get them out. Other people have said that he has the right to go there and demand they leave (without the court order as the notice was given) and if they refuse then the gendarmes would be called to enforse their removal. If he goes to court the first date available is 24th September and of course with notice and slow workings of everything here it will be october and they will be in for the winter!

Anyway…does anyone know for definate what rights the hussier and the owner has. Again, he was told he had the right to enter and remove the tenants stuff and reposses his house as they are their illegally. If anyone knows what exactly the laws states and where we can find the info to print out they would be eternally gratefull.

If you are thinking of renting your property out full time…DON’T…the french that abuse the system (and boy do they abuse it) ruin it for the honest renters and it is not worth the heartach…rent out as a gite to get some income or just lock it up until you sell or retire out perminatly!

Thanking you in adavance

Carole


(Carole Horlock) #2

Update…
My friend went to court and the judge said she would give her decision in mid oct. My friend asked her if she could give an earlier result as he needed to get back into his house before the winter (he is 80, disabled and living in a 2 berth caravan), so she brought it forward to 26th September.
The result came back that they were to be evicted. He went to see the Bailif and he said they have to give 2 months notice (there was no mention of this on the order) and so it will be after 1st Nov so nothing could be done until March.
His agent who he rented his property out with phoned the judges secretary for clarification and she said that he now had to go to the prefecture to get it sorted…
So, now a judge has said that they have to leave but still he cannot have his house back. He did it through an agent to protect him but nothing, it seems, can protect you from the laws in France designed to protect the tennet. There are plenty of houses to rent in the area but he cannot make them “homeless” by evicting them even though the contract is up, they are 2000€ in areas and he needs his home back to live in! It is OK though for him to struggle through the winter in a caravan!
As I said, why would anyone rent out their house here. I also read somewhere that CG tax is going to be charged on 2nd homes fully…before if you rented it out for a certain number of years on a full time contract (not holiday rentals) then you would be exempt from CG tax. Not anymore, so, no protection from bad tennants and no CG tax exemtion…are French laws trying to make it immposibe for tennats to find a rental.
So frustrating…this man is 80 and he is worried he may not live long enough to see himself back in his own house before he dies…


(Carole Horlock) #3

it certaily is Wendy…thanks for the info, had not heard of this site before you recomended it.
Carole


(Wendy Wise) #4

Told you it was better than Anglo Info!


(Catharine Higginson) #5

Thank you Finn for your sensible, informative reply. I agree too re the similarity to the CDI status, a bit of a ‘chicken and egg’ scenario which ultimately benefits neither party!

Cx


(Carole Horlock) #6

Thanks…I will pass these details on. Why on earth would anyone rent their house out when this is the case???
Thes reasons given for wanting their house back is because it is their principle residence and he is registered disabled , aged 80 and they need theor house back. They went to stay in england for medical reasons (an operation)and he is now wanting to live back here. These reasons were listed in the end of contract letter.
I really find all this so hard to belive…these renters are just sitting there laughing at him…
Carole


(Catharine Higginson) #7

Dear Guillaume
Thanks again for always taking the time and trouble to reply - I’m sure all of us on SFN really appreciate your input. See you soon! Cx


(Guillaume Barlet-Batada) #8

@Catharine: Thank you for flagging this.

Dear Carole,

I am afraid that the bailiff can only act by enforcing a Court order. The eviction procedure is painstakingly long if the tenants do not agree to move out.

You are probably aware of this but it is important to note that the unpaid rent gives grounds for the landlord to carry out two separate actions:
- An action to recover sums due,
- An action for termination of the lease.

If, after receiving the demand for payment delivered by the bailiff, the tenants do not regularize their situation in time, you can require that the Court formally register this situation, which will be the prerequisite to an action for eviction.

When the demand for payment is unsuccessful past two months after it is issued, the landlord must apply to the Court through a bailiff, who on your behalf summons the tenant to appear before a Judge.

The procedure for termination of the lease and evict the tenant is carried out before the Tribunal d’Instance for which the presence of an avocat is not required. Nevertheless, I would strongly recommend that you instruct one for two reasons:
- He/She can review the procedure carried out thus far and “correct” any mistake that may have been made along the way which could endanger the procedure at a later stage if the tenant were to raise it,
- You will be assured that the rest of the procedure will be compliant with the current legislation and proceedings (but there is no guaranty that it will be faster).

Generally, the tenancy agreement provides for an interim Court order to confirm the grounds for termination, which allows for a faster enforceable decision and which will not be suspended in case of appeal.
This interim order is only possible when the amount of the claim cannot be challenged and when the demand for payment was properly issued (this is where the avocat could be very useful). If these two conditions are not met, a standard procedure will need to be carried out.

You are absolutely right in pointing out that by the time a Court order is issued it is likely that the “winter truce” will have started (from 1st November to 15th March).

Let us have an update when possible.

I hope this helps,


(Catharine Higginson) #9

I’d agree with Wendy - esp re the first group as Guillaume who is a French lawyer (currently working in the UK) will reply to you and you’re sure to get some sound advice. Cx


(Wendy Wise) #10

Try posting here Carol http://www.survivefrance.com/group/citizensadvicebureau and here’s the group for Long Term lets http://www.survivefrance.com/group/longtermlets, it was my husband who replied to you on Anglo Info…this is much better, less bitter and twisted!