Currently browsing: expulsion

Obligation de relogement du locataire âgé

relogement du locataire

Décision du Conseil Constitutionnel Lorsque votre locataire a plus de 65 ans et dispose de ressources modestes, il est important de savoir que vous ne pouvez pas simplement lui donner congé sans lui proposer un logement adapté et situé à proximité. Cette règle du relogement du locataire âgé et modeste, jugée conforme à la Constitution par le Conseil constitutionnel, a récemment été confirmée. Les possibilités de reprendre un logement donné en location : Si le bail de votre bien locatif arrive bientôt à son terme et que vous ne souhaitez pas le renouveler, la loi vous autorise à le résilier […]

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State of health emergency: consequences on commercial leases - covid rent

covid rent

Faced with the worsening spread of the Covid-19 epidemic, a new state of public health emergency was declared as of 17 October 2020. A law published in the Official Gazette on 15 November 2020 authorised its extension until 16 February 2021 inclusive. This measure follows on from the first state of emergency that had been established throughout the national territory on 24 March 2020 with the publication of the Emergency Act of 23 March 2020 to deal with the Covid-19 epidemic. It was extended until 10 July 2020 by the Act of 11 May 2020. This time, it is the law [...]

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Squat: what to do?

squat what to do

The case of this young man from Toulouse, whose house was squatted while he was confined to his parents' home, was covered by the media and made most people aware that the law, by dint of wanting, rightly so, to protect the weakest, can create absurd and dramatic situations. In case of squatting: what to do? As a reminder, on March 31, 2020, the newspaper La Dépêche reported the misadventure of this young boy, a student in Toulouse. He had gone to his parents' home in the Hautes-Pyrénées before the confinement and soon realized that an intruder was occupying his home in [...].

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The takeover by the lessor of the dwelling abandoned by the tenant

Abandoned dwelling

A procedure that has been considerably relaxed by the legislator is the takeover by the lessor of a dwelling abandoned by its tenant without prior notice. It is indeed not uncommon to see tenants, often after a period of non-payment of rent, leaving their homes without warning and abandoning the premises. The procedure to take back the abandoned dwelling is done by the intervention of a bailiff and has been accelerated since 1 June 2012. Indeed, whereas it was until then necessary to summon in eviction, the law of July 6, 1989 was [...].

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Winter break: homeowners, what can you do?

winter break

On 1 November, evictions stop for five months. Tenants get a break, but during this time landlords often find themselves at a loss during the winter break. Here we answer their questions. My tenant is not paying my rent this winter: what can I do? (Mireille D. Paris 17) The winter truce only concerns the eviction itself, i.e. the actual removal of an occupant from the accommodation. If your tenant does not pay his rent this winter, you are not at a loss. On the contrary, we will be able to start the eviction procedure, which will be carried out by a court.

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The fate of the lease in the event of separation of the tenants

Un bailleur a généralement tendance à privilégier un couple ou une famille en cas de location.  Gage d’une vie plus stable et souvent deux salaires sont des éléments de nature à rassurer le propriétaire en quête « d’un bon locataire ». Mais qu’en est il du sort du bail en cas de séparation des locataires ? Même si le nombre de divorces baisse ces dernières années, les statistiques prouvent qu’un couple a malheureusement de grandes chances à notre époque de séparer puisque 334 divorces sont prononcés chaque jour en France. Contrairement à ce que l’on pourrait pense, les droits ne sont pas […]

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How to become a bailiff: what books are required to pass the pro exam?

devenir huissier : quels ouvrages

Une fois n’est pas coutume, nous allons parler de l’examen professionnel d’huissier de Justice et des ouvrages pour réussir l’examen pro. Si vous êtes sur le point de passer l’examen professionnel d’huissier de Justice (l’examen « pro ») comme on dit, il est des ouvrages indispensables à avoir lus. Les codes Impossible de ne pas avoir des codes à jour. En effet, il est tout à fait possible d’être interrogé sur un point précis qui a précisément fait l’objet d’une réforme. Seul un code à jour peut vous éviter de tomber dans le piège… Alors… Dalloz, ou Lexis Nexis : lequel choisir […]

