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Tenant away! It may happen that a tenant leaves a dwelling without notifying the lessor or leaving an address and with often unpaid rent. How can the owner find it? How can he recover unpaid rent?
Make an inventory
First of all, it is advisable to carry out a personal investigation with the employer of the tenant, which will make it possible to check if the tenant still works in the same company and also to know his new address. These elements can be useful for establishing a statement of remuneration. Then, it is necessary to carry out an inspection of the neighborhood which can attest to the departure of the tenant (when the concierge or the neighbors have seen him leave, for example). If there is no trace of the tenant, it is possible to call on a private detective, hired by a lawyer. This will allow you to obtain recent information (employer, address, etc.) but also to know the solvency of the tenant in order to know whether or not to initiate legal proceedings.
Declare departure
Once the departure of the tenant has been declared certain, the lessor must not enter the accommodation alone and a bailiff must be appointed beforehand. The bailiff will go on site, with a locksmith and the quaestor, to check that the accommodation is empty and to note any damage. He will also draw up a report of taking charge which will allow the owner to quickly and officially recover the accommodation.
Collect unpaid rent
If there has been no exit inventory or return of the keys, the apartment is considered as still rented and the owner can then claim the unpaid rent. To recover part of these unpaid rents, he can request a precautionary measure which will allow him to seize the remuneration or the current accounts. The request is filed with the district court of the debtor’s domicile. The bailiff will then transfer the money gradually according to the other creditors and the salary. The statute of limitations for rent is five years, so you have to act quickly.
Summons
The owner can summon the district court to assert other claims: occupancy compensation, compensation for any damage (quote and bailiff’s certificate to be provided), compensation for legal costs, etc. In general, the order is issued within 6 months. Maître DAMY is an expert in matters of eviction and recovery of rental debts.
Société d’Avocats DAMY , Nice, My tenant left without leaving an address, Update 2022.
