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by the Meilleurtaux editorial team
A dispute between a landlord and its tenants which began in 2019 with the latter’s refusal to request leave has taken on unforeseen proportions. The judges in charge of the procedure had raised situations that landlords and their future tenants would be well advised to study before signing the lease.
Respect the status of “furnished accommodation”
The first lesson to be learned from this case is to ensure that the lease specifies the “furnished” character of the property and a complete list of the furniture items it contains. According to the owner,
The house was indeed already equipped, but the tenants preferred to replace the furniture with their own.
The latter then considered that they had invested in an empty dwelling. And for this purpose, they had asked for a reduction in the rent, a request refused by the court given that they had signed a lease for a furnished rental.
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Respect the legal deadlines before a request for leave
A person who wants to embark on a rental investment must also know that he can only notify his tenants of their leave after the deadlines set by law.
In principle, the owner must inform the occupants of his intention to end the contract and the reason for this decision 6 months before the day on which they must vacate the premises.
Important And in the case of a furnished rental, he can ask to recover his property to resell it 12 months after the signing of the lease.
Prioritize amicable negotiations in case of conflict
The rent reduction in this case did not only concern the unfurnished character of the house, but also the living space which, according to the tenants, did not correspond to that stipulated in the contract. For this second reason too, their request was rejected since the law encourages them beforehand, according to article 3-1 of the law of July 6, 1989,
To be negotiated with their owner to find an amicable solution at least 2 months before going to court.
Step they had failed to do.
- In the event of the rental of furnished property, a list of the furniture made available to the tenants must be attached to the lease.
- A request for a rent reduction may be refused during the requalification of a contract for furnished rental into a contract for empty accommodation.
- Amicable negotiations are to be preferred in the event of disagreement or litigation between the owner and the tenants.
2023-05-13 19:03:06
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