July 31, 2021

can owners be compensated?

Tenants who do not pay their rent and their charges or who create neighborhood disturbances may be forced to leave their accommodation following a court decision. But no rental eviction can take place between 1is November and March 31 each year.

In 2021, exceptionally, the date of the end of the truce was postponed to May 31 due to the health situation. “There had been talk of this being postponed again to a later date, but fortunately this is not the case because it puts the owners in difficulty. The time during which evictions can take place will also be very short this year, the owners will have to act quickly ”, regrets Pierre Hautus, Director General of the National Union of Real Estate Property.

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For a landlord, obtaining a judgment allowing the eviction of a tenant who poses a problem is akin to an obstacle course: it generally takes more than two years between the start of the procedure and obtaining a judgment then often several additional months in order to obtain the execution of the court decision.

“Let’s not forget that the situation is even more catastrophic for tenants, except for a few people of bad faith. Social housing and accommodation places are lacking and 30,000 households are currently on probation and may find themselves on the street ”, specifies Manuel Domergue, director of studies of the Abbé Pierre Foundation.

During the winter, some of the owners obtained a decision allowing them to evict their tenant and it will be able to be implemented. “The winter break does not suspend the proceedings against the tenant even if the execution of the decisions is delayed. Sometimes the owners confuse a winter break with a stay of proceedings ”, explains Pierre-Edouard Lagraulet, lawyer at the Paris bar.

No truce for violent spouses or squatters

The winter truce is also not applicable to a violent spouse whose eviction from the marital home is requested by the family court judge. It is also not applicable to squatters, i.e. people who occupy a place illegally. If this situation arises, you must then file a complaint and request the evacuation of the occupants, which can take place all year round. “It is the theory, but, in fact, the judge can estimate that the winter truce applies and I was confronted with this situation on one of my lands acquired in the Parisian suburbs and squatted during long months”, observes Edouard Pellerin, president of Valoptim Promotion.

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