Presentation: The grant of leave to live in a service room for, not an old lessor as stated the leave, but a home help is fraudulent.
In a decision dated February 8, 2011, the Court of Appeal of PARIS has specified that leave fraudulently issued the visa section 15-1 of the Act of July 6, 1989, in view of a pattern and inaccurate benefit of a person who does not intend to occupy the premises personally, must be declared irregular.
In this case, a 83-year-old owner was granted leave to return when she did not intend to live in places subject of the recovery.
In fact, she wanted to accommodate a third person, ie home help she needed, given his health problems.
Now a third person is not eligible for section 15 of the 1989 Act in the event of recovery to live, so that the landlord was forced to hide the reality.
In these circumstances, the Court of Appeal could infirm trial and consider the resumption of a room to live for good, not to the lessor as stated in the old leave, but to help home, is fraudulent.
However, it was probably more appropriate for the landlord to try to give clearance by invoking the adjective "serious and legitimate reason" to the extent that the courts may grant a right to recover the profits of those who did not.
07/17/2011
