The National Assembly adopted this Tuesday a measure that allows a landlord to unilaterally terminate the lease of a tenant in the event of non-payment of debts, without initiating legal action, within the framework of the examination of an anti-squatting law proposal.
This is one of the provisions of a text led by the Macronist Guillaume Kasbarian (Renaissance) for better protection of “small landlords who do not roll in gold” but that the left qualifies as “anti-tenants”.
The article approved on Tuesday in first reading, with 154 votes against 50, aims to expedite judicial processes in rental disputes through the systematic inclusion of an “automatic termination clause” in rental contracts.
Get a faster eviction
The activation of this clause, particularly in the case of non-payment of rent, would allow a landlord to obtain the termination of the lease without having to take legal action and thus be able to obtain the eviction of the tenant more quickly.
Contrary to what was provided in its initial version, the text provides that the judge may suspend this clause, whenever the lessee requests it.
El Modem, supported by the left and the Government on this point, wanted the judge to be able to act ex officio to suspend this clause, without the tenant’s request, to take into account fragile situations. But the amendment in this sense was rejected.
The Assembly also approved another article of the text aimed at speeding up the contentious procedure for rental disputes, in particular by reducing the minimum period between a summons and the holding of a hearing.
A denounced law
During the work in commission, the rapporteur of the text evaluated the average duration of all the procedures -from the first non-payment to the departure of the occupants- “between 24 and 36 months”.
“It’s a law of social regression that deserves to be renamed ‘anti-tenant law,'” launched LFI MP Danielle Simonnet.
The leader of the rebel deputies Mathilde Panot invited the promoters of the text to read the opinion published by the Defender of Rights Claire Hédon. The latter believes that the proposed reform “does not guarantee the necessary balance between the rights of the illegal occupants and those of the owners.”
“Strengthening the penalty for illegal occupation, or making eviction procedures more flexible for non-payment of rent, is neither necessary nor proportionate,” he adds.
Despite opposition from the left and associations, the bill could pass with LR and RN votes.
Backed by the Renaissance and Horizons groups (presidential majority), the text proposes in particular to triple the sentences of the squatters up to three years in prison and a fine of 45,000 euros.
Source: BFM TV
