Sometimes the landlord and tenant are struggling to hear. Before you go to court, it is possible to resolve disputes amicably.It is the role of the departmental committee of conciliation.
When a dispute between a landlord and a tenant, it may not be necessary to adjust him to justice or fists. Indeed, in a document published on its website, the Ministry of territorial cohesion recalls that there the departmental commission of conciliation (CDC).
What is the CDC?
The commission is composed in equal parts of representatives of donor organizations and tenants' organizations."The members who compose are appointed for three years by the prefect on a proposal donor organizations and tenants whose list is fixed according to their representation in the department. In case of deficiency of landlords or tenants organizations in departmental level, the CDC may be composed of representatives of organizations representing regional or failing at the national level. "
The ministry said that the CDC is not responsible for any disputes. His powers are defined by Article 20 of the Law of 6 July 1989. Thus, powers affect litigation concerning the inventory, the decency of housing, rental charges, rental repairs to the lessor or tenant leave, deposit and rents (rent review, fixing, guidance, ...). The commission is also responsible for the difficulties of a collective nature, namely the implementation of national or local collective agreements, applying the rental consultation plan and the difficulties of operating a building.
Who can enter and how?
The role of the CDC is simple: find a solution without going through the courts. The landlord and tenant can therefore grasp, but also a group of tenants or a representative association tenants when it comes to a collective dispute.
To do so, the ministry says it is enough to send "a registered letter or electronically to the secretariat of the Departmental Conciliation Commission of the department where the unit is located involved in the dispute or difficulty. The procedure is free. "
The letter must include the names and addresses of the parties and the subject matter. The ministry recommends attach a copy of the lease, the complaint letter previously sent to the other party and also pictures if necessary. If the difficulty is about the deposit, it will add a copy of the inventory states. If the revaluation of rent, you should join "lease renewal of the proposal including the rent increase made by the lessor and the reference elements used to provide the increase." And finally, if the decency of housing issues, it is advisable to join the formal notice addressed to the lessor.
Please note that this letter and the various documents must be sent in duplicate. When seize the CDC?
If the board can be entered at any time, some disputes have requirements. Thus, in his booklet The Ministry reiterates that decency of housing, the owner or tenant has two months to enter the instance. In a dispute over the rent supplement, one of the protagonists will be three months from the date of signing the lease. And finally, for the revaluation of rent renewal of the lease, they have four months before the lease expires.
Once entered, the secretariat of the CDC will convene the two parties, which may be represented. "The commission session is made jointly, in principle, at least four members, and up to 6 members, representatives of tenants' organizations and representatives of donor organizations. Each party presents its views" says the commission. The latter has two months from the date of referral, to give its opinion.
If conciliation is successful, however that one of the two protagonists did not respect the agreement, the other may enter the court that will compel them. In case of non conciliation, the opinion of the CDC may be sent to the district court.