When an owner wants to repossess a rental property, he must be particularly attentive to the terms, reasons and forms of his request. But, on the other hand, when a tenant wants to leave his apartment, the forms to be respected should not be taken lightly. In his blog, Me Gabriel Neu-Janicki, a lawyer specializing in real estate law, discusses the frustration of a tenant He left his apartment in the Caen region after the withdrawal request sent on February 4, 2017.
In the middle of the discussions, the tenant had done this procedure by sending a simple email. However, even if the landlord acknowledges receipt of this e-mail, or even if he does the exit inventory and receives the keys, as in this example, all of this is not enough. In fact, Article 15 of Law 89-462 of July 6, 1989 The one that regulates the notification sent by the tenant, specifies that it must be notified by certified letter with proof of receipt, notified by a court commissioner’s deed or received by hand or given against signature.
As a result, this electronic document is of no use, the notice period of 1 month (in tension areas) or 3 months (everywhere else) is counted only from the date of delivery by certified mail or in person. In this case, the tenant a Visal guarantee, this public guarantee managed by Action Logement, which acts as a deposit and guarantee for unpaid rent. The inventory was taken 3 months after the famous email, in May 2017, in the absence of the tenant and the accommodation was not re-let until 15 September 2017. All rent and charges were paid by Visal to the owner. tenants from March to August 2017. That’s when it isHousing Action the service, the structure that manages the Visale guarantee, was brought against the tenant to recover the amounts paid to the owner.
If the district court ruled against it SCI because he believed that the owner of the house had unfairly asked Visal for almost 2,270 euros, the Court of Appeal of Caen changed the situation from top to bottom. He remembers that legally, the rent was still running and therefore due until the end of August. The magistrates have only renewed the supply and regularization accounts, and SCI, which owns the house, requested the return of the surplus 760 euros received from Visale. But it is up to the tenant to pay the rest to Visal, namely 1510 euros, excluding interest at the legal rate of June 29, 2020…