It takes a long time to get a tenant evicted. Once the Judge has rendered his decision, it is still necessary to succeed in having the decision executed.
It is a question here of the refusal of the public force, thus of the State, to proceed to the forced eviction of a tenant.
It emerges however from the provisions of article L.153-1 of the Code of the civil procedures of execution:
“The State is required to lend its assistance to the execution of judgments and other enforceable titles. The refusal of the State to provide assistance gives rise to a right to compensation.
However, it happens that the State does not comply with the provisions of the aforementioned article…
Concerning the enforcement procedure, the Bailiff must deliver to the tenant a commandment to leave the premises within two months (article L.411-1 of the CPCE). This order to leave the premises is notified to the prefect.
When this two-month period has expired, the bailiff can proceed with the eviction of the occupants and, if necessary, request the assistance of the public force.
The public authority has two months to respond to the bailiff.
Nevertheless, it often happens that no answer is given, or that the assistance of the public force is not granted to the injured owner.
This is how the owner can take legal action for compensation against the State.
If the administrative court upholds the claims of the owner to whom the prefect has refused the assistance of the police force and condemns the State to compensate him, the administrative court must subrogate the State, within the limit of the compensation to be paid, in the rights that the injured owner has over the occupants without right or title during the period of the State’s responsibility.
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