What is a precarious tenancy?

A tenancy in precarious tenancy is a rental contract in which the tenant, i.e. the person occupying the property, does not have a legally binding contract with the landlord. This means that the tenant has no legal right to occupy the property and the landlord can repossess the property at any time without notice.

In other words, a tenancy in precarious tenancy is a situation where the tenant occupies a property without having a valid and binding lease with the landlord. This situation can occur when the tenant does not meet the legal requirements for entering into a lease or when the lease has expired and the tenant has not vacated the property.

It is important to note that a tenancy in precarious tenancy does not confer legal protection rights on the tenant, so that in the event of eviction by the landlord, the tenant cannot assert his right to remain in the property. Therefore, it is important that the parties involved draw up a valid and binding tenancy agreement to protect their rights and obligations and it is therefore important to have it drawn up by a specialised lawyer.

What does "in precarious tenancy" mean?

The term "in precariousness" refers to a situation in which a person occupies a property without having a legal title of possession or a valid and binding lease with the owner. In this case, the occupation is on a temporary basis and without a formal agreement between the parties.

In short, "in precariousness" means that the occupation of a property is carried out on a temporary basis and without a legal title of possession or a valid and binding lease. This situation is considered precarious and can change at any time.

What is the precariousness clause?

The precariousness clause is a clause that can be included in a lease to protect the landlord in the event that the tenant becomes a squatter. This clause states that if the tenant breaches the lease and continues to occupy the property after the lease has expired, the tenant will be considered a squatter and the landlord will have the right to repossess the property without the need for court proceedings.

In other words, the precariousness clause allows the landlord to recover possession of the property in the event that the tenant refuses to vacate after the lease has expired. This clause is used to protect the landlord in the event that the tenant becomes a squatter, meaning that the tenant has no legal title to possession and no valid and binding lease.

It is important to note that the precariousness clause must be included in the lease in a clear and precise manner in order to be valid and binding. Furthermore, this clause cannot be used to evade the landlord's legal responsibilities for the return of the deposit and the settlement of outstanding expenses and bills.

Who pays the costs in a tenancy in precarious tenancy?

In a tenancy agreement, responsibility for expenses will depend on the terms and conditions agreed between the parties, as there is no valid and binding tenancy agreement that sets out the obligations and responsibilities of the parties in a clear manner.

However, it is generally expected that the squatter will be responsible for the expenses associated with the use and maintenance of the property, such as utilities, municipal taxes and fees, and general maintenance of the property. This is because the squatter does not have a valid and binding lease that establishes the landlord's liability.

However, the landlord may also incur some costs, such as structural maintenance of the property and major repairs. In some cases, the landlord may be responsible for providing basic utilities such as water, gas and electricity, although this will depend on the terms and conditions agreed between the parties.

It is important to keep in mind that if the landlord wishes to repossess the property, he or she may have to bear some expenses, such as legal costs associated with evicting the squatter. In general, expenses in a tenancy agreement can be a matter of negotiation between the parties, and it is important to set out obligations and responsibilities clearly and precisely to avoid misunderstandings and disputes in the future.

Types of Precariousness

There are several types of tenancy, depending on the situation and context in which the occupation of the property takes place. Some of the most common types of tenancies are:

1. Precarious by termination of a lease: When a lease is terminated and the tenant does not vacate the property, he or she becomes a precarious occupant. In this case, the landlord can recover the property through legal proceedings.
2. Precarious by illegal assignment: When a tenant assigns the property to another person without the landlord's consent, the person occupying the property becomes a precarious occupant.
3. Precarious by abandonment: If the tenant abandons the property without notice and the landlord does not know his or her whereabouts, any person occupying the property is considered a squatter.
4. Squatter squatter: When a person occupies a property without the landlord's consent, either by force or in a clandestine manner, he is considered a squatter.
5. Precarious by expiry of a usufruct: If a usufructuary does not vacate the property upon expiry of the term of the usufruct, he/she becomes a precarious occupant.

Each type of tenancy can have different legal implications and may require different procedures for the owner to regain possession of the property. It is important to consult a lawyer to know the rights and obligations of the parties in each specific case.