Unpaid rents: an owner obtains 27,000 euros in compensation from an agency and a bailiff

A recent decision of the Paris judicial court sentenced a real estate agency and a court to compensate an owner, on the grounds of failing rental management.

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Check it solvency A candidate for a real estate rental is a priori a basic rule. However, failing to have correctly proceeded to this verification, a real estate agency was recently sentenced by the Paris judicial court to pay Almost 30,000 euros to the owner of a accommodation. A few months after the signing of a lease with a tenant chosen by the agency, he began to pay the rent late, then simply ceased to pay him. Despite the sending of commands to pay by a court commissioner, the rental debt continued to accumulate and the expulsion procedure initiated by this same bailiff could not succeed before the winter truce. Which prohibits rental expulsions Between November 1 and March 31.

Mrs. N. criticizes the real estate agency for having insufficiently verified the solvency supporting documents provided by the tenant and, to the justice commissioner, for having delayed to carry out the expulsion procedure. Accusing them both “Failive management of the mandate of rental managementhaving led to a loss of chance to perceive rents and the worsening of a rental debt ”she asks that they be ordered to pay him unpaid rents, ie 24,432 euros, as well as a Compensation for bailiff fees and replacement of the lock.

Insufficient speed of the agency to recover unpaid

In its judgment, the court confirms that the agency “Did not carry out the diligence required to verify the solvency (of the tenant) and omitted to act with speed in the management of unpaids, which directly caused theIncrease in rental debt»». “The real estate agent is required to carry out serious verifications of the solvency of the tenant, according to article 22-2 of law n ° 89-462 of July 6, 1989”recalls on his blog the law firm Neu Janicki, who spotted this decision of the Paris court.

In this specific case, “The agency was satisfied with two documents which do not make it possible to establish a sufficient financial capacity to ensure the payment of rents over the duration of the lease”, he points out. Worse, it transmitted to the insurer “of the inaccurate information concerning the tenant’s incomewhich led to the refusal to take care of the unpaid rent guarantee ” that the owner wanted to subscribe. And, after the start of the unpaid, “The agency did not act with the expected speed to implement the actions necessary for the recovery of rents and the termination of the lease”.

Bailiff failure

As for the justice commissioner, he “Laded in the service (to the tenant) and the execution of the expulsion procedure despite the many reminders of Madame N”we read in the judgment of the court. “The bailiff in charge of the expulsion procedure was also failingletting out several weeks between each act ”specifies Neu Janicki.

These breaches of the Agency and the Commissioner of Justice “Trained a loss of luck to perceive the sums due and aggravated the financial damage of the plaintiff (Madame N.) ”confirms the Paris court. Who therefore condemns the real estate agency and the court commissioner to pay the owner the requested sum of 24,432 euros, as “The loss of chance of perception of rents”. Added to it 2,441 euros for bailiff fees and 435 euros for replacing the lock. Or a total of 27,308 euros.