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Sport To suspend his expulsion, a tenant must prove that he is looking for accommodation

08:20  03 october  2022
08:20  03 october  2022 Source:   immobilier.lefigaro.fr

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Si les locataires avaient pu apporter la preuve que leur handicap les empêchait de trouver un logement, la décision d’expulsion aurait été suspendue. © 107128950/Richard Villalon - Stock.adobe.com if the tenants had been able to provide that their handicap prevented them from finding accommodation, the decision expulsion would have been suspended.

Occupants without law or title who do not provide proof of a search for housing or their impossibility of relocating cannot suspend their expulsion ruled the first president of the Court of Appeal of Colmar , the July 6, 2022. Here are the facts: tenants who occupied furnished accommodation saw their lease resulting from the validation of a leave to sell. The Mulhouse judicial court had ordered tenants to release the premises within two months from the command to leave the accommodation.

Retirees forced to live in their motorhome because of unpaid rents

 Retirees forced to live in their motorhome because of unpaid rents © David Bise/David - Stock.adobe.com After the Squats , the cases of unpaid rents are multiplying. After a tour of Europe, a retired couple decides to return to France " due to a serious health problem " and wishes to regain possession of his main residence which he had rented - in order to avoid that 'She is not occupied by squatters in their absence -, in Marseille. Upon their return, the two septuagenarians find a closed door: the tenant refuses to leave the premises, reports BFM .

The now occupants without the right or title have tried to obtain the stay of the provisional execution of the judgment by advancing that they presented chronic medical conditions and that it was difficult for them to find another accommodation within this period. They argued that the expulsion measure would cause excessive consequences that affect their right to housing.

Now, the COLMARIENNE jurisdiction rejects all of the couple's arguments, and indicates that they do not provide proof of a search for housing, nor an impossibility of relocating. The production of a medical certificate pretending to move alone, is unrelated to the expulsion measure, according to the court. " This document did not justify the need for occupants to find accommodation adapted to their handicap , argues the judge. They also did not justify financial difficulties: the payment of their deadlines justifies their ability to lease another accommodation ".

An owner continues his tenant for unpaid rents and is sentenced

 An owner continues his tenant for unpaid rents and is sentenced © Francois Guillot / AFP Apartment, rental Paris. to want to win too much, do we end up losing? A Parisian owner who had assigned his former tenant to justice to expel him from his good after unpaid rents was finally condemned to return to his tenant years of rent. And for good reason, the man rented an apartment of 5 square meters, which is considered to be "illegal accommodation". He will also have to pay him 2,000? under moral damage.

Expulsion is a right of the owner

" C and decision illustrates the difficulties that the fallen occupants have in title to report proof of a clearly excessive consequence of the expulsion measure. In practice, the expulsion always carries important consequences for the people who are subject to it, but it constitutes a right of the owner, which the judges implement when the former tenant has exhausted his family ”, analyzes Maître Pierre de plating , lawyer in real estate law which relayed the decision on social networks.

" in law, it is nevertheless possible to obtain the suspension of the expulsion decision, in particular and often cumulative situations, namely, people with serious illnesses which require imperative maintenance in the places, families Numerous with children at the bottom, schooling or in crèche, or even people awaiting social housing, who justify their procedures, "he adds.

To be able to obtain the suspension of an expulsion decision, the former tenants should have reported proof of irremediable consequences. " Now, in the present case, the absence of a search for accommodation has undoubtedly been interpreted by the jurisdiction as a detached behavior of the occupants, revealing a certain bad faith ", underlines Maître Pierre to plaster.

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