Winter break: homeowners, what can you do?

winter break

On November 1, the evictions stop for five months. The tenants have a respite but during this time the owners often find themselves destitute during this winter truce.

Here we answer their questions. 

 

My tenant doesn't pay me the rent this winter: what can I do? (Mireille D. Paris 17)

The winter truce only concerns the actual eviction, i.e. the actual removal of an occupant from the dwelling. If your tenant does not pay you his or her rent this winter, you are not destitute. On the contrary, we will be able to start the eviction procedure, which is a long process. If you act as quickly as possible, you will save time and will certainly be able to get your overdue rent payments settled quickly.
Even during the winter, we will be able to issue a summons to pay for the resolutory clause which will give the tenant two months to regularize his situation, failing which his lease will be resolved, which we will be able to have the judge note, even during the winter.

 

My tenant runs a business: can't you evict him? (Julien H. manager of SCI J., Montrouge)

Of course you do! The winter truce only applies to residential leases, furnished or empty. Moreover, if your lease is mixed (shop walls and upstairs accommodation for example), it is perfectly possible for us to evict the shop in the winter and the accommodation in the spring.

 

My property was squatted, I was told it could be evicted during the winter? (Hervé and Géraldine N. Versailles)

You have to be more nuanced. First of all, in case of flagrante delicto (i.e. if you realize the squat within 48 hours), the accommodation can be taken back by the police (see our article). Moreover, the judge always has the possibility in case of squatting to suspend the benefit of the winter truce. But don't forget to ask him!
In any case, you should never delay to act!

 

My bailiff issued a summons to the tenant for the month of December: it's useless, isn't it? (Clément F. Pontoise)

Absolutely not! Once again, only the actual eviction is impossible in winter! Also, to allow an eviction as early as spring, it is very useful to act during this period! By having a hearing in December, you will be able to get a court order issued to leave the premises for the very first days of March, which is a necessary step for eviction!
Therefore, your bailiff was perfectly right to issue a summons without waiting for the end of the winter truce.

Do not hesitate to contact us