#2011-945Decree No. 2011-945 on Lease Termination Procedures
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The law establishes procedures for landlords in France to terminate residential leases and reclaim abandoned properties. It outlines how landlords can file a request for lease termination and property repossession, including the necessary documentation and legal formalities. The law also describes the judicial process for handling tenant opposition, the handling of personal belongings left on the premises, and the responsibilities of the court and the bailiff in executing these procedures.
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Key Changes
- Establishes specific procedures for landlords to reclaim abandoned residential properties.
- Introduces a framework for tenants to contest lease termination and repossession in court.
- Clarifies the handling of personal belongings left in abandoned properties and the timeframes involved.
Obligations
What this law requires
Landlords must submit a written request to the court registry accompanied by a bailiff's report (procès-verbal d'huissier de justice) documenting property abandonment, including evidence of non-occupancy and tenant failure to meet lease obligations.
Landlords must ensure service of the court order (ordonnance) with executive formula to the tenant and last known occupants within two months of the order date, or the order becomes void.
Service notification must include: (1) indication of right to oppose; (2) opposition deadline and court information; (3) notification of access to landlord's documents; (4) warning that failure to oppose prevents further recourse; (5) if applicable, summation to remove personal belongings within one month.
Bailiffs must preserve personal documents and papers in sealed envelopes and retain them for two years, while declaring non-valuable items as abandoned.
Tenants or occupants must file opposition to the court order within one month of service by submitting a declaration to the court registry if they wish to contest the termination.