Goldwin Law Firm has extensive expertise in property law. It assists property owners in Paris and elsewhere in France. Our wide-ranging expertise enables us to determine the best real estate strategies, whether amicable or contentious. Our Paris property law firm handles the following for property owners:
- advice on property transactions, including the purchase or sale of flats or houses
- Drawing up an asset management strategy, including whether or not to set up a family real estate investment company (SCI), tax optimisation and capital gains on resale;
- Disputes between co-owners or with the co-ownership manager;
- Letting a property and drafting a residential or commercial lease, as well as disputes with tenants, particularly in the event of unpaid rent or neighbourhood disturbances;
- Litigation relating to construction, such as refusal of planning permission, acceptance of work and reservations, and invocation of the ten-year guarantee.
Lawyers specialising in property law offer to defend the interests of titleholders against all parties involved in the property process. They assist them in all events affecting their property.Article 544 of the French Civil Code has enshrined the right to private property in France since 1804.
A lawyer advises property owners
Anticipation very often avoids subsequent disputes. For this reason, the support of a lawyer throughout the property strategy ensures that the right choices are made.
A lawyer when buying property
As soon as you decide to buy a property, you can consult a lawyer who is an expert in real estate to assist you at every stage of the transaction: drafting the promise to sell or the preliminary sales agreement, setting up a family SCI with a view to transferring the property, putting the vendor on notice if the various technical surveys do not comply with the reality, etc. Many property-related disputes can be resolved simply without going to court. The presence of a lawyer reassures property owners and demonstrates their determination to defend their rights against third parties.
For example, setting up a family SCI requires prior study and the drafting of appropriate articles of association. A property lawyer is used to anticipating the worst from the outset, thanks to his expertise in litigation. He knows how to insert all the clauses that protect your financial and family interests. A lawyer anticipates separations, deaths, disputes and financial problems, without jeopardising the entire property project. But how do you choose the right lawyer for your property purchase?
A lawyer for renting your property
A lawyer specialising in leases can also help you draw up a residential lease for your home or a commercial lease for your premises. Here again, he will protect your interests as a landlord by anticipating any future problems with your tenant. First of all, there is the fear of having to claim unpaid rent or of recovering your property in a dilapidated state. With a termination clause in your tenancy agreement, you can end your relationship with a disrespectful tenant more easily and more quickly.
The advice of a lawyer specialising in property law is also useful for resolving deteriorating relations. Sticking to the facts, he will calm the debate and find the best solution to protect the interests of his client, the landlord. He knows how to enforce the obligations arising from the tenancy agreement, on both the landlord’s and the tenant’s side, with firmness and understanding.
A lawyer to manage co-ownership problems with your property manager
Whether you are an owner-occupier or a landlord, many problems can arise with your neighbours and other co-owners. Complicated relations with the co-ownership association can complicate your day-to-day life at any time: no response, inability to contact the association or obtain a precise answer, disputes over the distribution of co-ownership charges, etc.
Calling on the services of a lawyer specialising in condominiums will save you time and give you peace of mind. He or she can represent you at general co-ownership meetings, and work with experts to draft amendments to the co-ownership regulations. And, of course, a lawyer will also assist you with any disputes relating to co-ownership.
At every stage in the construction of a property portfolio, the services of a specialist lawyer guarantee expertise in all areas of law relating to property disputes. Your property strategy may change. For example, you buy commercial premises and want to change the use of the property to make it easier to let. What authorisations are required? How do you go about it? Consulting a property lawyer in Paris will answer all your questions.
A lawyer defends property owners
It is sometimes necessary to have your rights recognised in court. A property lawyer is essential if you are to win your case. Property law is becoming increasingly complex year after year, reform after reform. It is a technical area that requires the full expertise of a lawyer specialising in real estate.
A lawyer for landlord and tenant disputes in Paris
Like most landlords in Paris and elsewhere, you’re probably worried that your tenant won’t pay the rent. As soon as the rent is overdue for the first time, you should take action alongside a lawyer specialising in tenancy law. This is the best way to develop the right procedure to deal with a tenant who is no longer fulfilling his or her obligations. Only an experienced lawyer can defend a landlord in a timely and procedurally correct manner.
If necessary, your lawyer will take legal action untilyour tenant is evicted. The problems caused may be of various kinds:
- non-payment of rent
- inappropriate behaviour causing neighbourhood disturbances
- failure to comply with the terms of the residential or commercial lease,
- lack of home insurance.
