The building, a former student residence, is suffering from numerous water leaks and has dangerous electrical connections.
Two owners of the “Gyptis”, a very run-down condominium in the 3rd arrondissement of Marseille described as a “vertical shanty town”, were sentenced on Monday by the criminal court for having collected rent despite a danger order which affected the building.
One was sentenced to three months of suspended imprisonment and a fine of 8,000 euros, the other to 120 days of fines of 80 euros. The two defendants were also ordered to reimburse their tenants for the rent unduly collected, i.e. around 2,000 euros per month from March to October 2022, as well as 1,200 euros each in compensation for their moral prejudice.
The defendants had been informed of the order by the trustee
The court considered that these two owners could not ignore the safety order issued on February 22, 2022 by the mayor of Marseille on the common areas of this former student residence of 259 studios, which was plagued by water leaks, dangerous electrical connections and where traffickers had set up a drug sales point.
This order prevented the collection of rents from March, which the defendants had been informed of by the trustee, the court ruled. During the police investigation, several other owners admitted to having been aware of the order and the ban on collecting rents, which was also posted on the building.
Considering that it was up to him to maintain ties with the trustee, the judges dismissed the argument of one of the defendants claiming to be in Algeria and not to check his emails. The second, living in Morocco, had taken refuge behind the management mandate given to a real estate agent, but here again the court did not accept the argument.
68 interventions by marine firefighters, 16 fires started
Deploring that these two owners had “not been aware of their obligation to provide decent housing”, the court pointed out “an exclusively financial approach”. The studios had been purchased for 30,000 euros each.
The defendants were also prohibited from acquiring real estate for residential or commercial use, as well as a permanent ban on exercising the professional activity of renting accommodation.
Having been served with an unsanitary order in July 2022, the “Gyptis” was completely evacuated in March 2023 due to the dangerous nature of the premises. At the hearing on June 3, the presiding judge mentioned 68 interventions by firefighters over a short period of time, including for sixteen fires.
