The takeover by the lessor of the dwelling abandoned by the tenant
A procedure that has been considerably relaxed by the legislator, a fact rare enough to be highlighted, is the takeover by the landlord of a dwelling abandoned by its tenant without prior notice.
It is not uncommon to see tenants, often after a period of non-payment of rent, leaving their homes without warning and abandoning the premises.
The procedure to take back the abandoned dwelling is done through the intervention of a bailiff and has been accelerated since 1 June 2012.
Indeed, whereas it was until then necessary to summon for eviction, the law of July 6, 1989 was reformed and now the procedure begins with a simple command to the tenant to justify that he lives in the premises.
To initiate this command, it is necessary to have a bundle of clues allowing to suspect that the tenants have left the dwelling, whether it be testimonies from neighbours, a message left on an answering machine, etc...
This command is made by bailiff's act and is served to the tenant.
In the absence of a response within one month, article 14-1 of the law of 6 July 1989 presumes that we are in front of an abandoned dwelling and authorises the bailiff to enter the dwelling in order to draw up a report stating that the premises have been abandoned.
To enter the dwelling, the bailiff will have to request the mayor or a municipal councillor, the police commissioner or the gendarmerie commander or two simple major witnesses who are not involved in the case.
Armed with these Minutes, the lessor must simply petition the Court of First Instance so that the latter may record the de facto termination of the lease, order the repossession of the premises, but also order the payment of any arrears of rent and rule on the fate of any furniture left on the premises.
In fact, it is the bailiff's office that drafts this request, which contains a request on pain of nullity (CPC: art. 58) :
- for natural persons: indication of the surname, first names, profession, domicile, nationality, date and place of birth of the applicant ;
- for legal persons: an indication of their form, name, registered office and the body which legally represents them ;
- an indication of the surname, forenames and domicile of the person against whom the application is made or, in the case of a legal person, its name and registered office ;
- the object of the request.
It shall be dated and signed and shall be accompanied by supporting documents including the bailiff's report to establish the abandonment, a copy of the lease, a copy of the formal notice and a statement of the sums due.
On the basis of the information provided, the judge makes a decision which is then served on the tenant, who has one month to lodge an objection.
In the absence of opposition, the judicial officer proceeds to the operations of taking back the abandoned dwelling. He shall draw up a report of the operations of repossession of the premises which shall contain, under penalty of nullity :
- a description of the operations carried out and the identity of the persons whose assistance was required ;
- the designation of the competent court to rule on disputes relating to expulsion operations.
The report shall be given to or served on the expelled person.
If the apartment is furnished with movable goods, the bailiff will arrange for them to be sold if they are of sufficient value.
If personal documents are still on the premises, the bailiff will keep them under seal for two years.
Please do not hesitate to contact our office: we operate throughout the Ile de France region, but also throughout France thanks to our network of colleagues.
Furthermore, did you know that bailiffs can offer you rental management solutions?