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Legal Advice needed please!

Posted by mickyp-247779 - Created: 6 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by ChristopherL-188542 - 5 years ago

This topic has arisen several times over the years on AngloInfo and unfortunately some of the older discussion threads are not available any longer.
I remember once where the owner was convinced (against his better principles) to "help" the tenant to leave by paying him cash. The main argument was put frward by a person who had experience in repossessions and was quite fascinating. This led to a further discussion about the ethics of rewarding bad behaviour etc, etc. BUT the really interesting part was the owner coming back at the end of the discussion with an analysis of how much it cost him to ease the tenant out this way compared to how much he had already lost/spent and how much more loss/expense was likely to be on the way. Sometimes it helps to look at these sorts of options.

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Posted by job-212223 - 5 years ago

Just out of interest, say like you relied on the rental income to pay the mortgage on the property , what would happen then if the 'owner' couldn't make the repayments and gave the property back to the bank, how would the tenant stand?Also has anyone used any other method of getting rid of a non paying tenant?

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Posted by Beswick-279908 - 5 years ago

Please contact your nearest A.D.I.L first. They are there to help tenants and owners alike with disputes- and that is their sole purpose as a government agency. As has already been mentioned, you have to get the ball in motion before 15th November.

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Posted by Methuselah-217505 - 5 years ago

On average, yes that is more than she's paying and would be a help. I will certainly look into that. Thank you!

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Posted by Lots-322716 - 5 years ago

If she is on housing benefit, as I previously stated, report it anyway and they will make the payments to you direct. For a single mother with a child it's around 344 euros a month - is this more than the amount she's paying now?

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Posted by Methuselah-217505 - 5 years ago

Methuselah, if she is in receipt of housing benefit report it to the CAF who will stop her housing benefit

Thanks for the advice, appreciated, but I don't see how that will help, in fact it may even compound the problem as she is paying a very small amount every month (I didn't mention this), but way below the actual rent and the arrears are increasing.

Fortunately, it's not my problem as it's not my flat, I'm looking after it for a relative.

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Posted by Lots-322716 - 5 years ago

Methuselah, if she is in receipt of housing benefit report it to the CAF who will stop her housing benefit. If you don't know if she is, take your tenancy agreement to the CAF with copy of her ID (presuming you took one which is standard for landlords) and they will invesitage it.

Note of caution to everyone (excuse the pun) ALWAYS get a caution/guarantor for anyone not on a CDI (permanent contract) regardless of what they tell you/show you. For anyone else, if the tenants don't have a permanent work contract, ask if they are on housing benefit and if they are, insist that the payments are made direct to you from the CAF.

For everyone else, don't go near any tenants with a 9km long barge pole unless they agree to someone to guarantee the rent should they default.

Incidentally, the end of a 3 year agreement can only be terminated if 6 months' notice is given and this has to be because you have sold the property (not put it up for sale) or need to take it back for self-occupancy for yourslef or members of your direct family ... so basically a nightmare to get them out.

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Posted by Methuselah-217505 - 5 years ago

I could have written the same words as job in respect of a flat in Antibes. The tenant is a single mother with a young son, poor boy, which makes it even more difficult to get them out. She has woven many stories of woe as excuses for not paying the rent, she is several months in arrears and has been for two years, and although the end game is nearing, it is clear that the law is heavily loaded in favour of the tenant.

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Posted by job-212223 - 5 years ago

True, the legal process is kicked off by a huissier as I find myself in this situation at the moment. I have a tenant who has not paid his rent since last november, hired the huissier, went to court to get the expulsion order in May and the low life tenant is still in my apt not paying. My huissier supposedly went to the apt yesterday to 'ask' my tenant to leave (what a joke)!! If he doesn't then he goes back in two months time with the gendarme to ask him again. If we don't get him out by november he will be there until march 2013 living rent free!!!! The law here is just ridiculous, where are the 'owners' rights, it seems like tenants have every right in the world and there is nothing I can do to get this piece of scum out of my apt.

It has been very costly so far with the huissier asking for cheques here and there for 400 euros each time, so be warned these people are not cheap to hire.

Good luck!!!

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Posted by Lots-322716 - 5 years ago

For non payment of rent (which is pretty much the only just cause for evicting a tenant in the summer months) you have to have a letter delivered personally or LRAR by an huissier de justice not a lawyer. Two months after this, if outstanding rent is still unpaid proceedings will start via the tribunal for eviction, instigated by the huissier. The court will, if d'accord, give the tenant a further 2 months to quit so all in all it takes a minimum of 4 - 5 months to evict tenants during the summer months for non payment of rent.

Not sure what you mean by the tenant has been in breach of the contract in respect of occupancy ... non payment of rent is pretty much all you can evict for and in the winter months from September until March you can't even do that so you'd better get your skates on!

As previously posted, don't chuck money at a lawyer. The eviction process is kicked off by the huissier.