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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 831
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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I have a serious predicament. These are the facts. In Nice

Customer Question

I have a serious predicament. These are the facts. In Nice where I had nice expensive
apartment as a renter in the center, I met a mother and young girl from Russia who were being lodged in a chamber de hotel as illegals. After meeting some times a kind of
friendship developed, and when the time came that their case was lost to stay in Nice
I allowed them to stay for an unspecified period in my apartment, and they wouldn't
leave when the time came that I wanted to quit Nice. so for the last 12 months I have
a bill unpaid for now for more than 12,000 euros for back rent. I cannot clear out of the apartment before going before a tribunal because they will not leave, and I cannot clear
out of the apartment. Do I have to appear before the Tribunal in France. I would like
to send you a copy of the contract which I don't completely understand as an attachment. thank you
Submitted: 4 years ago.
Category: French Law
Expert:  TKenney, Ph.D. replied 4 years ago.

TKenney, Ph.D. :

Hello, You do not have to appear in court in France if you have a lawyer representing you. However, the judge can request your presence. However, that is quite rare.

TKenney, Ph.D. :

As for sending an attachment. Do keep in mind that I am only here to answer your questions on this website as an expert in French law and not as your lawyer. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. They are posted on the website. This website provides that JustAnswer’s "Posts are for general information, and are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), and do not establish a professional-client relationship."

JACUSTOMER-nfksa03s- :

I am a renter of an apartment with my own furniture
in the centre of Nice. I invited a mother and her daughter without document two years ago, whom I had got to know and the they had nowhere to go, having lost their right to stay in France. I said it was temporary. but I have left Nice now since the company I had in Nice has closed down. The Russian lady and child of 14 are now accompagnied by another Russian woman, who cares for elderly Russians. They wanted to contribute to the rent but they couldn't raise anywhere the apropriate amount, and now pay nothing. Because my paper bills are always mounting, I have to close the apartment asap. By the way the persons are still without valid permis de sejour. The only solution is to vacate the apartment, but because they have changed the locks this is a
very difficult proposition. Can I get them evicted by being in contact with the tribunal
and making a plaint. However it remains a chicken and egg situation. To vacate I need to
empty the apartment, and with them on 24hour guard, they make this impossible.
I simply cannot afford to pay, so for 8 months I have had to leave the situation in Nice and try to forget about it.I have been advised to make an approach to the Tribunal de Nice.
I would prefer to do this online. I don't see how I can solve the situation.
thank you for answering my question.

Optional Information:
What have you tried so far?: I did try and find them another place, but the mother was very particular and wouldn't'leave. They know they are in a strong position and are advised by professionals who are on their side which makes me the "enemy" . They did plead with on occasions not to let them be in the streets, and when I considered the 13 years old daughter who has completed 4 years scholastic I do have feelings. However there is no way I can look after them . the mother does have a domestic job, and they have made the apartment into their nest, and my bills go up more than a thousand euros weekly.

JACUSTOMER-nfksa03s- : I do not know what to do about this except to try and force them to leave
JACUSTOMER-nfksa03s- : i by changing the locks but i am not in france now and with my health issues
JACUSTOMER-nfksa03s- : I cannot travel there now. can you give me advice. I do have another serious issue, and would
JACUSTOMER-nfksa03s- : like to know what I have to pay bfor any more questions, thanks
JACUSTOMER-nfksa03s- : where to find a lawyer