The story took a national turn.
Wednesday, Élodie and Laurent, a couple of young owners, told their distress in our pages after the purchase of their new house in Ollainville, in Essonne.
They have never been able to set foot there since their property is squatted by a family with four children.
The situation was known, the mention of an "occupation without right or title" appearing in the notarized deed of sale.
But the couple had pleaded naivety: “We thought that a person could have slept there, with the presence of this mattress, but we did not imagine that a family had settled down”, assures Laurent.
VIDEO.
“We go from dream to nightmare”: without knowing it, a couple buys a house squatted by a family
Faced with the media impact of their testimony, the Minister of the Interior Gérald Darmanin took up the case on Thursday.
“With Amélie de Montchalin (Minister of Ecological Transition and legislative candidate in Essonne) we immediately ask the prefect of Essonne to initiate the procedure of article 38 of the DALO law for a rapid evacuation of illegal occupants.
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This situation is unacceptable.
With @AdeMontchalin, we immediately ask the @Prefet91 to initiate the procedure of article 38 of the DALO law for a rapid evacuation of illegal occupants.
https://t.co/kDereCdug9
– Gérald DARMANIN (@GDarmanin) June 9, 2022
What does this procedure consist of?
Article 38 of the DALO law provides for an accelerated expulsion procedure by administrative decision.
"In the event of entry and maintenance in the home of others using maneuvers, threats, assault or coercion, the owner or tenant of the occupied accommodation has the possibility of asking the prefect directly to put in remains the occupant to leave the premises, ”explains the Légifrance site.
For this, the owners must file a complaint, prove that the accommodation is indeed their home, and have the unlawful occupation confirmed by a judicial police officer.
The formal notice must be made within 24 hours.
However, Élodie and Laurent seemed until now to find themselves before a legal wall: the filing of a complaint for invasion of domicile "is understood as soon as the entry into the premises is done by trickery or malice, it is not the case here, there is therefore no criminal offense ”, explained to the Parisian a spokesperson for the Essonne gendarmerie group.
For her part, Amélie de Montchalin clarified that the government had also asked the prefect "to examine the social situation of illegal occupants".
"Élodie, Laurent, the State is by your side," she said in a tweet.
