Due to Covid-19, many tenants find themselves unable to pay their rent and therefore find themselves outside the law not respecting the clauses of the contract.
On the other hand, landlords are also counting on these rents to live in this difficult context. And no one can break the law. The tenant must pay their rent to the landlord and if this is not the case, the landlord does not have the right to use force to evict the tenant. Here are the steps to follow even if there are others.
In a situation where the tenant refuses to pay his rent and remains profitable in the apartment, the landlord must first send a registered letter with acknowledgement of receipt to the tenant in order to give him the chance to regularize himself.
Without a response from the tenant, the landlord can file a so-called rapid eviction file with the court: This is the fastest way to evict the tenant but if there are late rents, a financial claim procedure will have to be launched at go. The tenant then has 30 days to defend himself or leave the premises. If this is not the case, the judge can therefore take the eviction decision without the appearance of the tenant. If the tenant defends himself there will be a court appearance.
A judgment can be obtained between 60 and 90 days, hence the rapid expulsion for legal proceedings.
However, in order to evict a tenant, it is still necessary to prove that the tenant has breached his obligations under the contract.
Otherwise, it is possible to request a normal eviction procedure where the owner can claim the eviction as well as all outstanding debts and damages. Note that for this type of procedure, the time of which is indefinite, it is forbidden to leave out the tenant. So it depends on the situation.
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