Rental: Can owners require the payment of rents in a peril building?

TESTIMONY. When a building is subject to a security order, its tenants can claim the suspension of the payment of rents. The owner of Fabienne was careful not to tell her.

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Decrepit facade, cracked balconies, broken tiles … In the Bouches du Rhône, the building where Fabienne has lived for 25 years for rent is so dilapidated that he has been the subject of a security decreethat is to say of perilfor several months, before carrying out work. “My apartment is dilapidated and he made 40 degrees in summer, his successive owners have never done work”she deplores. For 13 months, Fabienne continued to conscientiously pay her rentdrawing on her savings because she was unemployed. A fortuitous exchange with neighbors tells her that she no longer has to pay her rent, but only the Co -ownership chargesthe building threatening ruin.

“If the building is struck by a security order, the occupants of housing benefit from certain rights, in particular the suspension of rent”, Indicates the site of the National Agency for Information on Housing (ANIL). “You believe that my owner would have said it to me? “Fabienne storm. She then asked him for explanations: “He replied that he was not aware of the security order, that it was at trustee of condominiums to warn me and that he had not done his job! ”

Complaint for harassment and scam

The security order is not lifted, Fabienne then stops paying her rent and asks her owner to repay The 13 months of rental income which he unduly received. “The sums which should not have been paid must be returned to the occupier or deduced from the rents which it becomes again liable”read on the service-public.fr site. Fabienne’s owner has executed but “In his own way, without an official protocol, by reimbursing me in droppings, a little when he can or wants it”she is indignant.

On the other hand, he was very proactive when approaching the lifting of the security decree of the building. “He bombed me with emails and phone calls for months to tell me what date I will have to start paying the rent. He even got hitting my door ”Fabienne breathes. Frightened, she does not answer him. And leave his apartment for a few weeks to treat his mother. “My owner then sent me a bailiff To verify that I did not abandoned the accommodation ! “exclaims Fabienne. At the end, she began legal proceedings against him for harassment and fraud, her 13 months of industrial rents still not being reimbursed in full. “My lawyer told me I was sure to win”she breathes.