Under the provisions of an Act of 22 December 2010, the landlord may, where the elements it suggests that housing was abandoned by its occupants, to the tenant on notice to prove that he actually occupies the slot. This notice must be made by a bailiff. In the absence of response from the tenant within one month of notification, the officer must observe the state of abandonment of housing. It provides a report containing an inventory of property left behind with their approximate value. This record allows the lessor to a finding by the trial judge to terminate the lease and repossession. Article 14-1 of the Law of 6 July 1989 on improving relations rental amended by Law of 22 December 2010 referred to above states that "the termination of the lease is recognized by the judge in the conditions provided by regulation." A decree of 10 August 2011 organizes the means of terminating the residential lease and the resumption by the landlord of the premises abandoned.
Article 1 of the decree states that the application for a declaration of termination of the lease for the recovery of abandoned premises "may be made by motion." The procedure is simplified because the court decides so without debate. Termination of the lease following a standard procedure, by subpoena, however, is still possible.
If the evidence provided by the landlord that the property was abandoned by its occupants, the judge of the district court found the termination of the lease and ordered the resumption of the premises. Documents of a personal nature are placed in a sealed envelope and kept by the bailiff for two years. In the months following the notification of the decision, the tenant or occupant's head may oppose.
If opposition parties are summoned to the hearing. The court decides on the requests made by the landlord, he also hears interlocutory applications and means of defense on the merits of the tenant. The ruling of the district court then replaces the order issued on request. In the absence of opposition, the order produced all the effects of a judgment that has become final.
The procedure for recovery of the premises is conducted by a bailiff, or if it finds that the person expelled and now its chief occupants of the premises voluntarily released after the notification of the order, or when authorized by resolution of Justice has the force of res judicata to return the premises abandoned. In case of refusal of the tenant to leave, the officer sends a request to the prefect of the department for the assistance of the police, in accordance with Article 50 of the Decree of 31 July 1992 establishing new rules relating to civil proceedings execution. The prefect has a period of two months to publicize its response. The silence maintained by the administrative authority during this period is a rejection of the request. The refusal is generally pronounced when the warden believes that such police intervention carries the risk of serious disturbances of public order, according to the case Couitéas State Council of 30 November 1923. If the application is approved, a date on which the police or gendarmerie take place is fixed. If it is during the recovery operations that the premises are again occupied by the deportee, the bailiff proceeds with the eviction without having to obtain a new title for expulsion. Indeed, under Article 208 of the Decree of 31 July 1992 cited above, "Untitled relocation of the deportee on the same premises constitutes an assault. The commandment to have to quit the premises served beforehand continues to have effect. "
