French Law on evicting tenants, help needed please
Discussion
Hi
My friend (English, living in UK)is having trouble with tenants (also English)in his French house, whose tenancy has now ended, but they have not left/appear to not be going to leave. My friend had the water turned of yesterday and now his wife is getting abusive calls from the tenant.
Can my friend just go over and evict them ?
Is there a short legal way, or could it be a long protracted/expensive process ?
Thanks
My friend (English, living in UK)is having trouble with tenants (also English)in his French house, whose tenancy has now ended, but they have not left/appear to not be going to leave. My friend had the water turned of yesterday and now his wife is getting abusive calls from the tenant.
Can my friend just go over and evict them ?
Is there a short legal way, or could it be a long protracted/expensive process ?
Thanks
Long protracted/expensive seems like it may be the only way:
http://www.french-property.com/guides/france/worki...
ETA: turning off the water may not have helped. I doubt it would be looked upon favourably given the different rights tenants have in France, as it might appear to be an attempt to illegally bully the tenants into leaving.
http://www.french-property.com/guides/france/worki...
ETA: turning off the water may not have helped. I doubt it would be looked upon favourably given the different rights tenants have in France, as it might appear to be an attempt to illegally bully the tenants into leaving.
Edited by phil y on Tuesday 1st April 09:24
Acquaintance of ours had a house in Perigeuex (she owned an estate agency in our nearest town) let to a doctor and at the end of his tenancy she wanted to sell the house as she was divorcing but he refused to move, it actually took 6 years and a trip through the courts to get him out and when he left the house was wrecked inside. He only paid the rent for three years which was the length of the tenancy and paid not a penny for years 4 to 9.
) even if they don't pay their rent so maybe they've been playing this trick?Correct on non-eviction in the winter months. A friend has spent nearly a year getting people out of one of his flats at Le Mans and they have now left, evicted by the "huissier". However, the state of the flat was indescribable. Your friemd is going to lose his sale I'm afraid and he is in for a protracted court case.
Terribly long, terribly difficult.
Your only chance is that as Brits they may not know the law as well as locals, and not be able to benefit from the dedicated associations, due to well-known challenges we have with your language.
The general consensus among owners is that you should play hard, fast if you want to avoid the terrible legal process. This is the "don't get caught" tactics. Or go the legal way. Anything in between will be greater trouble (for example cutting water while wanting to act legally is a bad start). You'll generally win in court, but that takes years. And getting your money back "fully" takes some more, and more "huissier" fees.
Your only chance is that as Brits they may not know the law as well as locals, and not be able to benefit from the dedicated associations, due to well-known challenges we have with your language.
The general consensus among owners is that you should play hard, fast if you want to avoid the terrible legal process. This is the "don't get caught" tactics. Or go the legal way. Anything in between will be greater trouble (for example cutting water while wanting to act legally is a bad start). You'll generally win in court, but that takes years. And getting your money back "fully" takes some more, and more "huissier" fees.
Edited by gonzales_turbo on Monday 5th May 16:17
Take the boys over, forcefully evict them, change locks, deny all knoweldge, sorted.
The law even here is an ass. Saw a documentary, elderly gent went over to stay with his pal for a few nights, came back, someone had entered his house, changed the lock, and rented it out cash in hand for to a bunch of from god knows where for the next 6 months.
There was no doubt it was his house, but it took over 8 months to legally gain entry to his own house, at which time the "tennents" have left and took everything that wasnt bolted down with them.
The law even here is an ass. Saw a documentary, elderly gent went over to stay with his pal for a few nights, came back, someone had entered his house, changed the lock, and rented it out cash in hand for to a bunch of from god knows where for the next 6 months.
There was no doubt it was his house, but it took over 8 months to legally gain entry to his own house, at which time the "tennents" have left and took everything that wasnt bolted down with them.
DORDOGNE BEWARE
Wouldn't it be good to know that morality, consistency and logic apply in the French law relating to evictions? It certainly does not, as this apocryphal tale relates:
First assemble a pile of money to spend freely to get the 'no tenancy/expired tenancy/end of tenancy' persons out
1. You win your case and an eviction order is granted to the property owner, giving the tenant 21 days to leave
2. Day 21 minus 3 they register an appeal claiming first trial was faulty
3. Appeal heard in higher court and that judge says original was perfectly well executed and the decision stands - so appeal dismissed
4. Bailiff, who is already paid following original case won is informed again, and then decides NOT TO EVICT for 2 months.
5. Own lawyer powerless to do anything and the court says it's now in the hands of the bailiff.
6. Meanwhile who knows what the illegally occupying tenants are doing to your house; running the up water and electricity bills, blocking the cess pit, removing many of your fixtures and fittings? Oh yes!
