“My tenant left without warning by keeping the keys, it is impossible to relocate!”

TESTIMONY. The winter break ends this Monday, March 31, signifying the resumption of rental evictions. One end to which Mélanie is constrained, without news from a tenant who left “with a wooden bell.”

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Hard blow for Mélanie, owner lessor From an apartment in the Loire department: his tenant left his accommodation without warning her and keeping the keys. A said departure “bell». “Of course, she no longer pays rent either!”is alarmed by Mélanie. “According to neighbors, she would have found herself a boyfriend in the north and left to join him, with her children. I sent a letter to the family allowance fund, which replied that she had actually moved. That’s all I know because she doesn’t answer my calls ”sighs the owner.

She fears that her tenant can still “Keep her accommodation, insofar as she left part of her property there.” In the absence of notice starting in good and due form, with also a missing set of keys and part of the tenant affairs still in the apartment, how can Mélanie hope rejoice His good? “I am deadlocked”she worries.

Empty or furnished rental?

When an owner is justified in thinking that his tenant abandoned the accommodation, the approach to regain possession of the premises differs depending on whether the property is rented naked or furnished, indicates the service-public.fr. In the case of a furnished furnished, the lessor must call on a judge in order to obtain the termination of the lease, for unpaid, and request the expulsion of the tenant. If the property is rented empty, the owner must load a court commissioner – the new name of the bailiffs – to issue the tenant a formal notice to justify that he occupies the accommodation. In the event of rent unpaids, the justice commissioner can integrate the formal notice in a command to pay. The tenant then has one month to answer.

Without response to the end of this period, the justice commissioner may see the abandonment of the accommodation. For this, he must enter the premises in the presence of two witnesses, namely the mayor of the municipality or a municipal councilor or an authorized municipal agent, and a police or gendarmerie authority. If the accommodation seems to be abandoned, the justice commissioner draws up a abandonment. If goods, for example furniture, have been left on the spot, as in the case of Mélanie, it draws up the inventory and indicates their market value.

A justice commissioner is responsible for the resumption of housing

The owner must then enter the Protection litigation judgeon Request given or addressed to the registry of the court of the place where the rented accommodation is located. The judge renders his decision by order. If he rejects the owner’s request, the latter cannot contest the judge’s decision. But he can initiate a procedure to terminate the lease as unpaid and request the expulsion of the tenant. If the judge believes that the owner’s request is founded, he notes the termination of the lease and orders the resumption of the premises. When the accommodation still contains goods and from the moment the tenant did not withdraw them within one month, the judge may authorize the public auction of part of them, on the basis of the inventory established by the justice commissioner, and declare the other abandoned.

At the same time, from the moment the judge recognized the merits of the owner’s request, the latter has two months to charge a court commissioner signify the tenant. An order that the tenant can contest within one month. In which case the tenant and the owner are summoned by the judge to a hearing. If the court notes that the owner’s request is abusive, the latter may be sentenced to a civil fine of up to 10,000 euros.

A Stations of the Cross for the owners

If, on the other hand, the tenant does not dispute the order, the owner must charge a court commissioner of the Resumption of possession of the property. To do this, the justice commissioner goes to the accommodation and draws up a report on the recovery of the premises, which will be given to the expelled tenant. A real way of the cross.

If you too are having difficulties in your relationship with your owner or your tenant, do not hesitate to testify, anonymously if you wish, to the editorial staff of Capital.