La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
Your legal questions
My tenant doesn't pay his rent, what should I do?
You are a landlord and your tenant no longer pays his rent? Seek an amicable solution.
This solution is to be favoured because litigation can be time-consuming and costly. After a delay of 5 days, you must call the tenant and the person who gives the deposit to ask him/her to settle his/her situation. If this is not sufficient, a registered letter with acknowledgement of receipt must be sent to the tenant and his deposit, keeping a photocopy of all the documents sent and the acknowledgement of receipt.
Send a formal notice.
If the out-of-court procedure has not worked, formal notice remains the last resort before litigation. In this registered letter with acknowledgement of receipt, you must recall the tenant's obligations as described in the lease and the amount of arrears owed to you. The tenant then has 8 days from the reception of the mail to pay you these rents.
Contact the district court.
If the previous proceedings were unsuccessful, contact the district court of the location of the rented property. You can claim the seizure of the movable property of the apartment as well as the tenant's salary. In a second step, you can ask for the seizure of his bank account and finally his order to pay his arrears, the termination of the lease and his expulsion.
The IRL serves as a reference for the rent adjustment that occurs each year during a lease when the lease agreement contains an annual rent adjustment clause. It sets ceilings for annual rent increases that landlords of their tenants may require. This index applies to all rentals of vacant or furnished rental units as a principal residence. This index corresponds to the average, over the last 12 months, of the consumer price index excluding tobacco and rents.