My tenant has filed for default, can I get the accommodation back after the lease ends?

Every month, Big real estate event» (Capital / Radio Immo) answers your questions through the “Concerns You” sequence. Our experts – lawyers, notaries, real estate agents – will solve the most complex legal problems for you and provide you with sound advice, whether you are thinking about selling, buying, renting or renovating your home. In this sequence, Emmanuelle Lefevre, a lawyer in Versailles, answers a question from Franck in Saint-Michel-sur-Orge. Franck’s tenant has not paid rent for several months. Franck was told by the real estate agency that this person had submitted a file on over-indebtedness, which was deemed admissible. However, Franck planned to get his home back for my daughter at the end of the lease. Is it still possible?

In response, Emmanuelle Lefevre clarifies that since the vote on the Elan law, the decision of the commission on over-indebtedness, which has been recognized as admissible, is binding on judges. In theory, Franck will always be able to request permission to take over the accommodation. However, he will have to go before a judge to confirm his request. And you will have understood that the greatest difficulty our landlord will undoubtedly have in winning his case is because of the favorable opinion of the overpayment commission received by his tenant. Find Emmanuelle Lefevre’s analysis in the video above.


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