Termination of residential lease and recovery of the premises in case of abandonment.

Presentation: The Decree of 10 August 2011 relating to procedures for termination of residential leases and recovery site in case of abandonment became effective. This decree lays down the procedure for terminating the lease and the resumption of abandoned places.

Decree of 10 August 2011 relating to procedures for termination of residential leases and recovery site in case of abandonment became effective.


This decree lays down the procedure for terminating the lease and the resumption of abandoned places.


Besides the ability to continue the termination of the lease following a standard procedure (by subpoena), it is now possible to form this petition by


The court then decides without debate about:


termination of the lease,
the recovery of the premises,
possibly the payment of arrears of rent or other amounts due under the lease,
and the abandonment of worthless furniture.


An objection to this decision may be made by the tenant or the last of its chief occupant, within one month of its meaning, otherwise it will become final.


A tenant who is without fault on his part, unable to form this object within this period without fault on his part, may obtain an appeal out of time.


When the order has the force of res judicata, the landlord may well resume following a simplified procedure for expulsion, which also helps to rid the furniture worthless on the fate of which the judge ruled.


The judge will have before the performance if there are valuables in the premises.


Here, in detail, how organized this procedure.


This can be made by motion.


It will tend to see see the termination of the lease (Article 14-1 of the Act of July 6, 1989) to the resumption of local abandoned and condemned to do the tenant to pay the amounts due under the lease.


The application is delivered or sent to the Registry by the landlord or agent and must be accompanied by supporting documents, including minutes of the bailiff to establish abandonment.


If from the documents provided (including the observation of vacancy) than the obvious places are vacant, the tenant is no longer performing its obligations and the property was abandoned by its occupants, the judge of the court instance notes the termination of the lease and ordered the resumption of the premises. If necessary, it shall act on the request for payment.


When the inventory contained in the minutes of the bailiff reported assets left behind, the judge said abandoned property does not appear to have value, with the exception of papers and documents of a personal nature that are placed in a sealed envelope and kept for two years by the bailiff.


If the judge rejects the request, its decision is without recourse to the lessor except for one, to proceed in the ways of law.


A copy of the order bear the enforcement order is served on the initiative of the lessor, lessee and occupant of the last known leader of the tenant's landlord.


The meaning must contain, under penalty of nullity, in addition to the information required for the acts of bailiff:

1 ° The indication that he may be opposed to the order by the recipient hearing the appeal;

2 ° The indication of the period within which the opposition shall be filed, the court before which it must be brought, and the forms in which it must be done;

3 The information that the recipient can read the registry of documents produced by the landlord within the period specified in 2;

4 ° The warning that without opposition within the time specified it will no longer have no recourse and that the lessor may continue its good;

5 If the order ruling on the fate of furniture left behind:

a) The warning in the absence of opposition within the time specified it will no longer have no recourse and could be evacuated property left behind;

b) The summons to be removed within one month after service of the order and the recall of the provisions of Article 207 of the decree of July 31, 1992.


If service is made in person, the bailiff must be verbally communicated to the tenant indicated above. The bailiff must include the completion of this step in the act of meaning.


The order is void if it has not been served within two months of its date.


The tenant or any occupant of his head may oppose the order.


The opposition is filed within one month after service of the order by statement delivered or sent to the Registry.


The execution of the order is suspended during the opposition period and in case of opposition within that period.


In case of opposition, the Registrar shall forthwith notify the bailiff who prepared the record provided for in Article 14-1 of the Act of July 6, 1989 and shall convene the parties at the hearing.


The invitation is addressed to all parties.


The court decides on requests by the lessor and reviews applications incidental or defenses at the bottom that do not raise a matter within the exclusive jurisdiction of another court.


The trial court then will replace the order.


The judge found that the application was made improperly may order the applicant to a civil fine.


If neither party appears, the court finds the termination of the proceedings. The order is then void.


In the absence of opposition in the months after the service, or in case of withdrawal of the party opposing party, the order produced all the effects of a judgment that has become final.


An appeal out of time, however, can be requested (Article 540 of the Code of Civil Procedure).