14 December 2015 bruno

Litigation in France

Litigation word cloud concept with legal law related tags

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.

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