Unpaid rent

Unpaid rents, damage to the property, neighbourhood disturbances, defaulting tenants are a nightmare for the landlord.

While the tenancy agreement provides for the fulfilment of the obligations of each party, the procedure is complex in the event of a breach. Faced with unpaid rent, obtaining an eviction represents a real challenge. ImmoComplexe thus proposes to you a repurchase of goods to finish with this problem. By selling his property, the lessor will be able to forget this bad experience.

Getting the tenant evicted

The regional health agencies, the departmental directorate of the territories and the mayors fight against unfit and unhealthy housing on a daily basis. They use the law in this area to force you to become aware of the situation.

Termination of the lease by operation of law

The lease may also contain resolutory clauses for termination of the lease in case of non-payment of rent. However, without this clause providing for the automatic termination of the lease, the landlord must take legal action to evict the defaulting tenant. The arrears of rent and charges will then be deducted from the security deposit. However, this eviction procedure may take several months before a real solution is found.

The procedure for evicting the tenant

According to the law of 6 July 1989, the landlord can initiate eviction proceedings against a tenant who does not pay his rent by taking the matter to court. The court will have to assess the situation and give the defaulting tenant two months to pay back the debt. To find out which court is appropriate, you need to enter your postcode and the nature of your request. A letter to the relevant registry will then launch the procedure and obtain a hearing at the district court.

Translated with www.DeepL.com/Translator (free version)

Le commandement de quitter de l’huissier n’intervient que lorsqu’aucun paiement n’est obtenu lors de ce délai de deux mois. Toutefois, il devra respecter la trêve hivernale qui empêche les expulsions pendant l’hiver.

Faced with this complex procedure to make a bad paying tenant leave, ImmoComplexe proposes to buy back the rental property. During the rental period, possibilities exist for landlords.

Repurchase of rental property

To avoid wasting time and money in an endless process, ImmoComplexe buys back all properties with a bad payer. This solution should relieve all landlords experiencing difficulties with their current tenant.

Can you sell an occupied home?

The fact that a tenant occupies the property does not prevent it from being sold. If the owner wishes to propose it to ImmoComplexe, several solutions are offered to him:

  • You can respect the six-month notice period for the sale of empty accommodation and the three-month notice period for furnished accommodation. In this case, the notice ends the tenancy at the end of the lease and the sale can then take place. In the case of empty tenancies, the tenant can exercise his right of pre-emption in order to have priority. However, this solution still requires patience when the landlord no longer receives rent.
  • When the deadline for giving notice has passed or when the landlord wants to get rid of a bad tenant, the sale is done with an occupied dwelling. The tenant remains in place and will simply change landlords.

The conditions for the sale of property during a rental period

As the tenant remains in place, the landlord does not need to ask for his opinion or inform him in advance. The landlord will simply have to send a new tenancy agreement to be signed with the new owner.

For a sale of an occupied dwelling, a discount of the dwelling can be applied under certain conditions:

  • The length of the remaining lease. The buyer can indeed offer a lower price if he cannot get the property back immediately. However, going through I is different from a sale to a first-time buyer. Aware that an eviction procedure must be initiated, this aspect will be of limited importance.
  • The amount of the rent. If it is in line with market prices, the discount will be small.
  • The age of the tenant, as tenants over 65 are protected against eviction. In order to get the property back, it is often necessary to offer alternative accommodation.

To avoid a significant discount, owners can turn to an organization ready to propose a satisfactory purchase price. ImmoComplexe does not work in the same way as a private buyer who has just taken out a mortgage to buy a property. The objectives are different, so the purchase offers are not based on the same calculations.

What happens to the rental agreement in the event of a sale?

In the case of the sale of an occupied dwelling, the landlord must transfer the tenancy agreement to the buyer. The security deposit should also be transferred as the new owner will be responsible for returning it at the end of the lease. In the case of a defaulting tenant, the unpaid rent will be automatically deducted. Where a guarantor stands as joint and several guarantor, this deed of guarantee is also transferred with the rental agreement.

Le locataire reçoit une nouvelle attestation de propriété avec les coordonnées du nouveau propriétaire. Il devra alors s’acquitter du loyer et des charges auprès de ce nouveau bailleur. Par contre, en cas de vente, le nouveau propriétaire ne peut poursuivre le locataire pour des dettes de loyer avec l’ancien bailleur.

By buying back the rental property, ImmoComplexe offers the tenant a new chance. However, in the event of new default and failure to meet its obligations, this specialized organization will not hesitate to initiate eviction proceedings. Its experience in the purchase of property with a defaulting tenant guarantees that it will be able to succeed in this operation and recover the property if necessary.

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