Testimony. Disputes between landlords and tenants are legion. If you have experienced any, do not hesitate to tell the Capital editorial team. Like Mélanie, without news of a tenant who left “at the bell.”
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– The tenant leaves “at the bell” when he abandons his accommodation without giving notice and generally stopping paying the rent
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Hard blow for Mélanie, owner lessor of an apartment in the Loire department. Her tenant left her accommodation without warning her and keeping the keys. A departure says “with the wooden bell“. “Of course, she doesn’t pay the rent anymore either!”Mélanie is alarmed. “According to neighbors, she found a friend in the North and went to join him, with her children. I sent a letter to the Family Allowance Fund, who replied that she had indeed moved. That’s all I know because she doesn’t answer my calls.”sighs the owner.
She fears that her tenant could despite everything “keep her home, to the extent that she has left part of her property there.” In the absence of notice departure in due form, with a set of keys missing and some of the tenant’s belongings still in the apartment, how can Mélanie hope re-rent his property? “I’m at an impasse”she worries.
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Rental empty or furnished?
When an owner has reason to believe that his tenant has abandoned the accommodation, the process for regaining possession of the premises differs depending on whether the property is rented bare or furnished, indicates the service-public.fr website. In the case of furnished accommodation, the lessor must appeal to a judge to obtain the termination of the lease, for unpaid debts, and request the eviction of the tenant. If the property is rented empty, the owner must charge a justice commissioner – the new name of the bailiffs – to deliver to the tenant a formal notice to justify that he occupies the accommodation. In the event of unpaid rent, the justice commissioner may integrate the formal notice with an order to pay. The tenant then has one month to respond.
Without a response at the end of this period, the justice commissioner may note the abandonment of the accommodation. To do 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 actually appears abandoned, the justice commissioner draws up a abandonment report. If goods, for example furniture, have been left behind, as in Mélanie’s case, he draws up an inventory and indicates their market value.
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A justice commissioner is responsible for the recovery of housing
The owner must then enter the protection litigation judgeon request delivered or addressed to the court registry of the place where the rented accommodation is located. The judge makes his decision by order. If he rejects the owner’s request, the latter cannot challenge the judge’s decision. But he can initiate proceedings to terminate the lease for unpaid debts and request the eviction of the tenant. If, on the contrary, the judge considers that the owner’s request is well-founded, he notes the termination of the lease and orders the resumption of the premises. When the accommodation still contains goods and as long as the tenant has not removed them within one month, the judge may authorize the sale at public auction of part of them, on the basis of the inventory established by the commissioner of justice, and declare the others abandoned.
At the same time, from the moment the judge recognizes the merits of the owner’s request, the latter has two months to instruct a justice commissioner to serve the order on 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 finds that the owner’s request is abusive, the owner may be fined a civil fine of up to 10,000 euros.
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A way of the cross for owners
If, on the other hand, the tenant does not contest the order, the owner must instruct a court commissioner to repossession of the property. To do this, the justice commissioner goes to the accommodation and draws up a report of resumption of the premises, which will be given to the evicted tenant. A real way of the cross.
If you too are experiencing difficulties in your relationship with your landlord or tenant, do not hesitate to report, anonymously if you wish, to the editorial staff of Capital.
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