If there is no written legal rental agreement and they are living there without your consent, then surely you as the owner are not legally bound to provide a house in a habitable state. I knew of an owner, in another country who had the same problem. He simply waited one day until the tenants left the house and went around and broke all the windows, ripped out the electricity box, etc. - he figured it was cheaper and more effective than taking them to court. Something along Robert Moon's suggestion. Extreme, but... Also, if there is no legal rental agreement, how are/were they getting state assistance with the rent - I know, this is France, maybe I am being naïve?
Robert! lol
I forgot to add another very useful source
www.anil.org/profil/vous-etes-locataire/location-meublee/
should give you some advice.
Similar situation happened to a friend of mine. You'll need to visit a huissier (not sure if it has to be in same area) as it is the huissier who starts proceedings. Unfortunately you're going to have to cough up a fee (in my friend's case €250 for the initial stages) which you almost certainly won't see again.
It's a long process conducted in stages, but the hope is always that the first stage will frighten your unwanted tenants into "doing a runner" in which case you will only lose what they owed you in rent and eventually you can repossess.
Make sure the electricity/gas/telephone - if it is still in your name - is cancelled ASAP.
Bonne Chance!
Hi Brian,
might I suggest my services, I may just get to a solution, as for pensioners there are lots of alternatives even they may not be aware of. If you so wish, PM me with their email, name and possible telephone number and I might just be able to break a really difficult situation.
Kind regards
John (Pleasehelp.fr)
There are plenty of english speaking French avocats in the UK too though the visits to the Marie etc need to be face to face. I'm not that far away in the Hte Vienne so I could help translate if that would help.
Brian
I fear you may have been screwed by some deceiving nasty people, including the notaire and I can be reasonably certain the Mairie knows all about it and will not support you at all, indeed probably quite the reverse.
I think that your "tenants" may have acquired tenancy rights, not least as they have been in "occupation for 3 years" and cannot easily be evicted.
Get a French lawyer (not a Notaire), preferably one who speaks English and get them evicted and take action against the Notaire and probably the Mairie if as I suspect he knows all about it.
It will take a bucket load of time and cost a fortune.
Also get an estimate for the probable cost of all of this work including your own trips to France, none of which you will NOT recover, your time and emotional energy for all of this and decide if it is cheaper to let your property go.
I stress that is my FEAR, and I am not stating FACTS, as I have sort of touched a similar sort of problem elsewhere but you need good quality responsive legal advice and fast, very fast and take it from there. (Also, very like the UK in terms of occupancy and occupiers rights) The only saving grace is they have stopped paying rent but then you say you do not have a contract.
If your advocat is not responding to your letters and emails, get a new one that speaks English, you can find them easy enough via Google.
Really sorry you are in this situation.
In our experience here as landlord with all the required paperwork, bails etc., the only people covered were the tenants. Never the landlord. We had one tenant who never paid, never even lived there as far as we could make out, but sublet. Refused to sign recorded delivery letters from us and the bailiff. When she left, she handed the keys to her ex, who promptly squatted and wrecked the place. We were told that had there been NO contract, we would have had a better chance of eviction. ( no wonder your 'tenants' wanted a contract!) When the squatter didn't pay the water and electric bills, I contacted both edf and saur France, and both attitudes were that people have a right to basic services! Through the courts, finally, we gained entry, or rather the bailiff did, with the gendarme. We were not allowed in. They decided that as there were personal effects still there, we had no rights to take the house back. Maybe as there is no contract you have more rights to do something personally. Good luck.
We had terrible tenants for a year. They lived upstairs in a self-contained flat in our house. Luckily (!) my husband had a stroke, which meant that we could legitimately argue we needed to put our (very large) house on the market and downsize. So we managed to get them to leave by asking the huissier to give them notice as our rental agreement allowed for this. (It was furnished and therefore for 3 years). They were not happy (British understatement).
But we had a tenancy agreement!!! which they did not want - but we insisted - ALWAYS get one!
There is an organisation called UNPI (Organisation Nationale Proprietes Immobilier) which might be of help here, and also check out "Vos Droits" - service public.
