- Tenant unreachable: seek an amicable solution
- Legal remedies against a tenant who does not respond
- The expulsion procedure
Your tenant is unreachable, no longer pay his rent, your neighbors complain of his behavior, urgent work to do in housing,... but you can not contact him and the situation is getting worse day by day? What are the solutions as lessor?
Tenant unreachable: seek an amicable solution
There are several solutions to try to solve the problem (s) amicably:
- Try at first to send a registered letter in acknowledgment of receipt to solve the problem between two well-behaved people.
- Request the departmental conciliation commission for disputes concerning rent, charges, repairs, inventory, deposit, etc.
- Warn the mayor of the commune who is authorized to reprimand disturbances of the neighborhood untimely.
- Call on a conciliator of justice for a mediation between lessor and tenant
If you do not receive any feedback on your requests and no change or regularization has taken place in the meantime, you will have to resort to a legal solution.
Legal remedies against a tenant who does not respond
Several procedures are possible depending on the reason of the dispute:
- Subpoena: It is a lawsuit that the landlord commits to his tenant who will have to appear before the district court within a period of 2 or 3 months. The lessor can ask blocking tenant accounts until judgment.
- Thea declaration to the registry: For financial disputes below € 4,000, the lessor makes a request to the registry of the court to apply to the district court.
- The order for interim relief: In case of danger for the tenant following his refusal to carry out work to be done by the lessor, the court is entitled to be seized urgently for a quick decision but provisional.
- The injection to do: The lease provides for the completion of work incumbent on the tenant. When the lessor realizes that this is not done, he can ask an injunction to make the judge for disputes of € 7,600 maximum.
- The order to pay: For any dispute concerning the payment of rent as stipulated in the lease.
The expulsion procedure
Non payment of rent and charges or the security deposit, the non-subscription of an insurance, the disturbance to the neighborhood noted by court decision are reasons for the terms of the lease. Otherwise the lessor must make a request to a judge for termination of lease before the end of 3 years and prior to the introduction of an eviction procedure.
When the expulsion is prescribed by the judge, the bailiff issues a Injunction to the tenant to leave the premises within 2 to 3 months. After this period and without suspension grant to the tenant, the bailiff may proceed to the eviction of guests during working days from 6am to 21h, except holidays and during the winter break that begins on November 1 and ends on March 31.