Abandonment of housing and recovery by the lessor

Presentation: To return to rented accommodation, the landlord must normally resort to deportation proceedings. However, since Law No. 2010-1609 of 22 December 2010, article 14-1 was inserted into the Act of July 6, 1989 which provides that "when elements suggest that housing is abandoned by its occupants, landlord can give notice to the tenant to justify occupying the unit. " There is now a right of unilateral termination of the lease for the benefit of the lessor bypassing the deportation proceedings and to avoid delays, including that of two months from the issuance of a command to leave provided for Article 62 of the Act of July 9, 1991.

To return the rented accommodation, the landlord must normally resort to deportation proceedings.

However, since Law No. 2010-1609 of 22 December 2010, article 14-1 was inserted into the Act of July 6, 1989 which provides that "when elements suggest that housing is abandoned by its occupants, landlord can give notice to the tenant to justify occupying the unit. "

There is now a right of unilateral termination of the lease for the benefit of the lessor bypassing the deportation proceedings and to avoid delays, including that of two months from the issuance of a command to leave provided for Article 62 of the Act of July 9, 1991.

However, certain formalities must be observed scrupulously.

The notice must be served by a bailiff who draws up an official report of operations stating the derelict housing and the market value of any property left on site. There can not proceed without complying with the provisions of Article 21 of Law No. 91-650 of 9 July 1991 determining the persons to be present during the penetration into the slot where access is denied or not possible due the absence of the tenant. Must obtain prior approval of the judge of the execution if the property is occupied by one third and tenant agreement is lacking.

This finding will allow the bailiff to the judge to decide, under conditions determined by regulation, the judicial termination of the lease, which is not granted automatically. The lessor should definitely not get the housing of its own accord before a favorable decision from the judge, under penalty of being prosecuted for violation of domicile.

It should be noted that the repossession by the lessor is impossible if it is found that the persons mentioned in Article 14 of the Law of the July 6, 1989 still holds. They are:

    spouse,
    descendants
    partner related to the tenant by a civil solidarity pact
    Ascending
    the registered partner
    dependents

It is stated that these persons unless the spouse and the partner must have lived with the tenant for at least one year from the date of desertion. If this is the case, the lease is transferred from their right, unless otherwise agreed by them.

Similarly, it appears that articles 55 and 56 of the Act of July 9, 1991 remain applicable, so that the landlord and the bailiff must respect its provisions regarding the fate of personal property left behind by the tenant.

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