Do you prefer micro-housing or no accommodation? For lack of anything better, poor households very often answer “micro-housing”. And knowingly agree to sign an illegal lease. Poor housing, a recurring problem that pushes associations to mobilize: this Sunday, January 5, a march is organized in Paris to demand the requisition of empty housing.
These mini-accommodations which are rented are often less than 9m². However, the law is clear: a home can be rented if its habitable surface area is greater than or equal to 9 m² and its ceiling height is at least equal to 2.2 meters, i.e. a habitable volume at least equal to 20 m3 ( article 4 of the decree of January 30, 2002). Conversely, nothing prohibits a seller from selling a home of less than 9m².
Jianqiu, 63, knew this but, due to a lack of sufficient budget to buy larger accommodation, she settled on a 6m² accommodation, located in the 16th arrondissement of Paris and which she has been renting for two years. The rent? 460 euros per month. Or more than 76 euros per m². A price twice as high as the legal maximum. “I sleep on the floor with a mattress every daysays this part-time waitress who earns 775 euros per month, quoted by BFM. With my salary, I can't find a normal apartment.»
Good news: his accommodation was recognized as unsanitary by the authorities. She is therefore no longer obliged to pay her rent, as provided for by law (article L521-2 of the construction and housing code). Furthermore, Jianqiu was recognized as a beneficiary of the DALO (Enforceable Right to Housing) by the prefecture in February 2024 and is therefore a priority for emergency rehousing. After six months, she should have received a housing offer.adapted to their needs and abilities”, according to the law. For Jianqiu, this was not the case.
What are the risks for the unscrupulous owner?
What to do in this case? An appeal must be filed with the administrative court within four months following the end of the deadline given to the prefect, we can read on the government website service-public.fr. You must provide the court with a copy of the decision of the mediation commission recognizing you as a priority. You are not obliged to hire a lawyer and can get help from a social worker or an approved association. The court has two months to make its decision. What about the owner? What is he risking? “Since the accommodation is indecent, the unscrupulous owner is exposed to having to reimburse the rent collected and to rehouse his tenant.», warns Me Romain Rossi-Landi, lawyer in real estate law.
