Taking the law into your own hands is punishable by law. This basic principle, provided by law, a good owner learned the hard way. On the Promenade des Anglais, Richard rents out his 60 m² apartment for 2,000 euros per month. If we believe the real estate advertising sites so far, nothing unusual, except the rent which is 23% too expensive compared to the high range (27 euros per m²). Landlord seeks tenant. But things get complicated later.
A formal lease was signed on February 10, according to BFM TV, citing a police source. But the tenant, who claims he never received any rent, allegedly demanded payment in cash, which the tenant refused. The owner would have paid a personal 100 euros to get it out. “The law provides that the tenant must pay the landlord a “certain price” in exchange for the accommodation (“thing” within the meaning of Article 1709 of the Civil Code). But the owner cannot take justice into his own hands», recalls real estate law attorney Mi Romain Rossi-Landy. In fact it is a crime punishable by law: the owner risks three years in prison and a fine of 30,000 euros. The tenant, who claims he was threatened and raped by his wife, contacted the police who took the owner into custody and then referred him. Under judicial supervision, he no longer has the right to enter his apartment or speak to the tenant.
Christian will study the astrocy file
In the meantime, the owner, who says he lives in a studio lent to him by a friend, contacted the mayor of Nice, Christian Estrosi, on Thursday 14 March. The Horizons elected official assures that he will follow up on his file. “Is it normal that when you come to a gentleman’s house as a squatter, the mayor cannot immediately evict himself?“, he laments. The mayor of Nice refers to the “anti-squats” law adopted by the Constitutional Council in July 2023 and defended by Guillaume Kasbarian, LREM deputy for Ure-et-Loire. It provides that the mayor “Notice» Illegal occupation of accommodation but not eviction of squatters remains the prerogative of the prefect.
Where Christian Astrosi is wrong is that the occupant of a residence in Nice is not a squatter but a tenant if a lease – written or oral (Article 1714 of the Civil Code) – is actually signed. If the tenant is at fault, the landlord should sue the tenant instead of taking justice into his own hands. The process is much longer and more expensive in the case of unpaid rent compared to squat: a year on average compared to 72 hours. But in both cases, it is a theoretical figure.
In fact, for unpaid rent, this does not even take into account administrative delays. Because once all legal remedies have been exhausted, it is up to the prefect to intervene to evict the tenants. If he refuses, the owner can claim compensation that covers all unpaid rent. But it will not be paid automatically. To do this, the owner must file an appeal. The compensation, which is paid by the state thanks to the budget allocated to the prefectures, is received after an average of 6 to 7 months.
