Se retrouver face a un locataire qui ne paie pas le loyer est l’une des situations les plus graves dans notre vie d’un bailleur.

D’ailleurs, le risque d’impayes reste l’un des principaux problemes rencontres avec des proprietaires-bailleurs.

Mais que faire si mon locataire ne paie pas son loyer beautifulpeople site officiel ? Parcourez dans une dossier nos 5 recommandations confortables.

Conseil n°1 : agissez des le premier impaye de loyer ou de charges

Dans bien reglement de probleme, dans toute procedure, Il semble toujours preferable de ne point laisser trainer nos trucs. Il faut « prendre date » le plus tot possible.

Notre locataire ne paie gui?re son loyer ? Notre locataire ne paie jamais ses charges ? Un seul non-paiement de loyer ou de charges (2 semaines de retard, entre autres) ne veut pas dire procedure judiciaire immediate, evidemment, car i§a peut resulter d’un soucis extraordinaire et temporaire.

Mais c’est indispensable de contacter immediatement son locataire Afin de connaitre la raison de votre retard de paiement. Vous aurez alors une initiative plus precise de l’importance du probleme et des possibilites d’un retour a la normale.

Si le loyer ou des charges ne semblent pas regles rapidement apres l’explication et que vous sentez que la situation va perdurer, ne perdez aucun temps libre.

Conseil n°2 : tournez-vous vers votre assurance loyers impayes ou par la caution

Si vous avez souscrit une assurance loyers impayes ou si vous jouissez d’une garantie Visale , montez facilement un dossier. Si non, adressez-vous a l’individu qui s’est portee caution et demandez-lui de regler le loyer.

Si votre locataire est beneficiaire de l’aide au logement, contactez la Caisse d’allocations familiales (CAF) Afin de demander a votre que le versement de l’ APL vous soit en direct adressee.

Attention : vous pouvez vous revenir, dans la plupart conditions, contre l’agent immobilier qui vous a propose le candidat sans verifier sa solvabilite.

Conseil n°3 : resiliez le bail

Si le contrat de location a ete beaucoup concu, il doit contenir une clause resolutoire indiquant que le bail est resilie automatiquement si le locataire ne paie gui?re son loyer et ses charges a toutes les echeances convenues. Car si tel n’est nullement l’eventualite, vous serez oblige d’assigner ce locataire en face du tribunal d’instance.

Votre bail inclut une clause resolutoire

Avant la mise en ?uvre en clause resolutoire, envoyez au locataire un commandement de payer via acte d’huissier. Cela dispose aussi d’un delai de 2 mois pour regulariser sa situation. Si vous beneficiez d’un acte de cautionnement signe par un proche du locataire, l’huissier doit egalement lui signifier un commandement de payer comme nous l’expliquons dans notre video ci-dessous :

Si aucun paiement n’a ete effectue au terme de votre delai de 2 mois, la resiliation du bail reste effective. Vous pouvez aussi commencer une procedure d’expulsion avec le concours d’un huissier de justice.

Votre bail ne contient pas de clause resolutoire

Di?s lors, assignez votre locataire avec l’intermediaire d’un huissier, en face du tribunal d’instance, pour demander la resiliation du bail et le expulsion. Vous pouvez aussi, si vous le souhaitez, et avant cela, adresser a votre locataire une « mise en demeure » de respecter ses engagements.

Le tribunal d’instance aime alors la situation :

  • le juge va decider d’accorder des delais de paiement s’il estime que le locataire a les capacites de regler sa dette ;
  • le juge va prononcer la resiliation du bail et ordonner l’expulsion du locataire .

Suite a la resiliation automatique du bail (clause resolutoire) ou a J’ai decision de justice ordonnant la resiliation du bail, vous devez envoyer au locataire, par l’intermediaire d’un huissier, un commandement de quitter les lieux . Notre locataire dispose alors d’un delai de 2 mois pour quitter le logement.

Conseil n°4 : enclenchez la procedure d’expulsion

Si ce locataire se montre recalcitrant a quitter les lieux, vous n’avez d’autre conseil que de mettre en route une procedure d’expulsion.

Important : la procedure d’expulsion devra obligatoirement etre mise en ?uvre avec un huissier. Cette operation delicate necessite du savoir-faire et le respect une loi, sous peine d’amendes et memes de condamnations de prison !

Les expulsions paraissent interdites pendant l’hiver, pendant la treve hivernale qui dure 5 mois (du 1 er novembre au 31 mars). Mais attention : ce n’est gui?re parce que vous ne pouvez plus expulser physiquement le locataire du logement que vous ne pouvez jamais continuer la procedure d’expulsion.

Conseil n°5 : demandez le remboursement une dette constituee par nos loyers impayes ou des charges impayees

Cette demarche reste trop souvent oubliee ; des proprietaires bailleurs etant trop contents – apres l’expulsion effective – de s’etre debarrasses d’un mauvais payeur. Et pourtant ! Si Quelques locataires expulses ont de reels problemes financiers, d’autres (ou leurs garants) ont les moyens de rembourser leur dette. Ne partez gui?re battus d’avance et entamez une procedure pour le paiement des arrieres de loyers ou de charges. Ca pourra en valoir la peine.

Si vous avez des questions d’ordre juridique ou fiscal dans votre sujet, connectez-vous ou creez votre espace adherent Gererseul et posez vos questions directement a nos partenaires au sein d’ l’onglet « Mes services exclusifs » et « Assistance fiscale/juridique » (service reserve a nos abonnes).

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