Goldwin Law Firm has extensive expertise in property and tenancy law. As a reputed tenant’s lawyer, it assists tenants in Paris and elsewhere in France. Its expertise and know-how ensure determination and efficiency in both advice and litigation.
Who defends tenants in Paris?
Our Paris property law firm defends tenants against landlord proceedings. We support tenants from the first formal notice. We propose the best solutions to respond appropriately to the landlord’s requests.
Lawyers specialising in property law offer tenants of residential or commercial leases the opportunity to defend their interests against all parties involved in the property. These include, first and foremost, their landlords, but also estate agents, rental management firms, co-ownership trustees, co-owners and neighbours.
Goldwin Law Firm’s experience makes it a reputable law firm for residential and commercial leases. Its expertise in tenancy law in Paris and the provinces ensures that any type of claim against a tenant can be resolved amicably or through litigation.
How do you defend yourself as a tenant?
Are you having problems with your landlord? GOLDWIN, a law firm specialising in tenancy law, can advise and assist you in all procedures.
Disputes relating to your residential lease can take several forms. Our tenant defence service is tailored to each problem:
- Difficulties paying your rent: our firm advises you on the procedure to follow in the event of financial difficulties. By proposing a debt repayment plan, for example, you can immediately reassure your landlord. You can show your goodwill and often avoid more serious problems, including termination of the lease and eviction.
- Incorrect calculation of rental charges.
- Misleading information in the tenancy agreement: for example, the floor area indicated is incorrect. Why is a tenant’s lawyer useful? How to take action and within what timeframe?
- Failure by the landlord to fulfil his obligations: failure to carry out urgent work, bringing the property up to standard.
- At the end of the lease, failure to return the security deposit or late return.
- Contesting a notice to sell or to move in given by your landlord.
- Eviction proceedings initiated by the landlord and the best way to challenge the validity of the eviction, the procedural elements and how to save time in finding a solution.
How do I lodge a complaint against my landlord?
Filing a complaint against a landlord requires a criminal offence. Disputes relating to the performance of the lease may be settled in court or through mediation. They relate to a contractual breach of obligations.
You can lodge a complaint against your landlord for certain offences. The tenant can go to a police station or gendarmerie to lodge a complaint. They can also lodge a complaint with the court or with the public prosecutor. The complaint must include the contact details of the parties, a precise and substantiated description of the alleged offences and any available evidence (witness statements, documents, etc.).
What are the most common offences for filing a complaint against a landlord? Your landlord evicts you without following the eviction procedure, particularly before obtaining a court order to terminate the lease. Your relationship with your landlord is deteriorating and becoming unbearable. He insults or harasses you. If your landlord behaves in an inappropriate manner, you can lodge a complaint.
A complaint may also be lodged in the event of a home invasion. The landlord cannot enter your home without the tenant’s prior authorisation, even if he has kept a set of keys.
Finally, the most serious case is endangering others. This is the case with substandard tenancies that do not meet the decency criteria. Renting a property must not be dangerous to the physical integrity or health of the tenant and his family (excessive presence of asbestos or lead).
How can I take legal action against my landlord?
Any other dispute with a landlord is settled in the civil courts. In some cases, mediation is compulsory and enables the dispute to be settled. The presence of a tenant’s lawyer is not always compulsory, but it does help to consolidate the case in both defence and attack.
Whatever the dispute between tenant and landlord, the first step is to give the landlord formal notice to rectify the situation. A letter sent by recorded delivery with acknowledgement of receipt is generally sufficient. The tenant can then refer the matter to the departmental conciliation committee (CDC). This committee is responsible for disputes relating to rental repairs up to €5,000, rental charges, and notices of termination given by one of the parties.
It is essential to consult a lawyer specialising in tenancy law to avoid making any mistakes that could jeopardise the case. For example, many tenants believe that they can stop paying rent and service charges in the event of a dispute with their landlord. This is the last thing you should do, or you risk being sued for unpaid rent! Only a judge can decide to deposit rent during the dispute resolution period.
Any dispute relating to a property rental falls within the jurisdiction of the Protection Litigation Judge. The action must be brought before the court responsible for the rented property within 3 years of the dispute arising.
The tenant’s lawyer advises him throughout the lease.
A lawyer specialising in leases assists tenants in drawing up their residential lease. He will be involved at every stage during the lease and right up to its expiry or termination.
Naturally, it is in the lessee’s best interests to consult a lawyer specialising in property and business law. Commercial leases are highly regulated and very binding on a company’s business.
A lawyer specialising in tenancy law should be present when the lease is signed
He checks that the lease conforms to the models and that there are no unlawful clauses in the lease. When the lease is being drafted, disputes may arise over setting the rent and charges.
