Friday, May 18 2012
About Claire De Circourt
Founded in 1987 by Claire de CIRCOURT, its actual Director, DE CIRCOURT ASSOCIATES is the very first real estate agency in Paris to have specialized in
furnished housing for expatriates. Drawing upon her fifteen year working experience in the United States, Claire wished to provide service, as known in the US, advice and presence to the international crowd of business executives, artists, university professors, diplomats and all lovers of Paris.

Archive for January, 2012

Where did all our landlords go?

Posted on January 12th, 2012
1 Comment
Apartment Rental In Paris, People of France, Real estate in France

Nothing ever works by coercion. Yet, the French authorities do not know any better. Here is the problem: there is a serious shortage of apartments in Paris and in France’s largest cities.

Logically, owners of apartments who rent their flats (whether unfurnished or furnished) could be considered like a great partner to the State – not so. For the last thirty years, the real estate laws have infallibly punished that part of the population. How so? First, by changing the very core of ethics, the morality of France. Insidiously, it has become easier and easier for tenants to not pay their rent and get away with it. So much so, in fact, that today it is not criminal to not respect one’s obligation to pay the rent, but it IS a crime for a landlord to want to reclaim his lodging. The proprietor of a flat whose tenant is illegally squatting has to study law in order to battle to reclaim his property!

First, he must write a specific registered letter of « mise en demeure ». Without a response (which never comes, since the misdeed is lawfully tolerated), the owner has to then send a letter of « commandement de payer » through a « huissier » (the French term for a baliff) at a cost of 250 € + VAT at 19.6%. The tenant is reminded of the presence of the « clause resolutoire » in the contract (meaning “termination of the lease at the first unpaid rent,” but a new law has literally canceled that rule out, meaning that, effectively, there is no law to speak of. If the tenant still does not answer – never mind paying the overdue rents – in the next two months, the proprietor of the flat will have to turn to a court of law.

However! Two different courts are involved, depending on whether the debts involved are below 10,000 € or above. In the first case, you don’t need a lawyer, in the second, hiring a lawyer is imperative. Costs, costs, costs…and sleepless nights. During all this time, the tenant is not worried (doesn’t care?) because the courts of laws are inundated and backed up. Plus, the French vacations are long and recurrent; moreover, from the first day of winter to the last (in France, winter goes from November 1st to March 15th, except in Paris where it lasts until April 1st), the tenant is home free! All in all, count at least two years and a lot of white hair.

So when I read in the Figaro this week-end that the Mayor of Paris is going to propose a new law forcing landlords to reduce rents so that more French people can live in town, I say, please stop voting new laws into effect and just respect and defend those who have apartments to lease. You’d be surprised how many landlords would reappear!

More on the subject to come soon…