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Bad tenant

Posted by Arcades32 - Created: 4 years ago
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7 replies (Showing replies: 1 to 7)

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Posted by 52xmax - 4 years ago

I'm just sending you the contact info for a huissier in Antibes via email. 

I'm also sending you my email and phone contacts.

 

cheers !

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Posted by job-212223 - 4 years ago

Morning,

I have been in this situation more than once and had to go down the legal route of hiring a huissier to expel the tenant, you will have to go to court  also for the judge to issue the expulsion order. Il am in the same place again now with another tenant so I sympathise completely. You are not allowed to change the locks or even harass the tenant by going round there, ( as we learnt !) they have all the rights incredibly. So unfair that the landlord has no rights in this country.

The huissier will cost you over a grand to get this sorted but its the only way ( unless you know a couple of ' heavies')!!

good luck

 

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Posted by Arcades32 - 4 years ago

Hi 52max,

Its a furnished studio on a 12 month lease direct to the tenant (who we inherited when our former tenant sub let without our knowledge) we don't know if he's still there, my husband is having to take time off work to go over to find out.

We don't even have keys because our former tenant had the locks changed(said he lost his keys) and despite us repetedly asking for spare keys, we never got them.

Are we within our rights to use a locksmith to enter the apartment to see if its being occupied! And change the locks?

Any help with the hussier would be greatly appreciated, could you tel me what he would be expected to do?

Thanks for you reply

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Posted by laughingboy-409220 - 4 years ago

You will have to get your skates on if you want to try and get them out before 1 November. If you miss that, you can't make them leave until mid-March. But at least you can go through the legal process and get the court order ready for next March.

Hope it doesn't ccome to that, but unfortunately that may be why the tenant has chosen this time of year to stop paying, because they are counting on you missing the 1 Nov deadline for eviction.

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Posted by 52xmax - 4 years ago

You can try a registered letter but either they just don't collect it and it comes back to you undelivered, or they accept it but do nothing. Then you need the huissier but by now you have lost another month ... it a long process anyway without adding more delay ....

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Posted by ESS-209984 - 4 years ago

You should start by sending a letter to them, recorded delivery.

If you speak any French, you can find the formats on various websites, normally free, or else a couple of euros.

Good luck, we have been there, and it is a nightmare.

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Posted by 52xmax - 4 years ago

hi Arcades, you don't say if the flat is furnished or not, not the type of lease, nor if you rented direct to the tenant or used a property agent. And I assume you know the tenant is still there, ie not just left without paying. 

There is a precise procedure to follow, the first step of which is to get a hussier to issue a 'commandement de payer'. You can see a list of huissiers here http://www.huissiers-justice-06.com/francais/annuaire.htm but I do not know if any in Antibes speak english. Perhaps someone else knows this ? If no one answers, I can always just check this point for you by calling and asking ....

If the tenant won't respond to you, the hussier is the basic starting point.