Our guest: Nathalie Robert, Lawyer ADIL Loire Haute-Loire
Unpaid rent: how to protect yourself?
Failure by the tenant to fulfill his rental obligations (and in particular failure to pay rent or charges) may justify termination of the lease and may lead the lessor to initiate eviction proceedings against his tenant.
Article 24 of the law of July 6, 1989 details the procedure that the lessor must implement to bring into play the termination clause of the lease following an unpaid debt.
To guard against the risk of non-payment, it is therefore advisable to take a number of precautions :
Before signing the lease, the lessor must check the financial capacity of the candidate tenant, that is to say the level of his resources with regard to the amount of the rent and the charges.
At the time of signing the lease, the lessor can either require a deposit from a third party (a relative for example), or take out unpaid rent guarantee with an insurance company or even request the Visale guarantee if the tenant is eligible.
During the rental, aid may be requested to ensure that the tenant remains in his accommodation.
The Social and Financial Diagnosis (DSF)
The Social and Financial Diagnosis (DSF) is a document produced by a social or legal agent designated by the Departmental Action Plan for Housing and Accommodation for Disadvantaged People (PDALHPD) (for example: Departmental Councils, Caf, ADIL, etc.). It is not new, previously entitled “financial and social survey”, several legislative and regulatory texts have gradually built the content since 1999.
In application of the ELAN law of 23/11/2018, the decree of August 23, 2022 establishes a single DSF form, approved under a CERFA number (n°16227*01).
This decree is accompanied by a notice that recalls the objectives of the DSF, the steps to complete it, as well as the steps that can be taken before the hearing.
This form makes it possible to reduce the disparities and inequalities in the treatment of tenants before the civil courts. This unique model is structured in eight sections,
Carrying out a Social and Financial Diagnosis (DSF) is a mandatory step, before the hearing, in the context of any legal proceedings aimed at the termination of a residential lease for reasons of unpaid rental. This document is therefore not used in the context of evictions for other reasons, such as disturbance of enjoyment or leave.
The DSF is submitted to the judge before the hearing in order to assess the financial situation of the tenant, to assess the advisability of a clearance plan or to terminate the lease.
The ADILs, as part of their mission to inform and advise households (art. L.366-1 of the CCH), answer questions from tenants and landlords relating to unpaid rent and evictions.
Contact ADIL: 20 A rue Balaÿ
42000 Saint-Etienne
Such : 04 77 95 13 32