- The payment of rent: a duty
- First step: amicable recovery
- Another solution: Departmental Conciliation Commission (CDC)
- Second step: formal notice
- What to do during the winter break?
An unpaid rent places an owner in a very delicate position. It is therefore essential to find a solution as soon as possible, before the situation worsens. At first, it is better to find an amicable agreement. But if this first step does not work, we must make a revival (or more), the case may ultimately be brought to court. How to make a recovery in case of unpaid rent?
The payment of rent: a duty
First, we must remember that the tenant is in the obligation to pay rent and the various burdens incumbent on it in respect of the terms of the lease contract. In general, the payment is made at the beginning of each period, at the beginning of the month most often. In case the tenant does not pay, the owner is entitled to act. If the situation persists, it is even possible to terminate the lease. Nevertheless, there are some steps to follow beforehand...
First step: amicable recovery
At first, the owner undertakes an amicable recovery. This action can be done by phone, by e-mail or by sending a simple or registered letter A / R. The objective is then to ask for explanations, but also and especially to find together a solution to recover the unpaid. Different decisions can be taken in the context of a recovery for unpaid rent: stagger the payment, appeal to the joint surety, terminate the lease...
In the event that both parties reach an agreement, the terms of the agreement will be carefully recorded in writing, the document to be signed and dated by the lessor and the tenant.
Another solution: Departmental Conciliation Commission (CDC)
This Commission is involved in all disputes concerning landlords / tenants. The role of the conciliator of justice is to try to mediate between the two parties before launching a judicial procedure. The coordinates of the CDC is at the prefecture of your department. This solution often makes it possible to find an amicable agreement and a solution to the dispute.
Second step: formal notice
In the event that several amicable reminders prove to be unsuccessful, the landlord may (must) send a letter of formal notice to his tenant in order to remind the tenant of his duty to pay the unpaid rent. This is an unavoidable step before eventually bringing the case to justice.
Sometimes the lease provides for a clause of termination of right of the contract in the event that the tenant fails to meet his obligations (in this case the payment of rent). The owner may request a bailiff to send a "command to pay" to the tenant at fault. The tenant then has a period of two months to react. In this case, the owner may apply to the judge of summary proceedings. The lease can then be terminated and the tenant evicted.
What to do during the winter break?
In accordance with Article L613-3 of the Construction and Housing Code and Article L412-6 of the Code of Civil Enforcement Procedures, the winter break takes place every year November 1 to March 15 or March 31 of the following year.
During this period, the tenant is protected and the owner does not have the right to evict him. But this measure does not prevent the lessor from continuing to carry out the administrative procedures.