The Limited Times

Now you can see non-English news...

Squats, unpaid rent: the hassle of landlords to get compensated by the State

2023-03-29T11:25:09.048Z


OUR ADVICE - Injured owners can be compensated if the prefect refuses to evict a squatter or a deadbeat tenant. Explanations.


The “anti-squats” law adopted at the end of 2020 complies with the Constitution.

On paper, this recent decision of the Constitutional Council is something to delight owners.

But the sages of the Royal Palace have added a reserve that could chill them.

The provisions of the "anti-squats" law "

cannot, without disproportionately infringing the right to respect for private life and the principle of the inviolability of the home, be interpreted as authorizing the prefect to issue formal notice without taking into account the personal or family situation of the occupant whose evacuation is requested

” (article 12).

"

Won't this reserve make it more difficult for squatters to evacuate?

“Asks a user.

To those who fear an increase in refusals from prefects, I reply that this reservation from the Constitutional Council is not a reason for refusal but a simple consideration of the situation of the occupants, reacts Guillaume Kasbarian, LREM deputy

for Eure- et-Loir (28), author of the bill on illegal occupation, examined this Wednesday in the National Assembly and in which he plans to include this reservation of the Constitutional Council.

However, the increase in delays is not linked to the prefects' assessment of the situation of the occupants but to the fact that they are overwhelmed.

Despite this, files are processed in just 7 days on average (compared to 48 hours provided for by law), according to the 2021 application mission.

Me Aurore Tabordet-Merigoux, lawyer in real estate law, believes, on the contrary, that the deadlines could lengthen or the refusals multiply.

"

The vast majority of squatters are people in a situation of personal or family fragility

," says Me Aurore Tabordet-Merigoux, real estate lawyer.

The police forces, with whom I was able to talk, are more reluctant to expel this type of population than young offenders.

This will force the owners to launch legal proceedings, which are long and costly.

This article is for subscribers only.

You have 73% left to discover.

Want to read more?

Unlock all items immediately.

Without engagement.

TEST FOR €0.99

Already subscribed?

Login

Source: lefigaro

All news articles on 2023-03-29

You may like

News/Politics 2024-01-31T18:21:37.112Z

Trends 24h

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.