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can I not prepare a commandement de payer and have it served by the bailiff.
It is a mixed lease, I knew I would have to go to court, it was the procedure I required the advice on.
I have just had a reply from my lawyer here in Germany is reply is below, does this sound correct to you.
I have reviewed your email and the lease contract which is quite clear actually.
I understand that the tenant has not paid the rent in March. So the first step would be to prepare a “commandement de payer” and have it served to the tenant by a bailiff. The tenant will have to pay within a month at the reception of this “commandement de payer”. If he does, the contract is considered as cancelled and if the tenant refuses to leave the place, he will be condemned to pay 100 euros per day of delay. But instead of waiting endlessly until he finally decides to leave, you can ask the judge to order his eviction in application of the lease contract a month after the “commandement de payer” if the tenant does not pay. This is a quite quick procedure.
in that case the lease will be nearly finished, so no point in taking it to court,
Never will I let a property in France again, the Laws are not for the landlord at all, it appears that the tenant can do exactly what they want.
Anyway I have a detailed procedure of what to do from my Lawyer now, that is all I really wanted from you.
So what about the lease clauses that says the duration is for only 23 months, the lease was drafted this way by our Notaire, at the end of the lease we are putting the property up for sale, are you say that unless we move back to France our tenant can continue to live in our property even if we give notice.
Can you explain to me why a Notaire would charge me a fortune to draft a 23 month lease with lots of stipulations if I can not affect them, only the walls of the property was let from us, although I left her a lot of my personal furniture until she could afford to buy some and now she is refusing to give me my personal assets back, although this was not in the lease the Notaire made her sign a seperate asset list to saying they were on loan.
Can I give her Notice now that I will be terminating the lease at the end of the lease date or do I have to give her notice 3 months before, it was written in the lease that she had an option to buy and this was planned for last December, but the bank has refused to give her a mortgage, I wonder why.
If of course rent delays continue then I will have to just keep sending demands through the correct channels,
My German Lawyer is a french Lawyer based in Paris, she is adamant that it would not take long becuase of the lease breaches, but of course there is a price of 3000 eur to complete the task.
Am I missing something here, my Notaire has told me that she does not have first option to buy because it is a mixed lease, he told me I can sell it at any time within the lease.my tenant has no power over buying our property it is written in the lease.
I find that if what you are telling me is correct and that I have to inform my tenant of the price i sold my property even after she has left is steering towards an infringement of human rights, I am now not surprised people do not want to let their properties in France thay are to scared that they will never get them back
I must admit you have really confused me now because either my notaire has misguided me or I am missing something.