Eviction proceedings, unpaid rents, breach of contract, summary eviction, lease termination, article 700 Civil Procedure Code, Law No, contentious protection
The PROPRIO spouses are seeking to evict Madame Christine ZÈLE due to unpaid rents and breach of contract.
[...] In fact, in accordance with Article 24 of Law No. 89-462 of 6 July 1989, the spouses PROPRIO were required to, to be barely receivable of the request, to notify by diligence of a justice commissioner the summons to the representative of the State in the department at least six weeks before the hearing for the purpose of establishing the termination. The date of the hearing being set to 1er In April 2025, the notification by justice commissioner of the summons to establish the termination to the Prefecture had to intervene at the latest on 1er February 2025. [...]
[...] On the provisional condemnation to the payment of the rental debt At 1he In September 2024, the date of acquisition of the resolutive clause, the rental debt amounted to the sum of 2,175 euros. In fact, Madame Christine ZÈLE stopped paying the rent as of May 2024. The monthly rent is 435 euros. Between May and September 2024, five months have elapsed. × X = 2,175 The spouses PROPRIO are therefore well-founded in obtaining the condemnation of Madame Christine ZÈLE to the advance payment of this amount which is incontestable. 5. [...]
[...] Christine ZÈLE at 1he September 2024; DIRE to refer to the referee; AUTHORIZE the owners to expel Madame Christine ZÈLE from the premises with the assistance of the public force, if necessary; TO NOTE AND ESTIMATE the local repairs by a bailiff of justice who will be appointed for this purpose, assisted, if he deems it useful, by a technician; SEQUESTRATE the movable effects which are susceptible thereto for security of the rents due and the local charges; CONVICT Madame Christine ZÈLE to the advance payment of the sum of 2,175 euros corresponding to the arrears of rents as of the date of acquisition of the clause of resolution; [...]
[...] In fact, it is enshrined in Articles 2 and 17 of the Declaration of the Rights of Man and of the Citizen. It has thus been established as a fundamental right in the Council of State's decision on nationalization laws (Cons. const Jan n° 81-132 DC). This threat is not only established by Madame Christine ZÈLE's unlawful occupation of their apartment, but also by the fact that she has seen fit to change the locks on the apartment she is occupying illegally. [...]
[...] Christine ZÈLE. She then became the tenant of the apartment located at 173 avenue Paul Vaillant Couturier in Bobigny, 93000. The monthly rent was set at 435 Article 6 of the lease entitled "Resolutive Clauses" stipulated the following : « It is explicitly agreed that the present lease will be automatically terminated without any judicial formalities : - in the event of non-payment of the rent or charges at the agreed term, and two months after a payment order that has remained unsuccessful ; - in the event of non-payment of the deposit guarantee, and two months after a payment order that has remained unsuccessful ; - in the event of non-subscription of a rental risk insurance (except in the case of subscription by the Landlord of an insurance on behalf of the Tenant), and one month after an unsuccessful command ; As a penalty for forclusion, before the expiration of the deadline provided by the command, the tenant may request the Judge to grant him payment deadlines in the conditions provided by article 1244 of the Civil Code. [...]
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