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Posted by cappy-300589 - Created: 6 years ago
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8 replies (Showing replies: 1 to 8)

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Posted by job-212223 - 6 years ago

Please someone tell me why the law is totally on the tenants side in this country (as well as other countries). I sent the huissier three times to our apt where the tenant has not paid his rent now since last november and then finally went to court last month to try and get him out. We now have to wait for the judgement to be passed on the 15th May. Is there anything we can do to make him leave as this just seems to be going on and on!!!!! Its just not fair that people who blame the crisis on not being able to get work can live rent free in an apt using our electric and water!!!!!!!!!!!!!!!!!!

Angry, Juan Les Pins

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Posted by nissalabella - 6 years ago

It's important that at least six months before the end of the contract, you send your tenant a registered letter with "accusé de réception". You need to make sure you send one letter per tenant listed in your lease, ie if it is under Monsieur et Madame, both need to be advised separately. This is the first part of the action. Then, 2 weeks after they were due to leave, and they didn't, you need to contact your local bailiff (huissier de justice) together with all relevant papers concerning your tenants. Please bare in mind that there are only 3 reasons for you to want the flat back : 1. they don't pay the rent - it doesn't count if they pay late -, 2. you need to live in your flat, and 3. you want to sell the flat.
By the way, is the flat furnished? This is an important matter because it could be under a 12-month lease contract, you need to check with the agent who did the transaction. BTW, equipped kitchen and/or bathroom don't qualify for "furnished".
Hope this helps, don't despair, we had to implement several actions thru tribunals, bailiff, lawyer, name it, but it was for an unpaid rent and, finally, after 18 months we got the flat back, in a very poor state...
Good luck and don't hesitate to contact us if you're in need of further information.

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Posted by mayperle - 6 years ago

Hi,Is it a furnished or empty flat?If it is empty, you can get it back in 6 months if you send a letter saying you want it back for yourself. If it is furnished you may have to wait... But a 3 yr furnished lease is strange...

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Posted by WizardofOz-226715 - 6 years ago

We had the same problem. No you CANNOT break the lease " if a familly member needs the accomdation" - you can only use that as a reason not to RENEW another three year lease!! (they can sue you and win if you put new tenants in instead). And the notice period is 6 months on a three year lease NOT 3 (that's how we got stuck with our tenants for a further two years.....
Make sure you give the notice through a Huissier if you think there are going to be problems - otherwise they may refuse your lettre recommandé or just not go to the post office to pick it up = you have missed the 6 month deadline - again.
Good luck!

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Posted by cappy-300589 - 6 years ago

There is no answer to the problem apart from waiting until the end of the lease, I understand this, I just thought I would pose the question in case there was someone who knew something I didn't.
Thanks for your replies.

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Posted by cappy-300589 - 6 years ago

I did the tenancy through an agent that I trusted, and the three year lease was not explained to me....I would have prefered a one year lease...now I am stuck with it....

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Posted by Redbull-305003 - 6 years ago

Every time they are late on payment you must send a letter recommnde / accusse d'reception and you can break the lease if a familly member needs the accomdation,but if you have signed a 3 year rental this can take up to 6 months, during October to March you cannot remove tenants.

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Posted by eurokiné-187861 - 6 years ago

try your local ADIL office, but I dont know if you will be able to oblige them to leave if their lease is nowhere near finished.
The rules over here are heavily biased to protect the tenant, and you can usually only enforce notice that has been given 3 months before the end of the lease (by recommended letter with accusée de reception)