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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1353
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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My aunt wants to know if under french law, can a landlord arrive

Customer Question

My aunt wants to know if under french law, can a landlord arrive unexpectedly at his rental un-invited if his rent has not been paid? what are my aunts rights as tenant if she expects to pay all arrears soon but has not yet done so?
Submitted: 1 year ago.
Category: French Law
Expert:  T Perrin C replied 1 year ago.
He can arrive at any reasonable hour or send bailiffs to demand payment of the lease.Yet he cannot enter the premises in her absence or if she refuses. If your aunt has been late in paying her rent he can also cancel the lease and request that she be evicted by court order.
Customer: replied 1 year ago.

thank you for your answer but sorry, it is not adequate - i cannot see from your expertise if you are actually a practicing attorney in French Law, specifically real estate law - can you please tell me, my aunt also wants to know that.- as we have been told that it changes a lot! But i also know that real estate law in France is favorably inclined to the renter and not the landlords. Regardless, i did read somewhere that he (the landlord) has to wait for the end of her lease. that he cannot just declare the lease void. Eviction anywhere takes a long time!! AND in this particular case, my aunt has her own aged father staying with her that she takes care of and are you certain that legally he can still evict (under french law) an old person who has no other home to go to???

Expert:  T Perrin C replied 1 year ago.
Sorry but my answer was based on the information provided. Indeed French real estate law is generally in favor of the tenant.
Yet:
- a landlord has to wait until the schedule end of the lease to be able to cancel it (and only in certain cases) UNLESS rent is not paid normally. In this case, he can cancel the lease and request a court order for eviction. Of course this will take time (on average a year) but he cannot be forced to continue the lease.
- The fact that your aunt has her aged father stay with her will complicate matters for the landlord to evict her legally. One will have to check whether her father's name appears on the lease and whether he is legally a co-tenant or not. If not, his re-housing will be a matter for social services to deal with. A the landlord will have to wait until social services find him a place in a home before he can proceed with eviction.

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