US News All about the obligation to hold the tenant

21:10  18 october  2021
21:10  18 october  2021 Source:   challenges.fr

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Quelle obligation de résidence pour le locataire? © Ivan SAMKOV / PEXELS What obligation of residence for the tenant? Practice - The person renting housing has the obligation to reside there as provided for the French regulations. What is it precisely?

In case of renting a property, the tenant benefits from rights and duties, just like the owner of the house or the apartment. Among the rights of tenants, we can mention the right to have decent housing, responding to basic health and decency standards, and the right of pre-emption. Among its obligations, the most obvious is that consisting of to pay the rent and the rental charges, in due time. As well as the obligation to preserve the state of housing, and conform to it at the end of the contract. There is also an obligation of residence.

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The obligation of residence in detail

The obligation of residence takes the form of a commitment on the part of the tenant to take possession of the places, then to actually occupy the rented housing. The entry into possession simply corresponds to the reception of the keys of the housing, which is almost always carried out at the same time as the input state.

Once the keys in his possession, the tenant must "occupy" places. By this, it is meant its hardware installation: the resident person installs his business in housing, uses the address of the property as the main domiciliation (or more rarely secondary domiciliation), and especially as a place of receipt of his mail.

The obligation of residence does not mean, on the other hand, that the tenant must have a continuous physical presence in the housing. There is no obligation to stay on the spot. And it is, of course possible, to abstract housing, without a special time limit, for family or professional reasons. However, the tenant must still install in a stable and perennial manner his personal, family, and material interests. Or if not professional in the case of an commercial lease . Where does this obligation of residence come from?

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The objective of the residence requirement is to avoid the signature of an fictitious lease

, for various reasons. The main idea here is that the person who rents the accommodation is supposed to use the places as provided for the rental agreement, in accordance with its destination. The legal basis for this obligation comes from the Article 7 of Law No. 89-462 of 6 July 1989 to improve tenancy relationships. Moreover, this residency requirement was confirmed by the 3rd Civil Chamber of the Supreme Court, in its decision No. 14-23621

of 14 January 2016. In this case, a tenant living in Reunion used a accommodation on the mainland as a simple foot-to-earth, and was made available to a family member. In the Court of Cassation, there was a breach of the duty of residence, and found that the property owner was entitled to request accordingly termination of the lease. (By writing the href agency)

fall risottos to fall (like the leaves) .
© Zuma Press / Bestimage Mako from Japan barely married and already expelled from the imperial palace it's official, Princess Mako became Mako KomuroDepuis his wedding with Keikomuro, who took place Cameri 26Octabre. Following the Civil Ceremony, Mako of Japan had to say goodbye to his family and leave the family home, the Imperial Palace.

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