On what grounds can I evict my tenant?
Has your tenant failed to meet certain obligations? Do you think you are within your rights to evict him or her? When can you evict a tenant?
Using the online rental eviction procedure on the AGN Avocats website, you can have your tenant evicted for 990 euros, excluding bailiff’s fees.
Here are the most common reasons for evicting your tenant:
Reason 1: Evicting your tenant for unpaid rent
This is the situation you will encounter most frequently: your tenant doesn’t pay rents regularly, depriving you of a source of income.
Your tenant is obliged to pay his or her rent and utilities on the agreed dates (article 7 of the French law of July 6, 1989 aimed at improving rental relations). Non-payment of these is grounds for termination of your lease (article 24 of the same law), and may lead to your tenant’s eviction.
If you find yourself in this situation, take immediate action to recover your unpaid rent by sending your tenant a summons to pay. This is mandatory.
If your tenant still refuses to pay the rent due, you can initiate eviction proceedings to get your property back.
Reason 2: Evict your tenant for lack of home insurance
Your tenant is also obliged to take out home insurance for the accommodation he or she occupies (article 7 g) of the aforementioned law), i.e. to insure against the risks for which he or she is responsible, known as rental risks, such as fire or water damage. The tenant can of course take out this insurance with the insurance company of his or her choice.
Your tenant must be able to provide proof of this insurance by submitting a certificate when the keys are handed over, each time the lease is renewed, and every year at your request.
If your tenant fails to provide you with proof of insurance when signing or renewing the lease, or when you request it, you have two options:
- Cancel the lease
- Take out home insurance on your tenant’s behalf; in this case, of course, you lose the right to terminate the lease for lack of insurance.
Reason 3: Evict your tenant for damage to your property
First of all, don’t confuse dirt with damage! It is perfectly possible for your tenant to live in a dreadful apartment, and return it to you in normal condition.
You are in a tricky situation here, since you can’t enter your rental property or impose visits if they haven’t been provided for in the lease.
If you think your property has been damaged, the first difficulty will be to legitimize your intrusion into the premises and have it recorded. This will be the case, for example, in the event of water damage, complaints from co-owners, or the need for work.
Once the damage has been noted, you need to establish that it was indeed caused by your tenant.
You will then be able to start proceedings to terminate the lease and evict your tenant!
Reason 4: Evict your tenant for neighborhood disturbances
Article 1729 of the French Civil Code provides that “if the lessee does not use the leased property reasonably, or uses the leased property for a purpose other than that for which it was intended, or from which damage may result for the lessor, the latter may, depending on the circumstances, have the lease terminated”.
An abnormal neighborhood disturbance is one that “exceeds normal neighborhood annoyances”. It must be “continuous”, i.e. permanent, lasting or repetitive. If your tenant causes such a disturbance, he or she is in breach of a clause in the lease.
You can demonstrate this, independently of any fault on your part, by proving damage caused to the victim of the disturbance, in this case your tenant’s neighbor.
Be careful, you could be held liable!
Your tenant is primarily responsible for any disturbance he or she causes to the neighborhood, but if you have been duly informed of the nuisance (formal notice and official information from neighbors or the building manager asking you to put an end to it), you must take certain steps with your tenant.
If you do nothing, you could be held liable. On the other hand, if you do everything you can to put an end to the disturbance; you won’t be held liable, no matter how successful you are.
Once the abnormal disturbance has been proven, you can initiate eviction proceedings.
Reason 5: Evict your tenant due to non-compliance with vacation procedures
The procedure for notice to vacate for sale is set out in article 15 of law no. 89-462 of July 6, 1989.
Please note! Here are a few rules to be aware of regarding notice to vacate procedures:
- your notice to quit must be justified;
- your tenant must not be protected by law on grounds of age or low income;
- you must have decided to sell or repossess your property, or have a legitimate and serious reason for doing so.
You can only launch this procedure 6 months before the end of the lease or its renewal, by sending your tenant notice by registered letter. You cannot give your tenant notice at any time.
You are then in a situation where, 6 months after your tenant has received notice, he or she still refuses to leave your property. You can then initiate eviction proceedings against your tenant.
Generally, as soon as your tenant disregards an obligation stipulated in the lease contract, you have the option of evicting him or her.
Has your tenant failed to meet one of his or her contractual obligations?
Use the online rental eviction procedure on the AGN avocats website, and get your tenant evicted for 990 euros, excluding bailiff’s fees.
If you would like more information on rental eviction, AGN Avocats invites you to read these articles:
- My tenant does not pay the rent! How can I evict him?
- How to evict a tenant or squatter?