Mélanie, a landlord in the Loire region, faces difficulties after her tenant abruptly vacated the apartment without notice, taking the keys and stopping rent payments. With personal belongings still inside, she is unsure how to proceed in re-renting the property. The process of legally declaring tenant abandonment involves various steps, including engaging a bailiff and potentially facing court proceedings, complicating the situation for landlords like Mélanie.
The Dilemma of a Landlord: Tenant Abandonment Without Notice
Mélanie, a landlord in the Loire region, is facing a tough situation after her tenant unexpectedly vacated the apartment without any prior notification. To make matters worse, the tenant took the keys with her. This sudden departure has been described as “at the wooden bell” — a term indicating an abrupt exit. “Naturally, she has stopped paying rent!” Mélanie expresses her concerns. “According to neighbors, she left for the North to be with a new partner, taking her children along. I reached out to the Family Allowances Fund, which confirmed she has indeed moved, but that’s all the information I have since she isn’t answering my calls,” she laments.
Mélanie is particularly anxious that her tenant may still be holding onto the apartment, especially since some personal belongings remain inside. Without a formal notice of departure and the keys missing, how can Mélanie proceed to re-rent her property? “I feel completely stuck,” she admits.
Navigating the Legal Process of Tenant Abandonment
When landlords suspect their tenant has abandoned the property, the recovery process varies depending on whether the rental is furnished or unfurnished. According to guidelines from service-public.fr, if the accommodation is furnished, the landlord must seek a judge’s assistance to terminate the lease due to unpaid rent and initiate eviction proceedings against the tenant. In the case of unfurnished properties, the landlord needs to engage a bailiff — the modern term for judicial officers — to issue a formal notice to the tenant, requiring them to prove their occupancy of the property. Should there be any unpaid rent, the bailiff can incorporate this notice into a payment order, giving the tenant one month to respond.
If the tenant fails to reply within this timeframe, the bailiff can officially declare the property abandoned. To do this, they must enter the premises accompanied by two witnesses, which may include the mayor or a municipal councilor, as well as a police or gendarmerie official. If the property is indeed deemed abandoned, the bailiff will generate a report. In cases like Mélanie’s, where belongings are left behind, they will create an inventory and assess the items’ market value.
The bailiff plays a crucial role in helping landlords reclaim their properties. After this, the landlord must present their case to the judge of protection disputes, submitting a request to the court where the rental is located. The judge will then issue an order based on their findings. If the judge denies the landlord’s request, they cannot appeal the decision. However, they can pursue an action to terminate the lease due to unpaid rent and evict the tenant. If the judge rules in favor of the landlord, they will confirm the lease termination and permit the recovery of the premises. Should the tenant fail to remove their belongings within a month, the judge may also authorize a public auction of some items, based on the bailiff’s inventory, while declaring others abandoned.
Once the judge validates the landlord’s request, they have a two-month window to appoint a bailiff to serve the order to the tenant. The tenant can contest this order within one month, leading to a court hearing involving both parties. If the court finds the landlord’s request to be unjust, they risk incurring a fine of up to 10,000 euros.
This scenario represents a challenging ordeal for landlords. If the tenant does not contest the order, the landlord must enlist a bailiff to reclaim the property. The bailiff will visit the premises, document the recovery process, and provide a report to the evicted tenant. It’s undoubtedly a taxing experience for landlords like Mélanie.