Does Landlord have right of entry?

[Daft Doctor]

Hi, will make a long story a bit shorter.  We are currently letting a large apartment in France as our main residence.  We have a standard 'off the shelf' furnished rental contract.  Our Landlord has an alcohol problem and is not terribly pleasant.  Thing is on 2 separate occasions booze has gone missing from our drinks cabinet, once in the summer when we were away on holiday in the UK, and again sometime in the last 3 weeks.  Each occasion no sign of forced entry and no-one but the landlord and his wife (who live in an apartment on the ground floor of the building) have keys and access apart from us. 

Aside from the issue of what is essentially theft of the booze (approx 120 euros worth over the 2 episodes), there is the issue of unauthorised entry into our home.  Interestingly however, when I looked at the conditions on our rental contract and in particular the responsibilities of the landlord, there is no specific mention of a prohibition from entering the apartment without permission.  Remember this is an unaltered standard rental contract, so the terms are likely to be the norm. 

The question is whether there is no mention of a clause prohibiting entry for the landlord because it is enshrined in more general french law regarding one's home and possessions, e.g a law of tresspass, etc?  We don't want to escalate things unecessarily and of course would have difficulty proving wrongdoing in a court, but if it comes to pointing out some common truths to our landlord about our rights I would need to be sure of my facts.  Any insight would therefore be gratefully received.  Thanks in advance.

[Clair]

Does a landlord have right of entry? No, a landlord cannot enter a rented property at will. The rented property constitutes your residence and this entitles you to your privacy.

More details HERE (translation) and HERE (translation) - note the point about the keys...

This page (translation) explains the circumstances under which the tenant must allow a visit by the landlord.

An interesting legal point HERE (translation).

The ANIL website is your point of reference for any tenancy question. There is a branch in each département (ADIL).

[Daft Doctor]

Thank you Clair, that is incredibly helpful.  I'm boiling inside of course, but I've long since learned to take your time and keep a level head in this type of situation.  Seems the law is right on our side, but will keep that in my back pocket for further down the line in case we do not get their cooperation. 

[Clair]

I doubt your landlord will know enough about technology to ask too many questions, so you could innocently let slip that you are using computerised cameras to keep an eye on things whilst you're away.

You could mention they detect movement and send everything they film to your mobile phone or computer...

You could also actually use one of these nanny-cams to keep an eye on your drinks cabinet... [;-)]

[Lehaut]

If its a standard door, just change out the internal part of the lock, very easy to do then just you will have the key.

[suein56]

[quote user="Lehaut"]If its a standard door, just change out the internal part of the lock, very easy to do then just you will have the key.[/quote]

+1

Just remember to change back to the original lock for the 'état des lieux sortant'.

Sue

[Chancer]

I would sabotage the drink [6]

Not with something that could kill as you would be liable but how about marinading chillies or something into a bottle?

You could also set up the spycam to view the results.

[Frederick]

[quote user="Chancer"]

I would sabotage the drink [6]

Not with something that could kill as you would be liable but how about marinading chillies or something into a bottle?

You could also set up the spycam to view the results.

[/quote]

Me too    "  Ex Lax Max  "

[NormanH]

If there was only the choice between White Spirit and Turpentine your problem might be resolved..

[YCCMB]

I'd just stick a label round the neck of each bottle saying "I know you've been stealing my booze".

He will never be able to admit he's seen the label, nor will he be able to steal any bottles.

[Lehaut]

If, as it sounds, the Landlord is an alcholic, then subtilty will be lost on him. He is probably well into his cups when he plucks up the courage to burgle the appartment. Lidls were doing very loud battery /mains powered movement sensing alarms, if you don't want to change the door lock or install an new one, try that approach, leave it on when you go out, you might find a bit of a mess to clear up when you come back though!!

[Daft Doctor]

Well what a turn of events there's been!  Thank you firstly for your helpful and at times amusing comments.  After reading Clair's postings last night, I sent a non-accusatory email simply reporting what had happened and asking if she (the landlord's wife) knew anything about it.  We also downloaded some software onto the laptop, converting it into a motion sensing spy camera, which records 30 seconds of video footage when it is triggered.  We took the dog out for a walk this afternoon and bingo!  Within half an hour the landlord's wife came in, went into the drinks cabinet, poured herself what she thought was Gin (it was water as it happens - wish I'd added something nasty, like an emetic!).  She came back in 4 minutes later, back in the cabinet and took some cheap Genepi.  She poured herself a huge measure then disappeared again.  I have it all on video, and have sent the clips to three other people for safe keeping.  Its only a shame I can't post the video on here and amuse you all!

