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Due to the pandemic caused by the coronavirus, there are many delays in rents and unpaid bills on the part of tenants. Despite this state of affairs, landlords must follow specific procedures before evicting these defaulting tenants. Here is everything you need to know about the procedure for evicting tenants during Covid-19.
What are the steps before eviction for unpaid rents?
In the event of unpaid rents, landlords must necessarily initiate a procedure for unpaid rents before any eviction of a tenant. The owner must first contact his insurer or the tenant’s surety. In this context, it will be necessary to notify him by correspondence so that he puts an end to the violations of the terms of the contract. You can also send him a letter by bailiff which must cover the termination clause.
In the event that the tenant benefits from a housing allowance, the lessor must obligatorily notify the MSA or the CAF. The termination of the lease, which constitutes the stage prior to the eviction, can be pronounced automatically by the judge if the lease contains a termination clause. In addition, the judge also has the possibility of certifying the expulsion after analyzing the situation.
What are the conditions to be able to evict a tenant?
There are specific conditions for landlords to evict their tenants during this pandemic time. This decision can be taken when the default situation results from an irregularity prior to the first period of confinement. It is also possible to terminate the lease and evict the tenant in the event of refusal to pay previous rents and charges.
Other reasons can also lead to the termination of the lease. Among these, we have irregular subletting, abnormal neighborhood disturbances or non-compliance with the destination of the lease.
What government assistance is available to deal with unpaid rents?
To better manage unpaid rents, landlords can resort to government assistance. In fact, the government has created a fund to help with unpaid rent to deal with this crisis. These include the Housing Solidarity Fund (FSL) and the Housing Action, which allow you to benefit from assistance depending on your situation.
The lessor may also benefit from aid specifically intended for compensation. This is thanks to a supply from the owners compensation fund. This aid is valid in the event of the maintenance in the accommodation of tenants for whom the termination of the lease or the eviction has been ordered. In the event of communication difficulty with the tenant, you can benefit from the intervention of a court conciliator free of charge.