Non Paying Locataire Update.

[ams]

In order to commence the litigation procedure, we visited the local Huissier de Justice. They informed us that it is necessay for the tenant to be in arrears for at least two months. The worse news is that the Hussier recognised the name of the Tenant, and told us that the previous house owner had an identical problem with him. In addition he knows the legal system inside out and fully uses it to his advantage.

 

It seems strange tht we paid 10% of the annual rental income to an estate agent who was charged with the duty of checking the financial information of the tenant.

 

We visited the tenant and explained to them that we now new their history. We removed the wooden shutters and told them that we would return on saturday with a picket and march up and down outsider our house, explaining to all and sundry that they were liar's and cheaters. In addition we told them that we woul follow them around the local town demanding our rent.

 

They promised to pay us on monday. (0% chance).

 

The Huissier will commence drawing up the papers on the 2nd september.

[Chancer]

My commiserations to you.

When I finally finish my works I too will be a landlord to French tenants so have been gathering as much info as possible from French friends who are also Landlords.

From what I know agents around here will not even allow petential tenants to view a property until they have submitted a full dossier of financial information and more importantly previuos rental history with documentary evidence from all previuos landlords for the past 10 years showing that they paid their rent on time, whether any deductions were made from security deposit etc and why.

Anyone that cannot come up with that info (as plenty of brits trying to rent have found) must have a guarantor for the payments.

Quite simply around here (and I believe it to be true of all France) tenants like yours would never even be passed on to the landlord.

Having had discussions with the last poster in your situation i am beginning to wonder whether some agents (and of course dodgy tenants) are taking advantage of the naivety (not meant as an insult) of British landlords in order to make a quick killing by getting their commision on tenants that they would not dare submit to a more experienced French landlords.

As an aside the landlords that I know use and pay agencies to find and vet tenants and furthermore pay a percentage to the Hussiers to act as rent collectors even though they only select what appears to be the best tenants. They tell me that this is money well spent (between 2 and 4% of rental according to how many properties that they have) and these are the sort of people who never waste money, having seen how large and intimidating the hussiers/rent collectors are I am inclined to agree with them.

This doesn't much help your current situation but may be worth it in the future, that way you will be a valued client of the hussiers and they are far more likely to act quickly and exert physical and mental pressure on your behalf.

good luck and keep us informed.

[ams]

Thank you for your response, very helpful and valuable information.

 

We contaced the agency that vetted the tenants, they stated that the prior landlord gave a glowing reference to the tenants and never mentioned that he had not paid for 26 months, naturally any opportunity to get out of the nightmare by passing it on to us. !! Nothing in writing was received of course. We are giving consideration to commencing litigation procedures against the estate agents, but that course will cost about €3,800 ttc, with no certainty of success.

 

Yesterday we visited the local CAF and explained the situation as regards the tenants. apparently the tenants had already lodged papers the previous week. Although we are not certain, it would appear that the tenants have lodged the papers stating that they have not paid the rent for the months of July and August and that we have approved the payment of €318 per month to go directly into the woman's bank account. We explained that we would like the funds sent directly to our bank account and to that end they gave us a  form called "Demande de versement direct" to be signed by the tenant (woman as they are her childen, not his) and to return it to them along with a rib. In addition we told the CAF that the rent had been paid for the month of July. Apparently they lied about the rent in order to get the payment quickly as the procedure for payment can not be commenced until 2 months rent is in arrears. So we will not get any payment until the end of October 2007.

 

However I imagine that once they find out this morning that we have been to the CAF, they will not sign the form 11362-02.

 

We will visit them again tomorrow and request the document be signed and demand the rent. proceedings with the Huissier will commence in september and next week we will commence operation give us our rent by arriving onto the lottisement with our signs and ringing the doorbell every 20 minutes.

 

We have other properties rented out and so far have encountered no problems, one tenant has been with us for 31 months, again payments are through the CAF.

[Benjamin]

ams wrote

However I imagine that once they find out this morning that we have been to the CAF, they will not sign the form 11362-02.

Is it worth asking the Huissier's opinion first and, if appropriate, get them to go round with you when you ask the tenant to sign the form?

[ams]

good point, will ask him for his opinion.

 

thanks

[Val_2]

My son is renting privately for his University education and we have had to supply the property owner with photos of ourselves,passport and Carte de Séjour photocopies and last two year's Avis d'Impôts and our family business details as well and we had to do the same previously with a specialist student rental accomodation agent. Another factor too is that any CAF payments for our student kids have gone direct to the property owners and not them to pay for the rental,most renters insist on this if grants or benefits are involved.

[woolybanana (ex tag)]

There is a legal list of what documents may be demanded by landlords as proof of solvency etc. I can't find it at the moment but I am pretty sure some of the things being demanded in the posts above are illegal. Anyone help out svp?

[Val_2]

That would be interesting to know about. We didn't mind supplying all those facts as we have nothing to hide and are more interested in the rental but the Avis d'Impôts has been demanded both times now and this latest property owner works in banking as well so knows quite a lot of facts.

[Chancer]

There is a great deal of difference between not having the right to ask of certain information and it being illegal in the context of selecting a suitable locataire.

Luckily if the tenant is not forthcoming with whatever information the landlord sees fit to ask or if he/she says "vous n'avez pas le droite de demander" then they will clearly not be selected.

Thankfully apart from once they are in and not paying rent, seasoned bad debtors are not treated as victimised minorities and proprietaires are not forced to positively discriminate in ther favour - yet[:D]

[Clair]

This pdf file gives some pointers for reaching an amicable solution.

It may not be too late for ams...?  Impayés_de Loyers

[ams]

Thank you for the link. Visited the tenant over the weekend and following the advice on your attached link, we proposed that we would reduce the rent for a period of 6 months and got them to sign the document giving us the CAF funds.

 

Essentially we will get 85% of the rent for this month, and every month the CAF will pay us 43% of the rent. We have agreed to get a further €300 from the tenants each month, getting the first cheque today for the month of August. We have verbally agreed to not ask for the balance of the rent for a period of 6 months, and after that we expect and hope the arrears will be paid.

 

Hoping that September will not be a proble.

 

ams

[Clair]

That sounds like a good move and I am glad you were able to reach an amicable solution.

Good luck with it.

[Washy]

Hi there. What has happened now AMS to the direct payment?  I have some new CAF tenants and have not received the deposit yet which is supposed to be coming from CAF.  It arrived for the previous tenants with no problem as it was their first rental.  I think it is the new tenant's first rental as well, they have paid the rent for June and July and the rent for August went into my account no problem, but still no sign of the deposit.  I have no reason to think they are going to default on payment as they are quite well thought of in the area.  CAF seem to want receipts for payments before the amounts have been paid.  I had to write out receipts for June, July and the deposit but strike through them with the words 'NON Aquitte', no problem with the rents just the deposit.  If anyone thinks there is anything 'fishy' going on here please let me know.  I have in fact promised the couple a washing machine....WHEN I get the deposit, so I have something to hold over them.  I do not however want them to give notice, not pay the rent and 'forget' the deposit.