- What is a rental overdraft clearance plan?
- How to set up a clearance plan?
- What remedies are possible in case of unpaid balance of the clearance plan?
The plan for the settlement of an overdraft for rent is an amicable solution, accepted jointly by the owner-lessor and his tenant, which allows him to gradually settle his debts for unpaid rent. Definition, implementation and remedies in case of failure of the audit plan... to be followed in this article.
What is a rental overdraft clearance plan?
The expression "clearance plan" is synonymous with planning for the repayment of a debt.
In the rental business, it is used to solve unpaid rent problems:
- the debt contracted may be absorbed by the lessee, who is bound by the plan of discharge established by mutual agreement with the landlord.
- this solution amicably allows the tenant organize your refund by preventing the owner from taking legal action against him.
To note: the audit plan rent can be set up after the landlord has sent a relaunch to his tenant.
How to set up a clearance plan?
The plan of discharge must be formalized in writing:
1. The header specifies the addresses of the owner and the tenant,
2. The first paragraph declares the tenant's commitment to follow the discharge plan in order to repay his debt (the date of unpaid debts must be specified).
3. The body of the text includes the clearance plan itself, detailing the amounts to be reimbursed each month.
4. The footer is reserved for the date, place of writing and signatures of both parties.
The clearance plan document must be printed in two copies to that tenant and lessor owns each his own.
What remedies are possible in case of unpaid balance of the clearance plan?
If the plan of discharge fails in the absence of payment of the tenant, the landlord then has certain remedies.
- The seizure of the departmental commission of public housing subsidies (CDAPL) when the tenant is beneficiary of the APL. The landlord thus receives the aid himself to the detriment of the tenant.
Warning: the seizure must occur at most 3 months after the first unpaid. Otherwise, and if it affects the aid directly, the owner will be forced to repay APLs for unpaid months.
- As a last resort, the dispute may be brought before a district court.