JUSTICE: She demanded rents when the accommodation was uninhabitable after Irma


The tenant of a housing located in Cul de Sac, part of France, won an appeal against her landlord who sued her for not having paid her rents when the said housing had been severely damaged by Hurricane Irma.

The tenant had left the premises temporarily enough to undertake emergency restoration work at her expense for an amount of 6 euros. But given that the tenant had not paid rents since August 963 because the owner's nephew was away from the island to collect them, he had issued her in March 2017 a summons to pay the rents due and then , by bailiff, the month following a summons before the court of Saint-Martin (civil procedure).

The court of Saint-Martin had ordered the termination of the lease and in the absence of voluntary departure of the tenant, her eviction. Assisted by Master Noémie Chiche-Maizener, the tenant decided to appeal this judgment. The Basse-Terre Court of Appeal rendered its judgment in mid-June 2021: it annulled the termination of the lease pronounced by the court of Saint-Martin and ordered the owner to pay the difference between the emergency work carried out and the rents that should have been paid.

(more details on www.soualigapost.com)

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