The end of a lease coincides with the departure of the tenant of the house and the delivery of the keys. In some cases, this person does not release the place as it should. How to react to this situation? Are there any remedies available? And special cases? Point on the subject.
Tenant who does not want to leave at the end of the lease
The situation at the end of the lease: the rules to know
When a lease ends, the tenant is in the obligation to leave. The handing over of the keys and the writing of the inventory of the places of exit are an obligation. If he refuses to leave, he is in an irregular situation. He becomes an "occupant without title or title" even though he continues to pay his rent. In fact, even if he pays, it is strongly discouraged to provide a rent receipt in the sense that he no longer has the status of tenant.
How to make the recalcitrant tenant leave?
Faced with a tenant who does not want to leave at the end of the lease, it is necessary to apply to the District Court which can be seized in summary. Refereeing is an emergency procedure that has the advantage of being quick. The judge may request interim measures to quickly settle contentious cases. The District Court may decide on the leave, whether in the purpose of renting or selling housing.
In addition to confirming the tenant's leave "Rebel", the judge may also fix the amount corresponding to the occupation allowance. The payment then replaces the rent and the amount is similar or slightly larger. It is also possible to ask the Tribunal to evict the tenant.
When the court has rendered its verdict, it is a bailiff who will announce it to the tenant. The departure of the places will not be done however in the immediate: the tenant has two months to leave. If he has not packed his bag at the end of this period, he may be expelled by a bailiff (accompanied by a locksmith and law enforcement officials). It must be emphasized that the landlord can not do this kind of eviction on his own.
Attention, the expulsion can not take place during the winter break (between November 1 and March 15) except if it is a building struck by a danger order, a dangerous situation for the occupants.