You may find that if you put your house on the market you may be able to move them on - but without a tenancy agreement I can't say for sure.
Incidentally, you are responsible for the tax fonciere as owner - if I were you I would pay that now otherwise you might perhaps find that they have somehow become the owners by paying it.
Your Notaire sounds very much at fault from what you have said - there is a complaints procedure for Notaires which you may want to use - keep all records of what you both have said and written. The complaints proceedure is something you could could initially check using
"plaint contre notaire" on Google search.
One other thought - your house must still be insured - did you take out any extra insurance for tenants or for legal cover? If so, go and see your insurance company and explain what has happened - they may well be able to offer at least advice, and may be help.
Our Huissier was extremely helpful and professional - good luck with it all and tell us how you're getting on.
Very similar story happened to a Brit couple in our village. No written agreement because "he seemed ok), no rent since he moved in, he tried to order fuel oil on the landlord's account but failed, his car was taken away by a local garage due to unpaid bills, etc. He's done it on a serial basis in local communes it seems. The system is worked by those in the know. It will I am afraid cost you to get him out but you must do that NOW as otherwise he'll be in until 31 March 2016 at least. I heard of another absent Brit landlord who had no rent from an occupant for ten years. I am not joking. He got vacant opssession when the tenant died (I believe of natural causes!). Locals just think that the Brit landlords are a soft touch. They don't seem to have the same problem. Get rent paid by CAF if possible. The tenant has the system on his side here. The fact that you can't evict a tenant in the winter sort of disproves Duncan-Smith's notion that France is a warm country doesn't it?!
I'm also in the southern tip of Cher
If you like I can come over and do a pest control report and find that your house in infested with death watch beetle, termites, rising damp, fleas, asian hornets and nothing but a full deep fumigation will do the trick as well as all clothing will need to be thrown away.
It might be immoral, but fear is the the main reason I do my job!
PM me if you want a visit!
Rob
Many thanks Sandy.
I am going to be in France in 10 days time and will take all your advice, firstly the Marie, second, huissier, thirdly, notaire. I cannot make it before then because of work/medical commitments here and French holidays etc.
If anyone else has had similar experiences I'd be glad of your input, thanks all.
Handy article Sandy but I would imagine this is assuming there is a current 'bail' or rental agreement in force surely ? Brian has no such legal agreement it seems which makes matters more tricky. I would speak with an avocat specialising in this kind of work or at least a Huisssier in the area to find out where he stands legally but that's just my opinion. Any responsable Maire would take this very seriously and try to resolve the situation. The maire could for example, offer alternative accommodation to the pensioners if it exists within the commune. I would suggest it would be easier forr Brian to be more 'hands on' by meeting all the parties personally rather than trying to do things from Bedford. Again, just my opinion.
I found this which I hope might be useful: http://www.french-property.com/guides/france/working-in-france/letting-property/legal-proceedings/possession-proceedings/ Good luck!
I understand this, only too well Peter; I thank you for your input all the same.
All the paperwork should have been done BEFORE they moved in obviously. If they stay until winter then they have the right to stay for the whole winter so it will be about another year before you see the back of them ! (at least).
Me either [notaire]. I sent two recorded letters penned by my avocat, to which they did not reply; a further one direct from my avocat, as yet no response. How can they have squatters rights when they have their own house in Dordoigne? Nonplussed.
I can't believe the notaire idn't arrange for a contract to be drawn up, it's not difficult and then everything is 'legal' at least ! A notaire will advise you but you will probably need an avocat. I just wonder whether squatters rights etc come into the equation ?
Thanks for your reply Peter. I do not have a contract; however the couple concerned did ask for a "bail" some months back Jan/Feb. I tried to facilitate this from UK and sent them a downloaded form for them to sign/return etc, to me so's I could sign but they failed to return it or any mail I have sent, be it recorded/signed for. I will email the Mairie and the notaire. This could be down to language, their spelling is bad and I'm not fluent; though I'm not so sure as they have removed furniture without my permission or even asking, 2 leather sofas and a leather armchair all photographed. They say they were rotten and slimey; if this was the case surely my divans would be in the same state, I don't believe them. They now say they are staying put till Winter.