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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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the tenant in my Paris apartment (expired lease) owes 6 months

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the tenant in my Paris apartment (expired lease) owes 6 months rent. I want him to leave so I can sell the apartment. what must I do?
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Customer: replied 3 years ago.

I can wait.Here's more info: I bought this apartment 33 years ago. It had been an atelier d'ebeniste. I was a decorator. After several years I sold part of it and transformed the other part into a 1 bedroom flat. It is in a quiet building near the Bastille. Charm but not bourgeois. For 20 years a couple lived there as excellent tenants but they left 2 years ago. My old old friend Kate, who is 74 now, an artist, has been managing the apartment all this time but as there was no need to do anything it was easy work and she was paid. HOWEVER when those tenants left she decided that it was a good idea to remodel a bit, buy furniture (meublee) and turn it into a vacation rental. I nixed this idea as I know that a vacation rental requires lots of work. She did the remodel and I paid the bill but from that time on she has not provided accounting though my bank statement show the expenses and deposits. Aboout 18 months ago she said she had rented the apartment to George Ferenczi, a canadian who teaches at the Sorbonne, and given him a one year lease. For 6 months he paid the rent (1250 cheap for the quartier) then he failed to pay for 2 months, because the Sorbonne was late paying him. Then he paid twice. Then his lease ran out and he did not renew it and he stopped paying the rent. I could not reach the manager who was traveling but I could tell from my bank statement that he was not Paying and I let her know. By January 2013 she had returned to Paris and I phoned to say I wanted George to leave and I wanted to sell. George paid 3 months rent but is stilll behind 6 months. Kate has been insisting that I let George stay for a while and that French law requires 3 months notice. I said that I needed to come to live in the apartment right away. she was dragging her feet....George paid the taxe d'habitation and the electricity which is in my name. And now we are at a stalemate. I would actuallly rather wait till May to travel to Paris and have suggested that George pay no more rent but leave by 15 April. I need to send him a formal eviction notice but I need to know my legal rights. Kate says he is not likely to pursue legal action but I'm sure his friends are advising him of his rights. I need to know MY rights and what I should say in my eviction notice. I am not in a hurry but time passes and the long delay in sending the notice means he can stay longer. Whew! Maybe more info than you need. T hank you

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Is this apartment your tenant's main residence?

Customer: replied 3 years ago.
Yes. He does not have another place to live. at least not in France. He is a citizen of canada
In this case, the lease is supposedly renewed automatically on a yearly basis, unless canceled by either party with a notice period. You, as a landlord, can only cancel it at an anniversary date (ex: if the initial lease began on Nov 1st 2010, you can only ask your tenant to leave on Oct 31st), with a 3 months notice sent by recorded delivery mail or by a bailiff.
If the tenant does not pay the rent, you need to send him a letter demanding payment by recorded mail. Then, if he does pay, you will need to take him to court to obtain payment and to have him ousted by court order. Removal orders can only be executed by bailiffs and police officer between April and mid-October each year.
The taxe d'habitation should be in the tenant's name. And the electricity too.
If you could prove he has another residence, even in Canada, and only lives there part-time, this would be much simpler. The lease could be canceled as set in you lease contract, usually with only a two month notice. Or immediately in case of non-payment of the rent. You need to check what's written in the lease.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
T Perrin C and other French Law Specialists are ready to help you
Customer: replied 3 years ago.

Can I arrive to live there and oblige him to move out?

If it is his main residence, definitely not.
If it is not, AND YOU CAN PROVE IT, you need to stick to what's written in the lease. If rent is due, you can start the motions to have him leave the place as set in the lease contract immediately. If nothing is written regarding non-payment of rent in the lease, you can notify him that payment is owed immediately and that in case of non-payment he must leave right away. If he refuses though, and you cannot access the premises to remove his belongings (which you must put in safekeeping for him to recover if he wishes) and change locks, you will have to initiate legal proceedings. If he pays the rent you can give him notice to leave as set in your lease contract. If nothing is set in the contract one would suggest you give him a two-month notice to leave at the lease tacit renewal date.