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In A Desperate Attempt To Recover His Property, Property Owner Removed Doors And Windows To Pressure Tenants Who Refused To Pay Rent.
Imagine renting your house to someone and, suddenly, the tenants simply stop paying rent. Desperate to regain the property, the owner decides to take matters into his own hands — but in an extreme way: removing doors and windows to try to force the occupants to leave. What seemed like a contractual impasse turns into a real legal battlefield.
In northern France, Mrs. Sandrine Lemaire and her family have been living for over two months under unsanitary and dangerous conditions after the property’s owner removed the doors and windows from their home.
After great public attention in the country, the case went to French justice, as the law in the European country establishes certain rules for the eviction of tenants during specific times of the year.
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A House Without Protection Against Cold And Insecurity
To enter her own house, Sandrine has to lift an improvised rolling door, as the original was removed. The cold is intense: inside the residence, temperatures drop to -4°C in the morning.
The situation has persisted since December 20 of last year, when workers sent by the owner removed the doors and windows under the pretext of replacing them with new ones.
However, nothing has been installed in their place. To protect the house from the cold and prevent invasions, the family had to improvise by sealing the openings with cardboard and iron sheets. Every night, they screw the shutter in place to ensure a minimum level of security.
Judicial Decision Requires Replacement Of The Equipment
Sandrine reported the case to the local authorities and obtained a favorable judicial decision. The court ordered the owner to replace the removed doors and windows, as he should not have taken such unilateral action, that is, taking justice into his own hands.
However, according to the homeowner’s attorney, Emmanuel Riglaire, the family will not receive new doors and windows, but rather the same ones that were removed.
“This lady will not have anything new. She will have everything that was dismantled and that we replace. And, in fact, I also have the mission of condemning her to pay“, declared the lawyer, claiming that the tenants had stopped paying rent for five months.
According to him, there was an informal agreement in which Sandrine allegedly agreed to bear the costs of replacing the windows and doors.
What The Law Says In France
In France, it is illegal for a landlord to remove windows and doors or take any other measures to force a tenant to leave, regardless of delays in rent payments. Legislation provides judicial mechanisms for evictions, and the so-called “winter truce“, in effect between November 1 and March 31, prevents evictions during the coldest months.
“For ill-intentioned landlords, all means are valid to expel tenants,” warned Éric Constantin, regional delegate of the Abbé Pierre Foundation. He stressed that this is not an isolated case: there are reports of landlords destroying bathrooms, tearing down walls, or removing roofs to make properties uninhabitable and force tenants to leave.
Attorney Louis du Merle emphasized that these practices are illegal and advised tenants to report similar situations on the Histologe platform, which operates in 80 departments across the country.
Uncertain Solution For The Family
Although the judicial decision requires the replacement of the doors and windows, Sandrine still has not received information on when this will occur.
Meanwhile, the family declined a relocation option offered by the government in a distant city. Sandrine wishes to leave the house as soon as possible, but is still looking for a solution that meets the family’s needs.
The municipality has also been notified about the situation and may intervene to require the owner to comply with the judicial order.
The case reignites the debate on tenant safety and landlord responsibility, highlighting the growing tension between both parties due to the increase in late rent payments.
If It Were In Brazil, How The Law Would Act In This Case
Rental default is a common situation that can lead to tenant eviction. In Brazil, the Tenant Law (Law No. 8,245/1991) regulates this issue, establishing rights and duties for both landlords and tenants. However, there are situations in which eviction can be avoided or postponed.
When a tenant fails to pay rent, the landlord can take some measures to resolve the problem. Initially, the owner can reach out and try to negotiate a payment plan for the debt. If there is no solution, he may file a eviction action for non-payment.
The judicial process generally follows these steps:
Notification – The landlord may, prior to legal action, notify the tenant to settle the debt.
Eviction And Collection Action – If the rent is not paid, the landlord can go to court requesting the property’s eviction and the payment of amounts owed.
Deadline For Payment – After being summoned in the action, the tenant may avoid eviction by paying the debt within 15 days, provided they have not used this right in the last 24 months.
Court Order For Eviction – If the debt is not settled and there is no agreement, the court may order eviction, with a deadline that may vary between 15 and 30 days. If there is no guarantee in the contract (such as a guarantor or deposit), eviction may occur in 15 days, without the need for a prior hearing.
Are There Cases In Which The Tenant Cannot Be Evicted?
Despite the legal provision for eviction, there are situations in which it can be avoided or postponed.
Payment Of The Debt Within The Deadline: If the tenant pays the amounts owed within the 15 days after being summoned, the eviction is canceled. This can only occur once every two years.
Families In Vulnerable Situations: In some cases, the court may block eviction if there is a risk to human dignity. Families with children, elderly people, or disabled individuals may receive special treatment, with court decisions that extend or suspend eviction.
Lack Of Prior Notification Required By The Contract: Some contracts stipulate the need for formal notice before any eviction action. If the landlord fails to follow this requirement, the action may be invalidated.
Contract With Guarantor Or Deposit: If the contract has rental guarantee (such as a guarantor or deposit), the court may understand that the landlord must, before evicting the tenant, try to execute the guarantee to settle the debt.
Eu tacava fogo na casa, se eu não posso ter a casa, eles também não teriam
Um inquilino tentou bancar o esperto comigo, chamei um chaveiro. Retirei os pertences dele de dentro do ap.E falei para ele chamar a polícia para mim. A ficha dele era mais suja que tudo. Cadê que ele chamou.
Proibi a entrada dele no prédio.
Nem o resto das coisas ele voltou para buscar.
Se não pagar o aluguel…oq irei fazer fazer mas maldades ainda do que esse mundo está…nessa vida não levamos nada dessa terra…perdoa e serão perdoados….