Case Under Rental - Groupe Prometheus

About this case!

We are contacted by telephone by a lawyer, telling us that his client owns a Parisian apartment subject to the 1948 law. The owner of the apartment has doubts about the presence of the tenant in his apartment.

Civil law Real estate disputes

Time allotted 1 month

Recommendation Lawyer

According to the information held by the lawyer: the tenant of the property moved several years ago.

She allegedly left the unit in her name so that her son could benefit from a low rent. As an apartment subject to the 1948 law, he asks us to verify the veracity of this information, allowing him to recover the apartment.

The request is to quickly identify the tenant of the apartment in question, and to find the new address of the tenant.

Goals

In order for the landlord to recover his property under the 1948 scheme, we had to prove that the tenant:

Prove that the tenant no longer occupies the property
Prove that the tenant’s son occupies the property
Find the tenant’s new address

Photographs and videos
Report produced in court
Administrative search (new address)

Our process

1. The appointment

The appointment is on the phone. The lawyer puts us in touch with the owners of the property. A warrant is established and sent by e-mail.

2. Strategy

In order to prove all the elements requested, observations are put in place over 40 hours divided into 5 days of intervention.

A week of surveillance to see the alleged tenant’s comings and goings
A neighbourhood survey with certification collection 202
An administrative search to find the tenant’s new address

3. The survey

The surveillance and spinning allowed us to show that the dwelling, subject to the regime of the 1948 law, was not inhabited by the tenant but by his homeless-looking son and his friends who had taken up residence in the dwelling that had become unsanitary.
Administrative research showed that the tenant of the property had chosen residence a few blocks from the dwelling.
A report that can be produced in court has been issued to the client’s lawyer wishing to recover his property subject to the regime of the 1948 law allowing the intervention of a judicial officer.

4. Cost of delivery

The cost of this benefit amounts to 3000 euros HT, part of which can be covered under Article 700 of the Code of Civil Procedure.

Result

Our investigation report allowed the intervention of a judicial officer who was able to observe and recount the facts in a bailiff’s statement.

Thus the dwelling subject to the 1948 law was not inhabited by the tenant but by her homeless-looking son.

The owner was able to make the necessary to recover his property.