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If a landlord wants to evict a tenant, but the occupant is

other than the lessee, against...
If a landlord wants to evict a tenant, but the occupant is other than the lessee, against whom should the landlord proceed - lessee or occupant? (law of 1989)
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Answered in 18 hours by:
7/21/2013
Fran-mod
Category: French Law
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I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer reply replied 4 years ago

For anyone who has knowledge of French law relating to residential leases, my question is a very simple one, so I'm more than surprised that your "experts" can't answer it - again .... I don't have access at present to the necessary information, although I'd know where to find it, and I'm no lawyer. Please continue to try to find someone who could provide the answer?

Hello Caroline,

It is the weekend, and many of our legal professionals are not on line. I will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
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Customer reply replied 4 years ago

Thank you - happy to wait - Caroline

You're very welcome.
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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1,412
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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It depends whether the landlord has authorized the occupant or not (was the flat sub-let with, or without the landlord written permission?) Could you detail the situation. The normal proceedings would be directed against the lessee and would cover all dependents let in the premises by the lessee.
T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1,412
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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Customer reply replied 4 years ago

- I first rented a small flat in Paris, then had an agreement to buy


- The landlord's son inherited, recognised the agreement, got into debt, had his property seized, no communication with me


- The creditor sold the property as empty (in fact someone else was paid to leave my flat, a person who had never lived there)


- The buyer took me to court to increase the rent - with someone else mentioned as lessee and myself as occupant, which 2 French lawyers said I should answer to - and the buyer wanted me to sign a new lease


- The TI increased the rent


- The buyer signed a lease with someone else, who didn't live in the flat, while I paid "indemnities" according to the new rate of rent


- I won an Appeal, referring back to my original lease


- The buyer sold the flat, with the 2nd buyer being able to recover arrears


- We went back to the local TI, where the magistrate ignored the Appeal decision in my favour, the new lease was never produced, I lost, but probably in fact responded to an action which referred to another flat at the same address, obtained in my name without my knowledge


- On Appeal I lost, although I had not signed nor seen the lease the decision referred to and which enabled recovery of arrears - agreement which didn't relate to my original lease


- No lawyer would represent me and it's taken me until now, 6 yrs later, to discover and understand what happened, including a mistake by the bailiff who delivered the Court papers, and kept quiet when he realised his mistake (papers not given to me personally, left on the doormat)


 


I never discovered the name(s) of the official lessee(s). I was evicted and lucky just to keep my belongings and a roof over my head.


 

From what you write above, it would seem you had a representation problem which left the door open to procedural mistakes in your disfavor. Your avocat should have been able to point these out during the TI and Cour d'appel procedure and use them to have the ruling broken in Cour de Cassation. Unfortunately, form what you write above, it is to late to seize the Cour de Cassation.
One cannot fathom why no lawyer would represent you, at least from the information above.
T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1,412
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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Customer reply replied 4 years ago

Thank you; There is of course more to this. I gave you the basic, correct, outline.


The 2nd time on Appeal the other party handed new Conclusions to the Clerk of the Court 20mins before the hearing. They were totally different to previous Conclusions. I was present but not represented, even my Avoué refused to be present - so I could not defend myself. The decision enabled recovery of a large sum of money, equivalent to converting rent into capital. I wrote to Cassation asking for legal aid to obtain a Cassation lawyer's opinion, which was refused. I wrote a second time, with documents which I think should have enabled me to at least obtain an opinion, but I never received the accusé de réception of my RAR, nor the President's reply which was not sent to my address ....


I phoned the Clerk who said that since I hadn't received the reply, a delay might be possible still. (I have been very unwell for a long time due to 3 assaults in Paris, part of the same story which is basically a long-standing fraud which I'm unable to stop.)


One, but only one, of the reasons for swindling me was that the people who rented a flat in my name, didn't pay the rent, moved the bathroom, did their own plumbing and caused dreadful damage to the building with an enormous leak - didn't have house insurance; I did. I think there were legal proceedings as a result, since the local Police were involved in overseeing the repairs. I know nothing more.


The flat they rented was bought by Paris HLM housing, supposedly for me, when my petition to the French PM (then Raffarin) was allowed, but letters I received were stolen and replied to in my name, requesting a HLM flat. I was told it was at a highly-placed person's initiative that one was bought so that I wouldn't have to move. I knew nothing of this for many years.


Of the many people who have showed willing to help me, all suddenly changed their minds, so that my life experience tells me that I have a problem more with a person than with a subject or motivation.


But I'm still trying to fight back. This all began about 30 yrs ago. Thanks to a member of the Parquet at the Justice Palace in Paris, it was demonstrated that my homonym (with a Penal conviction some time attributed to me, and of which file copies are in circulation, but I don't have it), and my look-alike (enough to be a "twin") - were/are one and the same person who had pretended to live in my flat. Her given name is XXXXX XXXXX as my 2nd given name, and her family name similar (but in fact not a variant). This person is under guardianship, I believe of her brother. I am not and never have been, but I think this was the means of cheating me, by filtering all my communications and keeping me in ignorance of most events; simply leaving me to "pay".


That's just another outline. Despite being mutilated in every way for no reason that relates to myself, I never manage to get it into Court.


When I heard that I was supposed to have a Penal conviction I went to the Prosecution service in the Justice Palace, and was interviewed by a person who seemed to be quite senior. At the end of the questioning I was told of my homonym, and it was added that the Paris Police had confused two files and that I should get it sorted out. It has proved quite impossible for me to achieve that, despite repeatedly being told "it's not you, it never was": after an unofficial "identity parade"; by a Lt of PJ who was amazed but said it no longer depended on him; by the Parquet; by the Prosecution service. But still even now, here in the centre of the Creuse in a very small town, the saga continues on a day-to-day basis, and no-one wants to accept that I am who I say I am, and that my Passport is just that, is valid, and was manufactured at the British Consulate in Paris.


Whatever was in the penal court case was so dreadful, that no-one will help me. I was even told by Police in Paris that I should have been in prison for 10 yrs. Why? I don't know, cannot find out. The Parquet knows, will not tell me.


The leit-motif during these years (2000-2008) was, by authority: "leave Paris".

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T Perrin C
T Perrin C, Consultant: information en droit du travail
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