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Commandement de Payer help
What is a Commandement de Payer?
If I serve a Commandement de Payer will my rent be paid?
What can I do if the management company does not pay my rent?
- If the tenant complies with the court order and evicts the apartments (or in the leaseback case the management company may return your keys) the owners can repossess property.
- If the tenant does not vacate, owners must instruct a bailiff to force the tenant to leave the premises.
- Owners can request a payment order without eviction if they do not wish to terminate lease.
- At any time if the tenant no longer has the cash to pay rent, it can ask the Commercial Tribunal to place it under receivership. The consequences, of receivership are that until a decision is taken on the future of the tenant (continuation, takeover, liquidation):
All eviction and payment procedures are suspended, the landlord must declare the rent arrears due to the receiver within a limited period of time. The receiver has to pay rent for the period after opening of receivership procedure. If rent cannot be paid the receiver must terminate leases. As part of a continuation / takeover plan the receiver cannot force the landlord to accept substantial changes to the provisions of the lease (reduction of rent for instance). If receiver cannot pay rent the lease must be terminated.