Renting a property in Paris, as in other cities, is subject to a double rent ceiling:
- In the tense areas of France’s 28 largest conurbations, the rent is subject to a ceiling when the property is re-let. Unless major works are carried out, the rent must be brought into line with that of the previous tenant.
- In some major cities, including Paris and Lille, there is also a ceiling on the rent, depending on the location, the number of rooms and whether or not the property is furnished. The rent offered to the tenant may not exceed the increased reference rent.
Even before the lease is signed, the tenant’s lawyer checks that the rent complies with legal requirements. If it does not, the lawyer will bring an action to reduce the rent. The tenant has a period of 3 years from the date on which the lease was drawn up in which to dispute the rent. This may also be the case when the lease is renewed if the rent does not comply with the increased reference rent in force.
At least 5 months before the end of the lease term, the tenant’s solicitor must propose a new rent that complies. The rent proposal must be sent by recorded delivery with acknowledgement of receipt or by bailiff’s deed. The assistance of a lawyer is recommended to avoid mistakes. If the landlord does not agree, you can refer the matter to the departmental conciliation committee. If this fails, the judge can make the final decision. If you fail to take your case to court, the lease will be automatically renewed on similar terms!
A lawyer present at the end of the lease
Even more than when the lease is being drawn up, the presence of a lawyer is invaluable to the tenant when the lease comes to an end. Have you received notice to sell or to repossess? Notices of sale are highly formalistic and can be contested on a number of points:
- contesting a notice to sell sent by ordinary post: the landlord must send the tenant the notice by registered letter with acknowledgement of receipt or by bailiff’s deed.Article 15-I of the law of 6 July 1989 stipulates this formality.
- contesting a notice to sell that does not comply with the time limits: notice must be given within 6 months of the expiry of the lease. The Court of Cassation had to intervene to clarify the numerous disputes concerning the starting point and date of the notice period.
- contesting a notice served by the wrong person: for example, in the case of ownership dismemberment, the assistance of the bare owner is required alongside that of the usufructuary. In addition, a property manager must have a special mandate to issue a valid notice to sell.
- contesting a notice to sell that does not mention the sale price: the price and conditions of the sale of the property must be specified in the notice to sell. The tenant has a legal right of pre-emption over the rented property. The landlord does not have to impose the use of an estate agent and the payment of an additional commission.
The first 5 paragraphs of article 15-II of the law of 6 July 1989 are mandatory. Other information, such as the surface area, is not required. The tenant’s lawyer can assess the form and content of the notice of termination and take any necessary action to challenge it.
A lawyer in the event of non-return of the security deposit
When vacating the property, the tenant and landlord draw up an inventory of fixtures at the end of the tenancy. This document may or may not be the same as the inventory of fixtures at the start of the tenancy. Depending on the length of time you have lived in the property, the degree of deterioration will vary. The lease may provide for an obsolescence scale.
If the inventory of fixtures at the end of the lease matches that at the beginning, the landlord must return the deposit within one month. The deadline is 2 months if the inventory of fixtures does not comply. The period runs from the time the keys are returned. The landlord may deduct a portion of the recoverable charges, up to a maximum of 20% of the security deposit. This provision must be justified. The landlord may also deduct costs for work not carried out or damage noted in the inventory of fixtures. Each amount must be justified.
If the tenant contests the deductions made from the security deposit or fails to return it on time, he must react quickly. Formal notice, conciliation, referral to a judge – the steps involved in recovering the security depositare endless.
The tenant’s lawyer defends him in his day-to-day life
Renting accommodation in Paris means living with neighbours in a building. Noise is one of the main nuisances between residents of a building, whether old or new. Living with people requires tolerance, which is sometimes lacking.
Tenants must be careful. Noise pollution or occupation of communal areas may be the subject of written complaints from neighbours or the co-ownership association. These are all elements to be taken into account when the landlord wishes to terminate the lease for non-compliance with the tenant’s obligations. The tenant must therefore reply point by point to each letter in order to contest its veracity.
A lawyer for rental disputes in Paris
If you are experiencing financial difficulties, inform your landlord as soon as possible. Seek the advice of a tenancy lawyer to avoid proceedings for recovery of unpaid rent.
In Paris, one of the most frequent sources of disputes concerns seasonal subletting such as Airbnb. The Paris Court of Appeal has ruled that subletting under a residential lease requires prior authorisation from the landlord.
Why choose Goldwin Law Firm?
Maître Bellaiche and her team advise many Parisian tenants on a daily basis. The lawyers at Goldwin are very familiar with tenancy law, and have developed considerable expertise in all aspects of property law and related areas: public law, family law, business law, criminal law, etc. Our lawyers are members of the Paris Bar and have a thorough understanding of the issues involved in renting.
