So, the hairdresser will be moving out on 30 September 2012, but what about Monsieur C? No! He will not be moving out any time soon! In fact, he’ll possibly only need to move out in a box! Then, we would have more problems as one of his children could step into his tenancy shoes. French law is marvellous, it is very protective, but not if you’re an existing victim of fraud!
As a starter, it appears that his tenancy has the highest level of legal protection in France, I will explain, and he is further opposing eviction on grounds that he is a resident in the property, his tenancy is not commercial.
To clarify Monsieur C’s tenancy protection. It was revealed during our recent visit to Champagnac that Monsieur C was ‘placed’ in the property by the Social Services. We have no more details as that would ‘breach his human rights’, but the fact was confirmed by the former village Mayor, Monsieur G. It appears that our sellers were not given opportunity to refuse Monsieur C a tenancy agreement, the Social Services rule the roost in such cases.
No wonder our sellers felt the need to resort to fraud to sell the property, Monsieur C had apparently informed them that he would not move out to permit them to sell the house without a sitting tenant comfortably in situ.
Where can we go from here, regarding Monsieur C? The short answer is ‘nowhere’! The Cadastre can’t evict him, it was made clear to us that the Church will not object to Monsieur C remaining a sitting tenant in our house that truly cannot ever be our home.
In addition to the above shock, we also received a letter from the local Trésor Public to say they will no longer be able or willing to receive the rents directly from Monsieur C and the hairdresser. We must receive the rental payments directly, and pay our building taxes directly. If we refuse to accept the rental payments (as advised by our first avocat), we are “…breaking the law, Madame, and you can both go to prison.’
Do French prisons have central heating? If so, that just might be an option!
Just before we left the house, Tom and I heard Monsieur C walking down the stairs. Then, less than 30 seconds later, he walked back up the stairs to his apartment and quietly closed his door. He was obviously aware that we were in the building, Tom has great difficulty getting up the stairs to the first floor, he doesn’t climb stairs quietly as his breathing difficulties render him sounding like a traction engine, Bless.
As we left the property, we noticed an envelope in ‘our’ mailbox. Inside the envelope, addressed to us, we found a cheque made out to us and the following note (exact words):
“Bonjour! Cheque pour le loyer d’avril 2012 plus 0,38€, ci joint pour solde de 2011. Bien le bonjour à tous.”
For those without French language knowledge, here’s the translation:
“Hello! Cheque for the April 2012 rent plus 38 cents to balance the 2011 rent payments. Good day to you all.”
Monsieur C is, indeed, a very happy bunny.
That’s not all, it appears that the hairdresser needed to move home a few weeks ago; she is now a tenant in the same Public Housing apartment that the former Mayor was going to offer to us, before he was ousted by the current Mayor. I suppose looking after one’s own is normal, in any country.