Estimated reading time (in minutes)
Disruption of tenants! Tenant trouble! The landlord may have a tenant who is causing nuisance in the building. Is his responsibility then engaged? What should be done?
When am I responsible?
Disruption of tenants! The owner remains responsible for his tenant’s compliance with the co-ownership regulations and the general rules of good neighbourliness. The owner is therefore responsible for the nuisances of his tenant when there is, for example, an attack on the common areas with degradation or congestion. He is also responsible in the event of the exercise of an activity prohibited by the co-ownership regulations by his tenant, such as the exercise of an unauthorized commercial activity. Similarly, the owner is also liable if his tenant is the cause of damage caused to third parties such as water damage. The owner is also responsible if his tenant has a noisy or aggressive behavior towards the neighborhood.
What if I’m responsible?
Once the landlord has been informed of the nuisance caused by his tenant, he must act quickly to put an end to it. The first step is to send a letter of formal notice to put an end to the problem causing the nuisance. If this is not enough, you must request the judicial termination of the lease for fault with the tribunal de grande instance. To do this, you can take advice from a lawyer who will draft a summons, ask a bailiff or go directly to the tribunal de grande instance, which will summon the tenant to a next hearing. Concerning the exercise of prostitution by its tenant, it is in our interest to act as quickly as possible because we risk heavy criminal penalties for procuring.
What am I risking?
The owner who has not acted to put an end to the nuisances caused by his tenant engages his responsibility not only with regard to the syndicate of co-owners but also with regard to any co-owner or tenant victim of these nuisances. All these people can apply to the tribunal de grande instance to obtain an order against the owner to put an end to the disturbance and also to pay him damages. The syndicate of co-owners also has the possibility of requesting the judicial termination of the tenant’s lease. It is therefore strongly advised to act quickly against your tenant to demonstrate your good faith with regard to the syndicate of co-owners, other co-owners and tenants, but also so that you can then turn against your tenant in the event of a conviction.
Société d’Avocats DAMY , Nice, Am I responsible for the nuisance caused by my tenant in the building?, Update 2022
