How to evict a tenant quickly in France?
Lack of payment, home insurance or certain troubles can lead a landlord to consider evicting a tenant in France. This is governed by a fairly complex procedure and very well framed by the Code of Civil Enforcement Procedures. To speed up the process and quickly evict the tenant, many steps must be followed by the landlord. The latter may require the intervention of a professional in the sector such as Litigation. This accompanies the owner in all his steps and prescribes him valuable advice. Would you like to know how to evict a tenant quickly in France? Read !
Serving a command to pay
The first step of the tenant eviction process in France is that of the order to pay sent by a Bailiff. This is a legal act through which the lessor requests payment of his rental debt from the resident. It lists in detail the various unpaid monthly payments. These include, among others:
- rent,
- miscellaneous charges;
- grants and partial payments.
The order to pay grants a legal period during which the tenant must discharge his debt.
The law of July 6, 1989 in its article 24 fixes the date of payment of the unpaid at 2 months after its signature. To succeed in this stage of the process, it is necessary to appoint a bailiff specializing in the collection of unpaid rent. As a reminder, you will find the best in France on the platform Litige.fr.
You can also opt for an amicable settlement by sending a letter to the tenant. It is also possible to request the services of a conciliator or a mediator before requesting an order to pay. In reality, the French legal framework particularly protects tenants. The eviction process can be long if you use force.
So opt first for an amicable settlement. To benefit from services in this regard, you can also contact the professionals of litigation.fr.
Terminate residential leases and referral to court
Terminate the rental lease after an unsuccessful attempt at amicable collection or new unpaid debts. This stage of the eviction process must imperatively follow that of the order to pay. So remember that it would be counterproductive to want to do it first. You may be criminalized by doing so.
Do not hesitate to seek advice from a lawyer specializing in the settlement of rental disputes to assist you. It is also possible to appoint an expert capable of bringing you his expertise in the proper conduct of the process. You will find the best profiles at litigation.fr. These will be of great use to you in the termination of residential leases.
They are involved in the implementation of the termination clause included in the rental contract. They help you to seize the judge who is the only authorized to authorize the execution of the clause. After that, you must also proceed to the referral to the Judicial Court which authorizes the delivery of a summons to the tenant.
It is up to the judicial officer to take these steps. The latter will request a hearing with the Protection Litigation Judge who is the only person authorized to settle rental disputes.
Participate in the hearing called by the Judge
The Protection Litigation Judge convenes a hearing as soon as the application is placed with the Court Registry. The latter is responsible for inviting the various parties to the session in order to find out more about the dispute and to decide. At this stage of the process, he will seek to ascertain that the conditions are met for better execution of the termination clause.
Only then will he be able to terminate the lease contract. During the hearing he organises, he orders the resident to pay the rental debts. It can also proceed with the eviction of the bad payer if the conditions lend themselves to it. The session takes place in request and in defense.
Each of the parties presents their arguments as well as the supporting documents proving their various assertions. Representation by a legal expert is not really essential for this hearing. The judges address the complainants directly and decide on the sanction to be applied in accordance with the texts of the law.
Obtain the judge's decision to have the tenant vacate
At the end of the hearing organized by the litigation judge, a judgment is rendered. This allows landlords to obtain the decision to have the tenant leave the dwelling. It is at this stage of the eviction process that the landlord has the option of evicting the resident with complete peace of mind within 2 to 4 months.
He also obtains the right to request a refund of his monthly payments due. He can therefore call on one of the litigation.fr specialists to help him draft a payment commitment. This generally mentions the amount due, the different payment deadlines and the terms of payment.
The execution of the judge's decision requires the intervention of the bailiff. He is the only competent agent to carry out a forced application of the decisions rendered by the judicial authority. He makes sure that the tenants have taken note and that they are busy emptying the premises. He can force them to comply. In some situations, these are decided voluntarily.
Involve the police if the tenant refuses
In applying the verdict, the bailiff may use force to induce the tenant to leave the dwelling. You will get to this level of the eviction process when the resident refuses to comply. At this stage, the bailiff must send him a command to leave the premises. This is recognized by the Code of Civil Enforcement Procedures in its article L.411-1.
After a period of 2 months, the bailiff tries to evict the inhabitant who has become undesirable by his own means. If that fails, he can request the assistance of the police. Thus, he sends a letter to the police to keep them informed of the situation. To do this, you must write an attempt report to file with the prefecture.
He specifies in it that he needs the intervention of the police. The mail sent must contain all the formalities completed. It must also underline the difficulties with which the bailiff is confronted.
