2023-08-31 21:38:08
Interior Minister Gérald Darmanin asked the prefects for a “systematic firmness” to evict people from social housing “offenders who are perpetrators of urban violence”in a note consulted by Agence France-Presse (AFP) on Thursday August 31, confirming information from TF1. “We ask you to mobilize all the tools provided by law to evict offenders from the social housing they occupy”write the Minister of the Interior and the Secretary of State in charge of the city, Sabrina Agresti-Roubache, in this note dated Wednesday.
“You will use the various tools at your disposal, depending on the particular situations that you may experience, in conjunction with donors, local authorities and the judicial authority”they add.
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This note comes after the controversy sparked by the expulsion, last week, by the prefect of Val-d’Oise, of a convicted rioter and his relatives from a social housing they occupied. The prefect had explained to AFP that the expulsion was linked “to the fact that this person looted a store”more “that there was already another reason for expulsion”.
“To save time, we executed a pre-existing eviction judgment”he said, explaining that the decision to terminate the pre-existing lease had been pronounced for unpaid rent.
In law, it is not the prefect who orders an eviction but a court decision, generally after a long procedure. It can only be motivated by non-compliance with the lease, such as unpaid rent, disturbance of enjoyment or acts of delinquency by tenants (wild mechanics, sale of narcotics, noise).
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The ministers cite articles 1.728 of the civil code and 7 of law 89-462 of July 6, 1989, and argue that the commission of“a serious act of delinquency near his place of residence” constitutes “an attack on the peaceful use of his dwelling”.
“On this basis, a lessor can seize the civil judge so that the latter pronounces the termination of the lease of the dwelling and the eviction of any occupant to restore the tranquility of the place”, they detail. Ms. Agresti-Roubache and Mr. Darmanin asked the prefects to ensure that donors and mayors have “knowledge of these provisions and to facilitate their use”.
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