Tenant still not evicted? Claim compensation for your losses

After obtaining a decision from the Judge responsible for Protection Litigation (JCP) ordering the eviction of a tenant, many landlords find themselves helpless when faced with the Prefect’s failure to grant the assistance of the public authorities required to carry out the eviction of the refusing tenant.

These property owners are recognised by administrative case law as victims of a breach of the principle of equality before public charges.

You may therefore request compensation for the loss suffered as a result of the refusal to provide assistance from the public authorities.

A compensation claim after eviction?

The procedure consists of two stages.

Before referring the matter to the Administrative Court, the LEXSTONE AVOCATS firm, located in Puget-sur-Argens and Rocbaron, sends a prior compensation claim to the relevant State representative, determined according to the geographical location of the rented property.

It is the refusal issued in response to this letter that allows the matter to be brought before the Administrative Court, failing which the claim will be deemed inadmissible.

An amicable procedure may also take place between the landlord and the Prefecture.

Proceedings before the Administrative Court

Proceedings before the Court are conducted in writing and begin with the filing of an application. Legal representation by a lawyer is mandatory.

During the investigation phase, the parties exchange written submissions and supporting documents.

We represent clients before all administrative courts in France.

A compensation claim, yes… but for how much?

The starting point for compensation is set from the date of refusal of the prior compensation claim.

Contacting our firm from the beginning of the eviction procedure ensures responsive monitoring of your case and helps prevent the increase of unpaid rent.

This compensation corresponds to the amount of lost rent, increased by rental charges, from the date of refusal onwards. Compensation continues until either assistance from the public authorities is granted or the tenant leaves the premises.

Additional costs may also be included in the claim (such as bailiff fees).

These deadlines must be put into perspective due to the prohibition on evictions during the winter truce period.

Thanks to its expertise, the LEXSTONE AVOCATS firm, located in Puget-sur-Argens and Rocbaron, will assist you throughout the entire procedure to ensure it is as cost-effective and swift as possible.

If you wish to carefully examine your case and obtain compensation for your losses, seeking assistance from a lawyer remains the best option.

What documents do we need to initiate the procedure?

To ensure efficiency from the very first appointment, we ask you to bring the following documents for the eviction procedure:

• Proof of ownership;
• The residential lease agreement;
• A statement of unpaid rent and rental charges;
• Any formal demand for payment served by a bailiff invoking the termination clause.

If the eviction has already been ordered by the Judge responsible for Protection Litigation (JCP), the following documents will also be required:

• The eviction judgment or interim eviction order;
• Proof of service of the court decision;
• The order to vacate the premises;
• The attempted eviction carried out by the bailiff;
• The report requesting assistance from the public authorities;
• An updated statement of unpaid rent and rental charges.