Anyway, I'm compiling a more confrontational email with a list of (reasonable) conditions she must fulfill if we are to 'overlook' the current issues.  These include a full admission and apology, funding the cost of changing the locks, replacing all the booze either directly or by reimbursement, etc ,etc.  We must of course be careful to stay reasonable and avoid accusations of blackmail.  One thing which worries us is the deposit of 2 months rent we paid when we signed our contract.  Legally I can't withold rent payments in lieu, but I'm worried it has already been spent on booze, either by her, him or them both.  I am making a suggestion therefore either that they agree to place it in a client account at a Notaire of our choice for safekeeping or that they agree in writing to us not paying our last 2 months rent and accept in writing that it would not be a breach of our tenancy agreement to do so. 

If you've any other comments or thoughts I'm all ears, this has been quite a day!   

  

[Frederick]

Ten out of Ten ......Well done !

[Cendrillon]

RESULT! [:)][B]

[Daft Doctor]

Thanks, I have to say that it was the wonderful Mrs DD who came up with the idea of using an app to convert the ipad and laptop to a spycam, she's not just a pretty face! [:D]

[Chancer]

My first gut feeling was that it was one of the couple hiding their drinking from the other and something told me it would be the wife, then I re-read your first posting and you made no mention of her, only saying that the landlord was alcoholic so I told myself not to be so judgemental and to read things carefully before jumping to conclusions.

And now it turns out that I was correct [8-|] and you found out really quickly as well which is far better than not knowing and suspecting perhaps the wrong person.

I  agree with you that you now need to tread carefully as if not your problems could only be beginning.

[idun]

  I think that you should get yourself to your local ADIL ASAP and take a copy of your evidence with you.

There is something called the treve hivernale in France, and as far as I am aware, they cannot chuck you out if you don't pay your rent in winter, from 1st Nov, until mid March, dates vary each year and I am fairly sure that this applies to furnished property too, you need to ask.

So the question is, when are you moving? The sooner the better I would say, as you are being cambrioler mais, sans effraction, as they have the key! This is very serious. Personally I would be thinking of getting out as soon as possible as this could get very nasty. And as long as it is during winter, then I would change the locks and I wouldn't pay the last two months.

I know that a friends proprietaire used to go into her appt when she wasn't there, but there is a huge difference between going in, (even if it is not allowed/legal) and stealing.

And as I have no confidence in these crooks, then I would say you need to take photos of every last bit of their furnishings and the appartment when you leave so that they cannot accuse you of damage, of anything or any part of it. Also make sure that you have all your meter readings done properly and your phone off on the day you leave.

You have been talking about paint, so you must be close to moving. And the best of luck to you.

[Daft Doctor]

Hi idun, thanks for that. We will be out by end of March as new house will be finished by then. Will check out ADIL and think on next move. Will definitely change the lock and will look into the treve hivernale. Just want to have a reasonably secure and peaceable time over the next few months.

[idun]

Your nearest ADIL is in Annecy. The treve is from the 1st of November until the 15th March this winter, I reckon it is for furnished property too, but you have to check up.

[PaulT]

Be good if you could very openly go out and then sneak back in, hide in, say, a bedroom, and when she is taking a drink leap out and shout 'surprise'.

[Loiseau]

...or ostentatiously wrap your booze cupboard up with chain and padlocks.

Or maybe Mrs DD's next project could be one of those explosive things that covers the perpetrator with indelible purple gunk?

Angela

[idun]

For various reasons I have had a nuit blanche and your landlord problem came to mind in the early hours.

Have you got a bolt that goes across when you are at home? They could waltz in at any time couldn't they. Personally, I could not be doing with it all.

[Frederick]

[quote user="Loiseau"]...or ostentatiously wrap your booze cupboard up with chain and padlocks.

Or maybe Mrs DD's next project could be one of those explosive things that covers the perpetrator with indelible purple gunk?

Angela[/quote]

Brings back memories...I used to work with a guy who loved joke shops .... There was a spring loaded flat metal thing he had that held a plastic cap banger that went off with a hell of a thump ! He used to hide it up under phones in filing cabinets in books under peoples tea mugs ....  Guaranteed to cause her to change her underwear .

[Gardian]

But he's 'The Doctor', so he ought to be able to time-warp his way ahead of them and ................ no, I'm entering that world of fantasy that I'm less than keen on!

Seriously though, I reckon that this qualifies to be on the Shortlist for 'Thread of the Year'.  Quite, quite extraordinary.

It beggars belief how cheeky some people can be.  DD ought to be invited to join the Diplomatic Service - I'd have got my two large sons over from the UK and gone round to 'rattle their cage'. But then, I never have been all that diplomatic.  

[Pommier]

I don't think the thief can be very bright or she'd have replaced the stolen drink with a bit of water.