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Landlord charges

Posted by infrance06 - Created: 6 years ago
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4 replies (Showing replies: 1 to 4)

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Posted by infrance06 - 6 years ago

Thank you for your reply it is very helpful. I do not want to stay beyond the agreed date and I am just trying to keep him informed and do the right thing. I do understand that he may be worried that I will not leave but that is not the case. I just may need an extra couple of weeks if possible. Thank you again for your advice.

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Posted by ChristopherL-188542 - 6 years ago

No the French law does not stipulate liability for such charges. You are being bullied but I guess we can understand his motives - he has set a precedent in allowing you to stay beyond the end of a long-term unfurnished lease. The de facto situation is that the lease is reconducted now. So you can see why he might have some concerns as you start slipping the June departure to end-July.
The Interesting details would be the exact procedure followed to serve you notice. Working back from the details you provide, you agreed to leave in June which is 2 months after when the lease would have expired (April). So did you receive WRITTEN notice no later than November 2011?
If the landlord did not serve the 6 months proper notice then he hasn't a legal leg to stand on and he could not really complain if you slipped your departure into July.
If however he did things properly, and this notice was amicably extended to June, then you are honour-bound to respect this. If for reasons beyond your control, your departure slips to July, then you are doing the right thing by letting him know as soon as you can. He doesn't have to accept that and can insist that you leave, but as said above, he has set a very important precedent by allowing you to stay already into June and he doesn't have any automatic right to charge you anything other than the rent. If he wanted to have incidental costs reimbursed, he'd have to get a court order for "dommages et interets". So it's more an issue of decency and respect for the agreements on your part but your decision shouldn't be compromised by pressure coming from his incorrect statements of law.

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Posted by infrance06 - 6 years ago

Thank you for your reply. I was given notice and it was agreed verbally (email confirmation) that I could stay two months pass the end of my lease.

I understand that I have no rights to stay here but I also do not want to be bullied when all I was doing was keeping him informed. I just want to know if I am liable in French Law, for his storage, removal and hotel costs if I am not able to move out on the 30th June. I want to reach an amicable agreement.

Thank you.

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Posted by Ras-214972 - 6 years ago

When (what date) is the formal end of the initial agreement, or else, when did you give notice to leave?
My understanding (for unfurnished rental) is that you have right to remain resident (and must pay the rent) until the end date of your tenancy agreement, or if you gave notice to leave prior to this date, 3 months after the date you gave such notice.
Note that if you are leaving on the actual expiry of the agreement (and you did not give written notice to leave earlier yourself), I think the landlord has to give you 6 months notice prior to the agreement expiry that he wanted you to leave, otherwise the agreement is renewable for another full term.
Until you specify more details about who gave notice to whom when, and the definitive agreement expiry date, then no one can give you actual advice. Please explain what you mean by "I agreed to leave at the end of June" - what paperwork (from you or from your landlord) do you have that confirms this? If it is just an agreement in voice, then the dates of your written tenancy agreement would stand should you contest.
If you would like to stay resident for say another month, for convenience, beyond the legally defined dates resulting the correct procedures, then you don't actually have legal right to do this and you should be prepared to pay what the landlord asks.