“My tenant produced false documents and no longer pays rent, what are my appeals?”

Duped by his tenant, who provided him with false wage bulletins to obtain the accommodation, and who no longer pays him the rent, Aline does not know who to turn. The advice of Ganaëlle Soussens, lawyer in Paris, in the program Le Grand Rendez-vous de l’Emalmboards (Capital/Radio Immo).

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Owner lessor From an apartment in Lyon, Aline sees all the colors with her tenant. A few months after signing the contract leaseshe ceased to pay the charges, deeming them too high. Now, it is the rent that she no longer settles. Icing on the cake, Aline has just discovered that her tenant provided her with a false employment contract and false pay sheets when applying for the rental announcement. At the end, Aline wishes to terminate the lease and have her tenant expelled from the accommodation. “How to proceed?”she asks, in the program Le Grand Rendez-vous de l’Emal du Real estate (Capital/Radio Immo).

“The most effective lever to activate is that of Failure to pay the rent»»replies Ganaëlle Soussens, lawyer in Paris. Certainly, Aline is furious to have been duped by the false documents produced by her tenant. But “Take a procedure lease termination And expulsion on the grounds of false documents, it will be complicated before a civil jurisdiction, I am not sure of the result. In criminal, the use of false is reprehensible but the procedure will be even more complex and long ”warns Master Soussens.

A slow procedure

“On the other hand, the reason for the non-payment of the rent is well bordered, it”she underlines. Unpaid rent allow the owner to involve a court commissioner – the new name of the bailiffs -, so that it will issue a command to pay to the tenant. He has six weeks to pay for his rental debt.

If he does not perform within this period, the owner may seize the protection litigation judge to ask him to condemn the tenant to pay his debt, note the termination of the lease under the unpaid rent and order his expulsion. In the event of a decision of the favorable judge to the owner, the latter must then ask a justice commissioner to signify it to the tenant and to issue him a command to leave the premises. “The path is all traced, it is in my opinion the simplest and most effective”summarizes Ganaëlle Soussens. While warning “The slowness of the procedure”.

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