If the eviction hangs in the face of bad payers, the state has however provided several protections.
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IStock / City Presse
In the event of unpaid rent, the first instinct of the lessor must be to enter into a dialogue with his tenant and his surety in order to find an arrangement.
If the occupant benefits from housing assistance, it is also necessary to notify the Family Allowances Fund, which will initiate a default procedure as soon as the debt reaches two months' rent excluding charges.
Another possible recourse is to appeal to a court conciliator to formalize an agreement on the spread of reimbursement.
None of this worked?
We will have to obtain a court decision.
Direction litigation
More than 110,000 requests for rental evictions are filed each year in the courts, most often due to unpaid rents.
Depending on the rental contract, two procedures are possible.
First case the resolutory clause.
Most current rental contracts include this clause, which stipulates that the lease is automatically terminated at the slightest unpaid rent or charges at the agreed deadline.
To make it play, a bailiff must send the tenant a command to pay specifying the sums due.
The debtor then has two months to settle the invoice or to request a delay in payment from the judge.
If he gets in order on time, he can stay in the premises.
Otherwise, the owner must apply to the judicial or local court (former district court) for a court decision to note the termination of the lease and pronounce the eviction.
When there is no termination clause, the procedure is more or less the same except that the bailiff directly assigns the tenant before the court.
And in either case, the judge can grant time limits for payment.
The firing
Even if the lessor wins the case before the judge, that does not allow him to put the bad payer out.
Prohibition to use force or to take advantage of its absence to change locks.
Since the Alur law, the owner who tries to carry out the eviction himself is liable to three years in prison and a fine of 30,000 euros.
If the tenant does not leave of his own free will, it is again necessary to go through a bailiff to send him a command to vacate the premises.
Upon receipt, the occupant has two months (up to three months by decision of the judge) to leave.
At the end of the period, the bailiff will come to the home to take an inventory of his furniture and tell him where they will be deposited before collecting the keys to the accommodation.
If the occupier opposes it, the police will intervene.
An additional respite
Even when the court decision has been rendered and the time limit for the order to vacate the premises has been respected, there is still protection for the tenant.
In fact, for the eviction to be legal, the bailiff must be at home between 6 a.m. and 9 p.m. during working days and outside the winter break, which runs from November 1 to March 31 each year.
If the expulsion procedure is initiated or ends during this period, it will therefore be necessary to wait for the end of the truce to make it effective.
The winter break does not apply when a rehousing corresponding to the family needs of the tenant has been provided for with the eviction or when the accommodation is located in a building subject to a peril decree.
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A link with over-indebtedness
Since March 1, 2019, rental eviction and over-indebtedness procedures have been coordinated.
Therefore, if you have referred to the Over-indebtedness Commission because you are no longer able to settle your debts and your case has been accepted, the decision of this body prevails over that of the judge.
So you cannot be fired while this organization is looking for a solution.
Rights
Housing
Justice
Rental
Expulsion