You are a landlord and your tenant no longer pays his rent?
Look for an amicable solution.
This solution is to be favored because litigation can be long and costly. After 5 days of delay, you must call the tenant and the person standing surety to invite him to settle his situation. If this is not enough, you must then send a registered letter with acknowledgment of receipt to the tenant and his deposit, keeping a photocopy of all the documents sent as well as the acknowledgment of receipt.
Send a formal notice.
If the amicable way did not work, the formal notice remains the last resort before the litigation way. In this registered letter with acknowledgment of receipt, you must recall the tenant’s obligations as described in the lease and the amount of arrears due to you. The tenant then has 8 days from receipt of the letter to pay you these rents.
Go to the district court.
If the previous procedures have not been successful, contact the district court of the location of the rented building. You can claim the seizure of the movable property of the apartment as well as the salary of the tenant. In a second step, you can request the seizure of his bank account and finally his order to pay his arrears, the termination of the lease and his expulsion.
NB
The IRL serves as a reference for the rent review occurring each year during the lease when the rental contract includes an annual rent review clause. It sets the ceilings for the annual rent increases that landlords can demand from their tenants. This index applies to all rentals of accommodation rented empty or furnished as a principal residence.
This index corresponds to the average, over the last 12 months, of the consumer price index excluding tobacco and excluding rents.
DAMY Law Firm, Nice, Unpaid Rents, Update 2022.