In Paris, one of the most frequent sources of disputes concerns seasonal subletting such as Airbnb. The problems often arise from damage to communal areas caused by the increasing number of tourists moving around, noise caused by impromptu parties, or departures and arrivals at all hours of the day and night, depending on flight schedules.
Your tenant may also refuse to leave after giving notice. He then becomes an untitled occupier. You may also find that your property is occupied by squatters.
Goldwin Law Firm can help you with all the steps involved in evicting a tenant: initiating eviction proceedings, acquiring the resolutory clause in the lease, ordering payment of rent.
A lawyer for all disputes relating to work carried out by the landlord
Are you carrying out work on your home? What authorisations do co-owners need? How do you deal with a contractor who abandons the site? How can you hold a building company liable?
Construction law protects homeowners in the face of high financial stakes. Site abandonment, a developer’s failure to deliver, work carried out in breach of the rules of the trade… these are just some of the mishaps that can befall homeowners.
A lawyer specialising in construction law defends the interests of property owners in all disputes. Working alongside his client, he will hold all those involved in the construction process to account and call into play the various guarantees: the completion guarantee, the two-year guarantee and the ten-year guarantee.
A lawyer for disputes relating to co-ownership of the building
Life in a Paris apartment block is not always easy. Is your neighbour renting out your property on an Airbnb basis, causing damage to the building? This could be a breach of the co-ownership regulations, for which the neighbour could be held liable.
Is another neighbour encroaching on the communal areas without permission? Pushchairs, bicycles, cardboard boxes, cellar corridors… Respecting the communal areas of a building is not only a matter of courtesy between neighbours, but above all a matter of building safety. In the event of a fire, communal areas must be kept clear to allow the fire brigade to intervene.
Unauthorised annexation of communal areas is also a source of many disputes. The ground floor and the top floors are the most affected by this unauthorised occupation. It should be remembered that any appropriation of common areas must be approved by the general meeting of co-owners.
Flat owners in Paris are also faced with the problem of building work. Old Haussmann-style buildings need major renovation work. If the work affects the common areas and the solidity of the building,prior authorisation from the general meeting of co-owners is required. For example, a chimney flue belongs to the common areas and cannot be removed without the prior agreement of the co-owners. Parisian property prices are encouraging all owners to save space. A lawyer specialising in Paris condominiums will defend your rights as a property owner and co-owner.
A lawyer for proceedings against co-ownership trustees
Goldwin Law Firm can help you take legal action against a defaulting co-ownership trustee. There are many sources of dispute, ranging from disputing a general meeting to carrying out emergency work.
A lawyer also defends the rights of co-owners when there is a change of syndic. The outgoing syndic is obliged to provide all the figures and official documents for the co-ownership to his successor within a reasonable period of time.
A property lawyer also acts to contest co-ownership charges and the distribution of charges. This is often the case if there are commercial premises in the building and there are no individual water meters.
Some co-ownership trustees incur substantial costs to bring the co-ownership regulations into line. Your lawyer specialising in co-ownership law can advise you whether or not it is necessary to make changes in your building.
A lawyer for all your property disputes
Any property owner, whatever the source of a dispute, can consult a lawyer to defend his or her rights:
- Take legal action against the State or local authorities following the refusal of planning permission.
- Take legal action against an estate agent, solicitor, architect or property developer. All property professionals are liable and have professional obligations.
- Defend yourself when the property is sold to a new buyer or take legal action against the seller of the property.
- Defending yourself when the bank threatens to seize your property if the owner has financial difficulties repaying the monthly instalments on his mortgage.
Why choose Goldwin Law Firm?
Maître Bellaiche and her team advise many Parisian landlords on a daily basis. Well versed in rental law and the Airbnb disputes for which they are renowned, Goldwin’s lawyers have developed considerable expertise in all aspects of property law and related rights: public law, family law, business law, criminal law, etc. Our lawyers, who are members of the Paris Bar, have a thorough understanding of the financial issues involved in property ownership in Paris. Our law firm works throughout France on all types of property.
Maître Jonathan Bellaiche and the firm’s property lawyers benefit from positive client reviews and media coverage. Having won a number of high-profile cases in the property sector, the firm is developing its cross-disciplinary legal experience for the benefit of its clients.
This enables them to offer comprehensive skills to support the most complex real estate and wealth management strategies. The firm provides advice and litigation support to lessors, buyers, sellers and developers. Our lawyers specialise in property law, so they can challenge every stage of a property owner’s life. They define the best solutions for divorce, marriage and the filiation of different unions. In a complex family life, our lawyers anticipate and foresee risks to safeguard your property interests and assets.
