Quietude Evasion management company

Our web is not up to date as today we do mainly tax, accountancy and rent recovery for non-french leaseback owners. Thank you for your post. Same job as Cof.., Gef. or Soreg.. plus rent recovery, full assistance, bank issues etc for same price as your actual French accountant. leaseback is complex and owners need assistance here.
BLM

Hi

Check the blog mentioned by Calypso21. Contact them. Work with them

and don't forget to sign the online petition

http://www.petitiononline.com/131007/

Good luck

Hi everyone,

You should join the association ADPRQ (adprq@laposte.net)

and check the blog : http://quietude.over-blog.com

The president of the association took Mr Ainouche on the phone recently and by joining the association, you can get the information and advice you expect.

Best regards

Hi everyone,

A "blog" has just been created :

Go to :

http://quietude.over-blog.com/

Best regards;

Great, that may works sometime when the management company cannot pay all owners but only few: first in first paid. This confirms that Quiétude is suffering from cash flow problems.
BLM

Bonjour à tous,

I sent a "mise en demeure" eight days ago and I have just been paid.

So it seems to be the right way to proceed with Quiétude.

The next time I will not wait a month to send a "mise en demeure".

Cordialement

Hello,

First, I apologize for my bad english !

I also have some problems with Quietude to be paid for the rent of the 4th quarter 2008 (due 15th January).

I have been told this company doesn't have financial difficulties but I will consult a lawyer if I don't have the payment within 8 days.

Best regards

Quietude is a developer and management company and developping and selling was cash flow profitable while management not. They took over with Lagrange all resorts from Maisons de Biarritz and they have non profitable resorts in thePyrennees. Yes they are suffering cash flow problems.

We should get more accurate info in the comings days. So contact us on bertrand@clvproperties.com for additional info from next week.

BLM

Sending a 'mise en demeure' is indeed the correct
procedure where a leaseback company (tenant) is in breach of contract on
issues such as lack of maintenance of the property, carrying out a business
which the lease does not allow (e.g. restaurant) etc.

However, where
the breach of contract consists in default on payment of the rent, a simple
mise en demeure often is ineffective. Most leases include a special clause
called 'clause resolutoire' which sets the correct procedure. In almost every
lease, the clause will state: 'Le baileur à l'obligation de délivrer un
commandement de payer. Le commandement doit, à peine de nullité,
mentionner le délai d'un mois octroyé pour le locataire pour s'éxécuter'.

If a leaseback company does not pay the outstanding rent following a
mise en demeure, the landlord is, in effect, back to square one and must then
have a commandement served...

There is of course no harm in sending a
mise en demeure first, but the proper, appropriate, legally effective course
of action consists in having a commandement served through a local bailiff.

Having said that,
sending a simple mise en demeure can sometimes be justified, where the
leaseback company is defaulting on one single particular property for example.
This is a course of action I suggested some time ago to leaseback owners, on a
couple occasions. I even drew up a draft letter or template, for use by some
of my customers. It seems that my draft letter is widely circulating on the
internet now, which is good news! The current context within the French
leaseback industry is now different now though and justifies a tougher
approach.

Leaseback agreements usually refer to 'commandement de payer' ou 'sommation d'executer'. 'Sommation d'executer' is a generic word for Summons. A 'sommation' is
an 'acte d'huissier', i.e. can only be issued by a bailiff. Unlike a
'commandement', a 'sommation' is not directly enforceable. Its only
advantage, as with a 'mise en demeure', is that interest start to accrude from the date it is issued.

Where a leaseback owner wants to have the possibility to cancel the
lease, or at least threaten to do so, then a 'commandement' should be
issued. This applies irrespective of what the lease may state, because
the rule derives from statutes: Art. 25. of the Decree of 30 September 1953 -
Toute clause insérée dans le bail prévoyant la résiliation de plein ne produit
effet qu'un mois après un commandement demeuré infructueux. Article 25 is very specific. It does not say sommation or mise en demeure, but uses the word 'commandement'.

I fail to understand some leaseback owners' insistence on claiming that a mise en demeure
must absolutely be sent first. The correct procedure consists in having a
'commandement' served, as required under Article 25 of the 1953 Decree. At the end of the day, everyone is free to do what they consider fit, but remember that if the leaseback company chooses to ignore your 'mise en demeure' letter, this will have just been a waste of time... http://www.solicitor.fr

Hi

and many thanks for your answers and advices.

I have already contacted the customer service on last friday ; they told me the rent will be paid the 15th at the latest.

But I still have not received anything so far.

Best regards

We are owners with a different management firm (Residhotel). If they (Quietude) start to hold back the rent don't waste time: send a registered letter called "mise en demeure" which is the first step in the process and an essential element if you are obliged to undertake legal proceedings. A huissier de justice can only certify to non-paiement but he can't get them to pay. the overblog for owners with residhotel will give you the model for the mise en demeure. If you can't find it let me know and I'll try to send one to you.You can also send the letter via internet with the French post (La Poste). Don't forget to make it AR (accuse de recpetion) so that you will receive the signed receipt. Good luck!