What to do when the tenant abandons the accommodation (departure at the wooden bell)?

Verified 13 June 2023 - Legal and Administrative Information Directorate (Prime Minister)

Do you own a rental property and feel like the tenant has left for good, without telling you? He didn't give you his home insurance certificate, he doesn't take the mail out of his mailbox, or he doesn't pay you rent anymore... You want to take back the house? We explain how to do it.

The approach is different depending on whether you have rented the accommodation with a empty house lease or with a furnished residential lease :

Empty housing

You must follow these steps:

Step-by-step approach

If you assume that the tenant has abandoned the property you own, you must load a Commissioner of Justice to issue to the tenant a formal notice to justify that it occupies the accommodation.

FYI  

In the event of unpaid bills on the part of the tenant, the Commissioner of Justice may integrate the formal notice to one command to pay or a command to show proof of rental insurance.

After the significance of the formal notice by the Commissioner of Justice, the tenant has 1 month to respond.

If the tenant does not reply within this period, the Commissioner of Justice may the state of abandonment of housing.

To do this, he must enter the accommodation in the presence of 2 witnesses:

  • the mayor of the municipality, or a municipal councilor, or an authorized municipal official
  • And a police or gendarme authority
  • Or, as a last resort, 2 adults, not connected to the Commissioner of Justice or to yourself

If the housing seems abandoned, the Commissioner of Justice establishes a notice of abandonment. If any property (e.g. furniture) has been left behind, he/she will take an inventory of the property and indicate its market value.

Approach

The accommodation belongs to you

You must refer the case to the protection litigation judge on request delivery or addressed to the court registry of the place where the rented accommodation is located

The query must contain the following information:

  • Subject matter of the request
  • Identity of the tenant and address of his home
  • Identity of the owner and occupation, address of domicile, nationality, date and place of birth.

The request must be dated, signed and accompanied by all supporting documents (lease...), including the notice of abandonment drafted by the Commissioner of Justice.

The property belongs to a SCI

You have to refer the case to the protection litigation judge on request delivered or addressed to the court registry of the place where the rented accommodation is located.

The query must contain the following information:

  • Subject matter of the request
  • Identity of the tenant and address of his home
  • Form of the legal person owning the dwelling, name, registered office and name of legal representative.

The request must be dated, signed and accompanied by all supporting documents (lease...), including the notice of abandonment done by the Commissioner of Justice.

Decision of the judge

The judge considers that the motion is well founded

The judge makes his decision by order. He noted the termination of the lease and ordered the return of the premises.

In the event of unpaid debts, it may also decide on the request for payment.

When the dwelling still contains property, the judge decides on its fate. On the basis of the inventory drawn up by the Commissioner of Justice, he may authorize the sale by public auction of certain properties and declare the others abandoned, after a period of one month granted to the tenant to remove them from the dwelling.

The judge dismisses the motion

The judge makes his decision by order.

You can't challenge the judge's decision.

But you can initiate a procedure to have the lease terminated (for lack of rental insurance or for unpaid) and request deportation.

When the judge recognizes the merits of your application, you have 2 months to appoint a Commissioner of Justice to signify the order to the tenant.

Warning  

If the order is not served within that period, it becomes void.

The meaning must obligatory provide the tenant with the following information:

  • How to challenge the judge's order (time limit, competent court, form of challenge)
  • How to read the documents on which the owner's application is based
  • The impossibility of challenging the order after the statutory deadline
  • The possibility to remove from the accommodation what belongs to him (objects, furniture, clothes...) within one month.

If the Commissioner of Justice gives the tenant service in person, he must also inform him verbally of his rights.

Warning  

The tenant may challenge the order within one month of serviceby sending or lodging a statement at the Registry of the Court. You and the tenant are then summoned to the hearing by registered letter with acknowledgement of receipt. The judgment rendered replaces the judge's order. If the court finds that your original application was abusive, you may be sentenced to a civil fine of up to €10,000.

If the tenant does not contest the order within one month of service, you must then appoint a Commissioner of Justice to take over the premises.

For that, the justice commissioner goes into the housing and trains there a report on the return of the premises, which shall contain the following information:

  • The operations carried out by the Commissioner of Justice, the identity of the locksmith and witnesses
  • Designation of the court competent to challenge the expulsion

This report must be delivered in person or served on the evicted tenant.

FYI  

  • The papers and personal documents of the tenant are placed in sealed envelopes and kept by the Commissioner of Justice for 2 years.
  • Goods with a market value will be auctioned. The proceeds of the sale, after deduction of the fees and sums due to you, are returned to the person evicted through the Caisse des Dépôts et Consignations.

Furnished accommodation

You must appeal to the judge to obtain the termination of the lease (for lack of rental insurance or for unpaid) and request eviction of the tenant.

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