In cases between owners and tenants or even squatters, it is never good for the former to try to take justice into their own hands. Home invasion, intimidation, moral damage… there is no shortage of reasons for the courts to have a heavy hand when dealing with owners in a position of force, according to the judges. This case which took place in the town of Évrecy (Manche) is no exception to the rule. It pits a couple of tenants who wanted to leave their accommodation on a simple SMS sent a few days before their departure and the owner who saw red at these manners.
As reported The Free Channel , the 60-year-old farmer who manages a large house divided into housing units could not bear to have a couple of her tenants give her leave at the beginning of August for September 1st by simple SMS, expecting to collect her last belongings on August 10th. A totally illegal way of doing things knowing that the notice must be given by registered letter and that it is 3 months in a non-tense sector, like Évrecy. But the owner’s reaction was just as illegal since on August 7, she threw all the belongings remaining in the accommodation in the dumpster. Even more curious, the tenants’ car, an old Citroën Saxo, also disappeared after this intervention. On August 14, the couple filed a complaint against the owner.
3,000 euros in moral damage and 10,000 euros fine
Although the tenants probably did not make much of an impression at the Caen judicial court, the man in the couple was ordered to leave the court during the October 2 hearing because he was drunk. The owner was heavily fined. She will thus have to pay 3,000 euros in moral damages to the tenants, as well as 10,000 euros in the form of 1,000 day fines of 10 euros. However, the owner would have estimated the rent arrears at 6,000 euros. The latter would also have decided to entrust its rental management to a justice commissioner (new name for bailiffs).
What are the typical factors that influence court decisions in cases between homeowners and tenants, based on past rulings?
1. Can you share with us any specific examples of how the court handled similar cases involving homeowners and tenants, and what factors influenced their decision making process?
2. What measures can landlords take to ensure they are aware of and comply with local rental regulations, particularly regarding notices and evictions?
3. What role did the judge play in this particular case, and how did they navigate the delicate balance between upholding the law and considering the circumstances surrounding the incident?
4. As a professional, how can you advise individuals who find themselves in similar situations as the landlord or tenants in this case to approach the situation in a way that protects their rights and maintains their relationships?
5. Do you believe that the punishments imposed by the court were fair and appropriate given the circumstances, and what message does this ruling send to other landlords and tenants in the area?