Owner, what can I do if my tenant refuses to leave the accommodation at the end of the leave?

You have given leave to your tenant because you want to pick up your accommodation. Problem, it is maintained in the premises after the expiration of the lease. Lawyer in Paris, Ganaëlle Soussens takes stock of your appeals, in the program Le Grand Rendez-vous de l’Emalmboards (Capital/Radio Immo).

Capital video: My tenant does not want to leave when I gave him leave, what to do?

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Landlord From an apartment in Créteil, in Val-de-Marne, Olivier wishes to recover it in order to live there. He informed his tenant last June, terminating the lease in the six -month legal deadline. Issue, “This deadline is sold and my tenant refuses to leave as long as he has not found another accommodation!”Olivier is panic, in the program “Le Grand Rendez-vous de l’Emal du Real estate” (Capital/Radio Immo). “What can I do?” Does my tenant have the right to do this? ”he asks.

First of all, “It should be verified that Olivier has given leave to his tenant in the rules. Admittedly, he is aware of the legal period of six months but The leave can only be given for the anniversary date From the signing of the housing lease, that is to say after three years in the case of a bare rental, respecting this famous period of at least six months before the end of the three years “recalls Ganaëlle Soussens, lawyer in Paris.

A procedure of several months

If Olivier acted well in the rules of the art, then, “No, his tenant is not allowed to stay in the premises after the expiration of the six -month period. The lease is terminated, the tenant no longer has a title allowing him to remain in the apartment ”underlines the lawyer. Which however warns Olivier: “You cannot dislodge your tenant yourself, it would be a criminal offense»». Olivier must therefore seize a protection litigation judge for “Make the reason for the termination of the lease and note this termination”Egrene Ganaëlle Soussens. Following what “The judge will order theExpulsion of the tenant by one court commissioner (The new denomination of bailiffs, editor’s note) ”she explains. If the tenant still refuses to leave, then the justice commissioner will ask for the assistance of the public force to the prefecture.

But how long will this procedure last? “”Several monthsthe jurisdictions being congested ”recognizes the lawyer. Who specifies that situations like those of Olivier are seen “Very very frequently”. Olivier has a chance in his misfortune: his tenant continues to pay the rent despite the termination of the lease.