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Rental dispute: when to go to court?

2021-10-23T06:59:25.424Z


If, during a disagreement between owner and tenant, no conciliation phase or the payment order procedure has been successful, legal action can be considered before the protection litigation judge (JCP) within the court. judicial. Lighting.


When the amicable steps or the payment order procedure have not been successful, it is possible to initiate legal action with the judicial court of the place of the housing situation and, more specifically, with the protection litigation judge. (JCP).

Indeed, the judicial court is the only competent to settle a dispute between a lessor and his tenant, and this, whatever the amount (work, payment of rent and charges, inventory of fixtures, etc.).

Since January 1, 2020, the courts have replaced the district and high courts, which until then shared most of the real estate disputes.

It is necessary to seize, more precisely, the judge of the litigation of the protection (JCP) within the judicial court.

This new magistrate has exclusive jurisdiction over disputes relating to residential leases.

Before entering the JCP, when the amount claimed does not exceed 5,000 €, it is necessary, in principle, to justify an attempt

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Source: lefigaro

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