- Expulsion procedure: the compulsory intervention of a bailiff
- Expulsion conditions based on the tenant's reactions
- Interdiction of evictions during the winter break
A landlord may terminate the lease when his tenant refuses to pay his rent and expenses at the appropriate time. This will result in the eviction of the tenant, which meets certain conditions and mandatory procedures. Explanations.
Expulsion procedure: the compulsory intervention of a bailiff
Although the expulsion procedure is engaged by the owner of the dwelling, it can not be implemented without the intervention of a bailiff.
- The officer may choose to announce his next visit to the tenant, without being forced to do so.
- The bailiff can come to the accommodation during working days of the week (Monday to Friday) and only between 06:00 and 21:00.
Warning: since March 27, 2014, the illegal evictions are liable to 3 years in prison and 30 000 euros fine. An owner-lessor proceeding to the expulsion of the tenant can therefore be brought to justice.
Expulsion conditions based on the tenant's reactions
1. The tenant is cooperative
The bailiff draws up a report establishing the inventory of the furniture and its location, before recovering the keys to the dwelling.
2. The tenant refuses access to housing
A report of "attempted deportation" is drawn up by the bailiff who calls on the police.
3. The tenant is absent
The police must accompany the bailiff to enter the dwelling. The latter draws up the eviction report, has the furniture removed and the lock is changed. Finally, a poster for the tenant is plastered on the door to warn of its prohibition to enter the premises.
Interdiction of evictions during the winter break
As a general rule, the period known aswinter break"(running from November 1 to March 31), prohibits the implementation of any expulsion.
To noter: only the decision of a judge can authorize the expulsion of a squatter during the winter break.
Exceptional cases where the expulsion is committed despite this truce:
- the dwelling rented by the tenant is located in a building subject to a peril order,
- the evicted tenant benefits from a rehousing consistent with his family needs.
To note: even during the winter break, any owner-lessor has the right to initiate legal proceedings opening on a subsequent eviction procedure.
Learn more about renting a home:
- Unpaid rent insurance: operation and conditions
- The framing of rents
- Rental management, opt for a management mandate