7. British low-life working on the black in France are doing this to non-resident property owning British people.
8. ADVICE: Only have work carried out in your property when you are physically there in occupation.
Someone I knew months after the event unfortunately, told me he 'encouraged' four heavy Eastern Europeans to be 'invited in', knocking at the front door in broad daylight, making an unopposed entry and removing communications to the outside world, while the tenants hastily packed their suitcases as their other possesions were put safely on the roadside. The tenants were then delighted to be reunited with them even though by thenit was 0300. He didn't say he had fed them a monster size chilli con carne 12 hours earlier but whatever it was they dumped in large extruded logs on the lounge floor and rug wasn't an encouragement to stay - so they willingly signed that they had left voluntarily. Well of course they would! I know what to do now if it happens again to me.
apocryphal - (of a story or statement) of doubtful authenticity, although widely circulated as being true.
Wouldn't it be good to know that morality, consistency and logic apply in the French law relating to evictions? It certainly does not, as this apocryphal tale relates:
First assemble a pile of money to spend freely to get the 'no tenancy/expired tenancy/end of tenancy' persons out
1. You win your case and an eviction order is granted to the property owner, giving the tenant 21 days to leave
2. Day 21 minus 3 they register an appeal claiming first trial was faulty
3. Appeal heard in higher court and that judge says original was perfectly well executed and the decision stands - so appeal dismissed
4. Bailiff, who is already paid following original case won is informed again, and then decides NOT TO EVICT for 2 months.
5. Own lawyer powerless to do anything and the court says it's now in the hands of the bailiff.
6. Meanwhile who knows what the illegally occupying tenants are doing to your house; running the up water and electricity bills, blocking the cess pit, removing many of your fixtures and fittings? Oh yes!
7. British low-life working on the black in France are doing this to non-resident property owning British people.
8. ADVICE: Only have work carried out in your property when you are physically there in occupation.
Someone I knew months after the event unfortunately, told me he 'encouraged' four heavy Eastern Europeans to be 'invited in', knocking at the front door in broad daylight, making an unopposed entry and removing communications to the outside world, while the tenants hastily packed their suitcases as their other possesions were put safely on the roadside. The tenants were then delighted to be reunited with them even though by thenit was 0300. He didn't say he had fed them a monster size chilli con carne 12 hours earlier but whatever it was they dumped in large extruded logs on the lounge floor and rug wasn't an encouragement to stay - so they willingly signed that they had left voluntarily. Well of course they would! I know what to do now if it happens again to me.
apocryphal - (of a story or statement) of doubtful authenticity, although widely circulated as being true.
He could still be right though. The wheels of justice turn mightily slowly here in France.
And on another legal tack a friend had a small concrete business employing five people. One employee fell ill, took the case to the Prud'hommes, won his case and was awarded €30,000 plus damages. The result is my friend is now on the dole along with his other four employees and his company in liquidation. The second example is a specialist racing company who specialize in Renaults. He contracted to be the engineer for the race series and prepare a Megane. The owner never paid and my friend took him to court. My friend was found to have upset the debtor by "harcelment" and not only was the debt wiped out but he had to pay costs. Only in France.
And on another legal tack a friend had a small concrete business employing five people. One employee fell ill, took the case to the Prud'hommes, won his case and was awarded €30,000 plus damages. The result is my friend is now on the dole along with his other four employees and his company in liquidation. The second example is a specialist racing company who specialize in Renaults. He contracted to be the engineer for the race series and prepare a Megane. The owner never paid and my friend took him to court. My friend was found to have upset the debtor by "harcelment" and not only was the debt wiped out but he had to pay costs. Only in France.
Gogogetthem said:
Thank you. I shall seek some legal advice.
Make sure you do and be prepared for the long game , my friends husband is french and has a few properties rented out in sarlat la caneda where I've both lived and had a holiday house so I know them well and they're not unfamiliar with french law , anything but to be honest . It took him years of no rent to get one tenant out . The law is on the tenants side from what I recall . Good luck .
Gogogetthem said:
Thank you. I shall seek some legal advice.
Legal Advise in France - ha ha.............Ask 10 different Notaires their opinion and you'll get 10 different answers!The only sensible advise, is don't rent out your property unless you are prepared to remove the tenant by force, when they don't go.
Gogogetthem said:
Help please!!! I have been told that any agreement about tenancy MUST be in French for it to be valid in a French court of law. Is this right?
Also should this be true that I can then employ Huissiers to serve a notice to evict?
Any help would be greatly appreciated please
Ah yes but it all depends on which law applies and the jurisdiction, you can have a perfectly legal and enforceable contract on a French Property written in English and subject to English and Welsh Law and Jurisdiction.Also should this be true that I can then employ Huissiers to serve a notice to evict?
Any help would be greatly appreciated please
If your contract with your English tenant is all of the above you can go to a UK court and then evict them in France winter or no winter.
Also, even if a contract is in French and subject to French law etc etc etc a prefecture can order a tenant out for non payment of rent during the winter even in the Alps.
Vintage Racer said:
Gogogetthem said:
Thank you. I shall seek some legal advice.
Legal Advise in France - ha ha.............Ask 10 different Notaires their opinion and you'll get 10 different answers!The only sensible advise, is don't rent out your property unless you are prepared to remove the tenant by force, when they don't go.
Employ a local advocate and follow thier advice.
Good luck with it all.
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