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Arrêté de Péril : the intervention of the bailiff

Contrary to the classic expulsion procedure, administrative decisions, and in particular municipal decrees of danger or insalubrity, are not subject to the provisions of article L411-1 of the Code of Civil Enforcement Procedures. Indeed, the very wording of this article makes it possible to dispense with the eviction procedure in the case of an eviction from a building following a danger or unhealthy order. Article L411-1 of the Code of Civil Enforcement Procedures reads as follows: Unless otherwise provided for, eviction from a building or inhabited place may only be prosecuted pursuant to a court decision or an enforceable conciliation report and after service of a summons [...].

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Expulsion of Travellers: when they take over your land

Act No. 2000-614 of 5 July 2000 on the reception and housing of Travellers provides that the communes shall participate in the reception of Travellers, and that the départements shall provide for a departmental reception scheme, in which all communes with more than 5,000 inhabitants shall participate. However, in the absence of a solution, it is not uncommon for Traveller communities to illegally occupy a piece of land, whether public or private. In this case, it is better to have what to do to quickly arrive at the expulsion of Travellers. We tell you what to do when you realize that they are taking over your land. The first [...]

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the protected elderly tenant

The elderly tenant, protected by the law of July 6, 1989, has had his plan modified time and time again. This protection has been reinforced since the ALUR law of 27 March 2014. The law of August 6, 2015 modified the rules once again. A short overview of the protection of the elderly tenant, and an update on certain preconceived ideas. Before starting, a brief review of the previous protection regimes: The Act of 6 July 1989 provided that to benefit from protection, the tenant must be over 70 years of age and justify [...].

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My tenant has disappeared: what can I do?

If your tenant has disappeared from the dwelling he or she occupies, you cannot take over the dwelling yourself. Nor can a bailiff take over the premises without following the specific procedure provided for in this case. Indeed, a quick procedure has been created to allow landlords to take back the premises abandoned by the tenant. When elements suggest to the landlord that the dwelling is abandoned, he must send his tenant a formal notice to justify that he is occupying the dwelling. Order to have to justify the occupation of the premises A bailiff's act [...].

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Rental: What proof should you ask your tenants for?

Rentals: what kind of proof? When looking for a tenant, owners who manage their property themselves (and we can never insist enough on the fact that professionals manage properties better than private owners) ask for supporting documents from prospective tenants. But do you know which supporting documents you are entitled to ask for, and which ones you are not allowed to ask for? If you have chosen to avoid going through a real estate professional, such as a bailiff who can manage your property, do not give in to the temptation to [...].

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New Year, new skill(s)!

Happy New Year 2017! In this time of celebration and renewal, we send you our sincere wishes for happiness and prosperity. For our study, we have been preparing for the great changes of the year 2017 for a year now. In order to serve you better, we are now competent, for all your service of documents or any execution, on the jurisdiction of the Court of Appeal of Versailles, namely : - The department of Yvelines -78 - The department of Hauts de Seine -92 - The department of Val d'Oise - 95 - And also the department of Eure [...]

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Diogenes Syndrome: Owner's Anxiety

The name "Diogenes syndrome", adopted in 1975, refers to Diogenes of Sinope, a Greek philosopher of the fourth century BC. Although his aim was to live as close to nature as possible (i.e. outside the culture of Greek civilisation) and he followed certain restrictive exercises in order to achieve greater freedom, we know him mainly for the life he led against all social conventions. Although the motivations involved had nothing in common, it was this unusual and even shocking life in the eyes of society, which found it hard to imagine that anyone could live in an overturned jar or practise medicine.

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First unpaid rent: what to do?

This is a situation that individual landlords are not prepared for: the first unpaid rent. While the rents were paid regularly, here we are on the 12th of the month and the rent is still unpaid. We are going to see together the good reflexes to have, whether it is a commercial lease or a residential lease (furnished or not). First thing to do: contact the tenant Indeed, whatever the cause of the delay, an immediate dialogue is necessary. This will show your tenant that you are following your accounts, that you are paying attention to the regularity of the payment of the rent. […]

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