How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask T Perrin C Your Own Question

T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1307
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
Type Your French Law Question Here...
T Perrin C is online now
A new question is answered every 9 seconds

the tenant in my Paris apartment (expired lease) owes 6 months

Resolved Question:

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?
Submitted: 1 year ago.
Category: French Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year 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

Expert:  wendy-Mod replied 1 year ago.

Thank you for your patience. We will continue the search for a Professional for you.

Regards,

Wendy
Expert:  T Perrin C replied 1 year ago.
Is this apartment your tenant's main residence?

Customer: replied 1 year ago.
Yes. He does not have another place to live. at least not in France. He is a citizen of canada
Expert:  T Perrin C replied 1 year ago.
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: 1307
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 1 year ago.


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

Expert:  T Perrin C replied 1 year ago.
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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • TKenney, Ph.D.'s Avatar

    TKenney, Ph.D.

    French Attorney (Avocat à la Cour)

    Satisfied Customers:

    768
    Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawyerAvocat/2013-2-18_172451_balance000.64x64.jpg TKenney, Ph.D.'s Avatar

    TKenney, Ph.D.

    French Attorney (Avocat à la Cour)

    Satisfied Customers:

    768
    Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
  • http://ww2.justanswer.com/uploads/AV/A.Valcke/2013-7-8_11622_valcke1.64x64.jpg A.Valcke's Avatar

    A.Valcke

    Solicitor

    Satisfied Customers:

    70
    Lawyer with Maîtrise en droit & Licence spéciale en droit européen.
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    44
    UK based Immigration Solicitor
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg Top_advisor's Avatar

    Top_advisor

    Attorney

    Satisfied Customers:

    20
    Solicitor and Attorney
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Attorney

    Satisfied Customers:

    11
    Attorney