Summons to Appear Before Magistrates Court for Unpaid Rents
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Themes
Unpaid rents, eviction, verbal lease, Magistrates Court, tenant, landlord, Civil Code, Law of 6 July 1989, rental contract, termination of lease
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Abstract
A landlord summons a tenant to the Magistrates Court for unpaid rents and charges, seeking termination of the verbal lease and eviction.
Extract
[...] Model summons to appear before a Magistrates' Court SUMMONS TO APPEAR BEFORE THE MAGISTRATES' COURT OF (CITY) AT THE REQUEST OF : M. or Mrs (Name, Surname), Residing at (Address), Acting as landlord, [...]
[...] (Name, Surname) and all occupants of his/her head from the dwelling located at (Address), with the assistance of a bailiff and public force if necessary. 5. To fix a penalty of 200 euros per day of delay from the date of notification of the judgment in the event of non-release of the premises within the stipulated deadlines. IV - DOCUMENTARY EVIDENCE - The accounting of unpaid rents and charges. - The correspondence exchanged between Mr. or Mrs. (Name, Surname), landlord / landlady, and Mr. or Mrs. [...]
[...] (Name, Surname) to the immediate payment of the sum of 1.212 euros corresponding to unpaid rents and charges. 2. Condemn Mr. or Mrs. (Name, Surname) to the payment of the procedural fees, including those of service of process which include the sum of XXX euros for the cost of the order to pay the rents and charges. 3. To pronounce the termination of the verbal lease binding the parties and noting the cessation of all right of occupation of Mr. [...]
[...] This termination can be requested in court (Article 1227 of the Civil Code) and can be pronounced by the judge due to the non-execution of the contract (Article 1228 of the Civil Code). This termination of the lease can be by right in the presence of a default in payment of the rent or charges agreed upon or due to the absence of payment of the deposit guarantee in accordance with Article 24 of the Law of 6 July 1989. III - DEMANDS In consequence, it is requested that the Court : 1. [...]
[...] The landlord never signed a formal rental contract with Mr. or Mrs. (Surname, First Name) and did not receive a guarantee from him/her due to the behavior of this new tenant refusing to sign the legal documents. From the beginning of his occupation, (Surname, First Name) has not paid the deposit and is regularly late in paying the charges of the accommodation and his rent. This delay in paying the rent and charges of the rented accommodation represents a debt of XXX euros (cf. [...]
