4 ms·
First poster has a point, no need for people to live abroad and to rent their places to have problems... Laws in France are really leaning towards the tenants.
by mshook 10y ago
First poster has a point, no need for people to live abroad and to rent their places to have problems...
Laws in France are really leaning towards the tenants. First there's the "trêve hivernale" which could be translated as "winter truce": from November 1st to March 31st, you are not allowed to evict anyone (unless for safety reasons for instance).
By law, when the tenant ceases to pay rent, the owner must inform the renter through a bailiff about that. Then after 2 months, if the renter still hasn't paid, the owner can go to court.
So really, just at that point, if you did the bailiff thing after your tenant failed to pay for 2 months (because you're nice and didn't do it after just 1), by the time you go to court (because you have to wait 2 months), you're already due 4 months of rent.
The judge has the final call about the eviction delay, up to 3 years. So if you are lucky (not possible) and see the judge at that 4 months mark, judge who decides your tenant should be gone, you'll have to wait another 2 months. Because you can't legally kick out anyone without letting them a chance to find something else: they have 2 months to do that.
So that's 6 months already. I'm sure you can at least add 2 or 3 because courts are slow.
If winter comes, and unlike in Game of Thrones, it comes every year, you'll have to wait for the winter break.
The bottom line is on average, an eviction takes 18 months...
I could add the judge can give a payment delay to the tenant: from 2 months to 2 years.
You can google it, it'll be difficult to find a good translation but:
https://www.french-property.com/guides/france/working-in-france/letting-property/legal-proceedings/possession-proceedings/ https://www.french-property.com/guides/france/working-in-fra...
https://www.french-property.com/guides/france/working-in-france/letting-property/termination-of-tenancy/ https://www.french-property.com/guides/france/working-in-fra...
- BrandoElFollito 10y agoThen comes the nightmare of getting rid of someone who pays (because got want to, for some reason, like having a friend renting your flat). Basically, it is impossible. Strictly impossible during theft compulsory 3 years rent contract and almost impossible after if the renter does not want to leave. If you want to sell the flat, good luck as week : not possible during the rent period (except with the renter in the package) and you have to give the renter priority in any case.
- llsf 10y agoI do own rental properties, including 2 in France. While it is difficult to get rid of a non-paying (or worst paying only time to time), it is not impossible to get rid of them. I did after 3 years of being payed on and off. One thing the landlord can do, is get all the social aid (Caisse d'Allocation Familiale) being sent directly to the landlord. So, at least the landlord does get something every month. Then as mentioned you can go the court route. You can also not renew the lease (granted, in France a lease is 3 year, so be patient) by sending an letter 6 months before the end of the current lease (which I did). The bad tenant left with about 4 missing rents (and damages in the apartment), but I obviously did not give back the deposit. All in all I did lost some money, but that is part of rental properties, that is not CD (Certificate of Deposit) with fixed interest. Like most investments, it incurs some risks too. Having been a renter for years, I understand that renters need some protections and also an easy way out if they have some financial difficulties. There is a balance to find between landlord and tenant. If we could make easy for a tenant to move and find a more suitable place, I am sure tenants will be less willing to stick (and eventually not pay) when their financial situation changes (e.g. loss of job). But right now, it is almost impossible for someone who just lost his job, to seek a smaller/cheaper place. Hence he gets stuck with the current place, with a rent that is not matching anymore his income.
- Arizhel 10y ago>All in all I did lost some money, but that is part of rental properties, that is not CD (Certificate of Deposit) with fixed interest. Like most investments, it incurs some risks too. But are they worth it? Unless you're making a really large profit, it seems like you're far better off just putting your money into an S&P500 index fund or other stock funds. With a stock fund, all you have to do is put your money in there, and wait. With a rental house, you have to deal with repairs, collecting rent, using the legal system when tenants don't pay, etc. Unless you're making a 100% profit, I fail to see how rental property makes any sense as an investment at all in that environment.
- HeyLaughingBoy 10y ago