My tenant has disappeared: what can I do?
If your tenant has disappeared from the dwelling he or she occupies, you cannot take over the dwelling yourself. Nor can a bailiff take over the premises without following the specific procedure provided for in this case. Indeed, a quick procedure has been created to allow landlords to take back the premises abandoned by the tenant.
When elements suggest to the lessor that the dwelling is abandoned, he must send his tenant a formal notice to justify that he occupies the dwelling.
Command to have to justify the occupation of the premises
A bailiff's deed must be drawn up by the bailiff
To send us the request: you can do it by mail to contact@huissierweb.com.
The tenant has a period of 1 month, following the notification of the formal notice, to justify his occupancy.
Abandonment
If the tenant does not reply within one month, the bailiff can note the state of abandonment of the dwelling.
Within this framework, we enter the dwelling in the presence of :
- the mayor of the municipality, a municipal councillor or an authorised municipal official,
- of a police or gendarmerie authority,
- or 2 adult witnesses with no connection to the landlord or bailiff.
Let us then draw up a report and, if the dwelling seems abandoned, let us draw up an inventory of the furniture that may have been left there, indicating its value.
Referral to the judge
If the dwelling appears to be abandoned, we will apply to the judge by way of an application to be allowed to take over the dwelling on your behalf.
The District Judge shall rule by order.
If the judge finds that the motion is well-founded, the judge :
- notes the termination of the lease,
- orders the repossession of the premises, decides on the request for payment in the event of non-payment,
- means property having a market value on the basis of the inventory drawn up by the bailiff,
- authorizes their sale by auction.
Tenant information
The landlord has 2 months to serve, by bailiff, the judge's decision on the tenant or the last known occupants of the landlord.
Beyond this time limit, the order that has not been served becomes void.
We take care of this act, and we do it very quickly, as soon as we receive it of course.
Housing repossession
The tenant has 1 month from the service of the order to contest it by declaration delivered or addressed to the clerk's office of the district court.
The parties are then summoned to the hearing by registered letter with acknowledgement of receipt, accompanied by a simple letter.
The judgment of the court supersedes the order.
If the judge finds that the lessor's initial request is abusive, the lessor may be ordered to pay a civil fine of up to €3,000.
In the absence of any dispute, we will take back the accommodation and you can rent it out again.
Deadlines
The advantage of this procedure is speed. Depending on the speed of the courts, the procedure takes about two months.
Risks
If you do not follow this procedure, you risk being criminally convicted of trespassing.
Do not hesitate to contact us:
Telephone: 01 41 37 65 35
