Evianers Posted September 28, 2004 Share Posted September 28, 2004 The tenants in our house have a normal three year lease, which runs from November 2003 until November 2006. If they do not give notice and vacant beforehand, is it possible for us to give them the statutory six months notice in May 2006 to vacate in November, bearing in mind they have four children? We read somewhere that one cannot give notice during the winter months, but if we want to live in our own house, must the tenants leave in November? All responses gratefully received. Link to comment Share on other sites More sharing options...
Teamedup Posted September 28, 2004 Share Posted September 28, 2004 Most big towns have associations that deal with landlords and tennants. I would go and see one of these, or a notaire, the former, I imagine would be the cheaper option. Link to comment Share on other sites More sharing options...
Tourangelle Posted September 28, 2004 Share Posted September 28, 2004 Contact the ADIL in your department, I think it is free, we went to see them when we were thinking of buying and didn't pay anything. Link to comment Share on other sites More sharing options...
Alexis Posted September 28, 2004 Share Posted September 28, 2004 Mmm. You will have to be very carefull. Once you have given them notice they might not pay any rent and, as you say, you can't chuck them out in the winter. Then the whole scenerio can start up again the next year. You could lose thousands.Cases like this, where the tenants are determined to stay, can go on for years in France . . .There again, they might be model tenants and find somewhere else! Link to comment Share on other sites More sharing options...
Richardbk Posted September 28, 2004 Share Posted September 28, 2004 You have also to remember that if they refuse to go whilst the law may be technically in your favour, you will be seen as a rich foreigner trying to remove a local family with 4 children - this sort of case does not generally go in favour of the landlord, at least until it reaches higher levels of the legal system. In addition you may encounter some hostile local reaction. You best bet is to try and send the letter of notice and if they initially refuse to try some sort of negotiations - if not and as mentioned above it could get very very expensive. regsRichard Link to comment Share on other sites More sharing options...
Evianers Posted September 29, 2004 Author Share Posted September 29, 2004 Oh my goodness. What a lot of negative feedback. Wished we had never asked! Has no-one anything positive to say? BTW, we cannot contact ADIL as we do not live in France yet (nor in the UK either actually). Whatever happened to 'think positively'? Link to comment Share on other sites More sharing options...
Teamedup Posted September 29, 2004 Share Posted September 29, 2004 I think that the message here is get all the knowledge that you can and do things at exactly the right time. And I would at least say go to Lille and visit ADIL and check all the facts.Ofcourse it may all go very well, especially as you are retiring to the property, but, do it right and make sure you know as much about the law here as your locataire do.ADILrue Alexandre Desrousseaux59800 Lilletél. 03 20.52.99.65e-mail :[email protected] Link to comment Share on other sites More sharing options...
Alexis Posted September 29, 2004 Share Posted September 29, 2004 Sorry, nothing positive to say at all. It can be very tricky.However, you knew this. Several of your posts have been about the tenant having all the good cards in their hands. This is how it is in France. Laws protect them. Link to comment Share on other sites More sharing options...
Kevinmc Posted September 29, 2004 Share Posted September 29, 2004 Damn good thing too !!I'm tired of UK agencies that don't renew our lease and then find the most spurious excuses to stop money from the deposit. They then proceed to stich up the next tenant in exactly the same way.And why the negative conclusions that the tenants aren't going to end their lease peacably ? Link to comment Share on other sites More sharing options...
SaligoBay Posted September 29, 2004 Share Posted September 29, 2004 It's not negative, Kevin. It's just a right that every French tenant knows they have. I've been a tenant for 4 years now, and in the current fuss with mortgage delays etc, even I, mild-mannered and (mostly) honest though I am, take a certain amount of comfort from the fact that if the worst came to the worst, we could just dig in and stay, because it's nearly winter now. Yes, even though the house is already sold and the new owners want to move in in about 4 weeks.I sincerely hope it doesn't come to that, it would be a nightmare for me, and I'd probably cry every day for a year! But the fact that it's even a possibility (or a safety net) colours your outlook.I hope that makes sense. I'm not suggesting that anyone actually does this, btw, I'm only trying to explain it! Link to comment Share on other sites More sharing options...
Mpprh Posted September 29, 2004 Share Posted September 29, 2004 SBEven better, once you know the rules, you discover actually paying the rent is optional too.Doesn't work if you have assets in France because the Huissier will try to seize them. But that could take 3 years. And expulsion by the gendarmes is almost unheard of.Not trying to be negative : speaking from experience !Peter Link to comment Share on other sites More sharing options...
Evianers Posted October 1, 2004 Author Share Posted October 1, 2004 TUThank you for the address in Lille. We contacted them and are within our rights to give six months notice at the end of the lease. We probably wont have to, and certainly would not want to do this, it is just that we now know our rights within the law. We are tenants here in Belgium - my goodness, how laws change with just a border in between! Here, the landlord has all the rights and the tenants virtually none. Just goes to show it is not a perfect world. Link to comment Share on other sites More sharing options...
Teamedup Posted October 1, 2004 Share Posted October 1, 2004 Evianers, I'm pleased that they could help you. It's really best to be well informed of one's rights over here, either as landlord or tennant. Link to comment Share on other sites More sharing options...
Recommended Posts
Please sign in to comment
You will be able to leave a comment after signing in
Sign In Now