When we collect the keys to a home, whether after a rental or a purchase, it must comply with what was signed. That is to say, in the case of a rental of furnished accommodation, there must be no other furniture (unless this has been agreed with the owner) and in the case of a rental of accommodation empty, logically, there should be nothing left. Likewise, when making a purchase, if it was agreed that the apartment or house would be empty, then this must be the case. However, in reality, it does not always happen like that.
I bought a home and the previous owners did not completely empty it, what should I do?
When you buy accommodation, whether it is a house or an apartment, then you must agree on the terms of sale with the former owners. If you want the accommodation to be perfectly empty, then you must specify this. If after signing the deed of sale, you realize that there are some items left in the cellar or in the accommodation directly, you can inform the former owners because it may be an oversight. The best thing is to settle the matter amicably. If you don’t get a response, you can keep them or throw them away because you now own this place and it is supposed to be empty.
What is best practice before signing the deed of sale?
To avoid finding yourself faced with this situation, there is some advice to follow. The day before or even a few hours before signing the deed of sale, you can ask to make a final visit to the accommodation. So you will see if it is empty or not.
I own a home, the tenant has left it, returned the keys but left some belongings: what should I do?
When a tenant decides to leave the accommodation you own, then he must respect a notice period. He must then return the keys to you and you must return the deposit if the exit inventory is consistent with the entry inventory. In some cases, you may not physically see the keys to return the keys and the inventory will be done remotely. Sometimes it’s a surprise: the tenant has left things in the apartment or in the cellar. You cannot throw them away immediately, you must follow a certain procedure.
Who do I contact if the tenant does not respond to me?
First, you should contact him to inform him. You can send a formal notice by registered mail with acknowledgment of receipt. You will indicate a reasonable time for him to collect his belongings. If this is not followed up, you can contact a justice commissioner (former bailiff) to send him a letter.
Which court should you go to?
Once again, if the tenant does not follow up, then you can establish, with the commissioner of justice and with witnesses, an inventory of the affairs present. Then, you must request authorization to dispose of the property left with the district court. Once you get that green light, you can get rid of the stuff.
I am the owner of a home and the tenant seems to have left it (departure at the bell): what should I do with his belongings and documents?
If you suspect a “departure at the bell”, that is to say the abandonment of your accommodation by the tenant, then you will have to take certain steps. First, we will have to ensure this abandonment. For that, “you must instruct a justice commissioner to issue the tenant with a formal notice to justify that he is occupying the accommodation“, specifies the French administration website.
The tenant then has one month to respond to the justice commissioner. Failing this, the justice commissioner can go to the accommodation with two witnesses to confirm the state of abandonment. If this is the case, then he will draw up an abandonment report. Concerning the belongings remaining in the accommodation, he will carry out an inventory and estimate their value.
Who to contact once the abandonment report has been established?
You must then enter “the protection disputes judge upon request delivered or addressed to the court registry of the place where the rented accommodation is located“. You must specify the identity of the tenant but also yours, as well as your profession, your address, your nationality, your date and place of birth. You must attach to this request all possible supporting documents as well as the report of the abandonment established by the justice commissioner.
If the judge notes the termination of the lease, then he will also decide what will be done with the belongings present in the accommodation. In particular, he can put certain items up for auction.
How long does the tenant have to remove their belongings afterwards?
You get two months to “instruct a court commissioner to serve the order on the tenant“. The latter has one month to remove his belongings from the accommodation if he wishes and he also has one month to contest the order. If he does not contest, then he will again have to appeal to a justice commissioner so that he draws up a report on the resumption of the premises.
“The tenant’s personal papers and documents are placed in a sealed envelope and kept by the justice commissioner for 2 years“, specifies the French administration website.