How effective is the legal system of Martiniquais?

Tenancy law before the courts is enforced. Proceedings are long, the courts are saturated and the powers are lacking. real estate

The process of eviction is organized according to Articles 61-66 of the Act of 9 July 1991. The court's decision to expel must be notified to the tenant.

After a grace period (usually 6 months) granted by the judge, the landlord must ask the tenant to leave by a commandement de abandon les lieux that must include specific information, e.g. to inform the tenant that it may request additional time from a judge in the house.

If the judge gives a delay, the tenant has two additional months to leave the house by law. During that time, he can request the judge to postpone the expulsion order for 3 months to 3 years if the eviction could have seriously unfair consequences (family with no place to go, children out of school, etc).

If the tenant hasn't left, the bailiff may ask the police prefect for help – but no one can be removed in winter, i.e. from 1 November to 15 March.

The prefect can nevertheless refuse to help, e.g. if the family consists of many children.

After this, the landlord may go to the administrative courts and ask for damages (having failed to get his tenant out), although it takes a long time to get them.

Legislation

The Mermaz Act of 9 July 1989 is the rule of law. The Act of 21 July 1994 and the Guiding Act of 29 July 1998 contain minor amendments.

Brief history: Recent changes in landlord and tenant law in Martiniquais

The victory of the Socialist Party in 1981 led to the 1982 Quillot Act. While the majority of tenancy agreements were previously verbal, the act imposed a written agreement, required minimum terms and strictly limited termination terms.

Villa for sale in Martinique

Once the conservative parties came back to office in 1986, the act was repealed and another passed. When the Socialists came back to power, they abrogated the conservative act too. Their Mermaz Act of 1989 forms the basis of this law; amendments were not substantial.

France encourages private people to build and rent homes. Many loans, tax subsidies and tax incentives are provided, especially for those who earn less than a fixed amount to rent. Conversely, the d'habitation tax penalizes leaving buildings empty.

The housing situation is not good, however. 'The slums reappear in suburbs of large cities, and more and more people find it difficult to find an affordable residence for rent...'

Rent: In Luxembourg can landlord and tenant agree freely to rent?

Leasing is regulated. Dwellings built or substantially renovated after 10 September 1944 can generate a return on the capital invested in the building of more than 5% for the property owner.

Apartments for sale and rent in Luxembourg

The 'capital invested' is the amount spent on the physical construction, whether valued at the time of construction or reassessed at the moment the law enters into force. Those who cannot document their building costs must accept the Commission's opinion on rented apartments. The landlord may propose the tenant to make use of the acquisition price, but the Commission's view of rented apartments prevails if the tenant objects. If construction took place more than 20 years ago, the value of capital invested is considered to have decreased by 10%. Thus fixed rentals can only be changed every three years.

Furnished apartments can only be rented at double the preceding rates.

Pre-1944 housing over 9 m2 may not be rented more than 600 francs if 'without comfort;' 1,000 francs if 'with comfort' and 1,500 francs when 'with modern comfort' is provided. The rentals of smaller houses are reduced proportionately.

These restrictions do not apply to independent households, villas and apartments with at least 7 rooms and 'modern comfort.'

Deposits

A maximum deposit of three months can be requested.

What are the rights of landlords and tenants in Luxembourg, especially regarding contract duration and disposal?

Campaigns may be concluded for every term, but a tenant has the right always to renew the lease, unless the landlord can prove that he or she needs residence for occupancy by himself, his or her descendants or ascendants, his or her lawyer's parents, or his brothers or sisters.

Old town houses in Luxembourg

On request of the tenant, a judge is allowed to suspend the eviction order for three months and may renew that suspension twice.

When a lease is terminated, tenants are required to notify the landlord by registered mail at least three months in advance, unless there is a shorter notice. A diplomatic clause to break your lease short-term in the event of a sudden transfer.

Legislation

The Arts 578-636 and 1708-1767 of the Civil Code, and especially the Baux à Loyer of 29 August 1987 of that date.