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landlord ordered to repay years of rent for 5m2 accommodation

A Parisian landlord was ordered to return years of rent to her tenant for illegal 5m2 housing and to pay him 2,000 euros in moral damages, while she was suing him for unpaid bills and obtaining his eviction.

The landlord will have to pay her tenant, aged 66 still occupying the accommodation, the sum of 19463euros corresponding to four years of unjustly paid rent, decided the Paris court in a judgment rendered on September 15, consulted by AFP on Friday. The owner will also have to pay his tenant, who benefits from a disability pension, .000 euros for non-pecuniary damage due to the findings related in the prefectoral decree mentioning health risks, estimated the judge.

This attic room located in the 11th arrondissement has a floor area of ​​9 m2, but only 5 m2 with a ceiling height greater than 1.80 m, details a prefectural judgment of January 18 after an investigation by the services of the City of Paris. The legal minimum is 9 m2, with a minimum height of 2.2 m.

Local unsuitable for habitation

In addition to the small size of the premises making the premises unsuitable for living in, the prefectural judgment also reveals the following unsanitary elements: absence of a permanent ventilation system, absence of means of heating, discharge of waste water into the shower during the use of the washbasin, degraded floor, underlines the court.

At the end of 2021, once the lease was terminated, the owner had taken the sixty-year-old to court to obtain his eviction from the property she wanted to sell, as well as 4,800 euros in unpaid rent.

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But the tenant turned to the Abb-Pierre Foundation, which sent to the services of the town hall the report which led to the prefectural arrest.

It’s a victory

It’s a victory, rejoiced Samia Ayed, indigenous housing project manager at the Foundation. But it is not total because the gentleman still lives in the accommodation, nothing obliges the lessor to relocate him. No proposal has been made to him to date, added the lawyer. When the housing is unfit, it is up to the landlord to rehouse the person in question, otherwise all the slum landlords could rely on the goodwill of the community and continue their activities, for his part how the housing assistant of the town hall, Ian Brossat.

The city’s technical housing service (STH) receives 5,000 reports a year for presumed indigenous housing, according to the elected Communist, for whom the decision rendered is only justice.

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