A father who left his social housing to his kids is being requested to pay 56,387 euros in extra lease | EUROtoday

LThe holder of social housing can’t consider that he’s launched from his obligations in the direction of his landlord, as a result of he has left the premises, wherein his descendants have settled. Otherwise, he dangers struggling the identical misfortune as Mr. X.

In June 2001, he and his spouse rented an house from the social landlord France Habitation, which later grew to become Seqens. They lived there with their daughter, A, born in 1989, and their son, B, born in 2000. In 2011, Mr X left the marital house, however with out giving discover, so he remained joint tenant of the lease. On 17 June 2016, Mr^me X, who now lives there together with his solely son, dies of most cancers.

Mr. X, though he now not lives within the lodging, has an unique proper to the lease, beneath Article 1751 of the Civil Code. However, he might waive this exclusivity, request the switch of the contract to his son, who needs to stay within the premises, after which give discover.

The younger man can be entitled to the switch, beneath Article 14 of the legislation of 6 July 1989, geared toward enhancing rental relations, as a result of he lived within the premises for a 12 months earlier than his mom's demise. But he would definitely not meet the useful resource circumstances supplied for in Article 40 of the identical legislation, since he’s nonetheless a minor and doesn’t work.

Shaky resolution

His sister would meet the useful resource circumstances, however not the one-year cohabitation requirement. On June 22, 2016, the household subsequently opted for a shaky resolution: Mr. X signed an modification stipulating that he had develop into “sole tenant of the apartment”, though he doesn’t occupy it. His daughter and her husband come to stay there with the younger boy, though they aren’t allowed to. They repeatedly pay the lease of 685 euros.

Alas, in January 2018, the owner carried out, as he was required to do, an investigation into the tenants' earnings. Mr. X introduced that he obtained 40,838 euros per 12 months, however he didn’t present any data on the three occupants. The landlord then utilized a “surcharge of solidarity rent “, known as “surcharge”, supplied by legislation for these whose assets exceed the licensed ceiling by greater than 20% or who don’t present the requested data. The new lease quantities to 2,633 euros.

A, who can’t afford it, solely pays the previous one. The lessor subsequently summons Mr. X, as required by Article L441-11 of the Construction and Housing Code, beneath penalty of a monetary penalty. In 2019, he claims 56,387 euros from him. The kids voluntarily intervene within the proceedings and request that the lease be transferred, a posteriori, to B. They declare that the latter ought to have benefited from it upon his mom's demise. The courtroom opposes this, because the father by no means gave his discover. It orders the latter to pay his debt in installments.

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