Real Estate Disputes : Court Jurisdiction in France
Real estate disputes can be related to commercial lease, housing lease or selling contracts.
Lease disputes: several court jurisdictions
Housing Lease disputes
Housing lease disputes are decided by the Tribunal d’instance. (in Paris one in each arrondissement townhall)
Commercial lease disputes
The Tribunal de grande instance has jurisdiction over commercial lease cases.
Real estate disputes (selling contracts)
Two different courts can have jurisidiction over real estate disputes, regarding the sale contract or the real estate agent, depending of the claim:
- Tribunal d’instance if less than 10.000 euros;
- Tribunal de grande instance, if more than 10.000 euros.
Role of the bailiff: eviction and freezing an account
1) Judicial notifications
Notifications of an official warning in case of arrears of rent or writ (written pleadings and information of the date of the pleading) or notice of eviction (after a judgment) have to be done by a sworn bailiff (called in France “huissier de justice”).
The costs are around 60-100 euros each notification, depending of the amount of the claim.
2) Eviction process
If a tenant who is not paying rent of the commercial or housing lease and not leaving the building after the judgment, the landlord has to start an eviction process.
The bailiff is in charge of the eviction process with the police and a locksmith, if needed.
3) Cease/freeze the bank account of the tenant
The bailiff can cease or freeze the bank account of the tenant.
Ask your question to our English-speaking lawyers in France (free).
Related Articles :
- Termination of a commercial lease due to unpaid rents
- Termination of a commercial lease in France
- Selling Real Estate in France
- What kind of contract with the real estate agent in France?
- Eviction of a Tenant: a long process (French Law)
- Buying property in France that needs refurbishing
- Real estate Latent Defects(vice caché)-French Law
- What should I do if my tenant is not paying rent ? (in France)
- Can I terminate the lease ? French Law