Real estate law

The disputes we handle

• non-payment of rent and service charges;
• failure by the landlord or the tenant to perform their obligations;
• disputes over co-ownership charges and challenges to general meeting resolutions;
• disputes over works, between landlord and tenant or between co-owners and the co-owners' association;
• defects and faulty workmanship affecting a property;
• claims against builders, subcontractors and service providers;
• invoking insurance policies and statutory warranties: the completion warranty, the two-year warranty and the ten-year structural warranty;
• enforcement against real property;
• assistance during court-ordered expert proceedings.

Every procedural step, handled end to end

The firm drafts and manages all the instruments needed to defend your interests:

• the formal notice, the prerequisite to any litigation: a lawyer's letter setting a deadline and announcing legal action failing performance;
• the formal demand for payment invoking the termination clause, which opens the way to termination of the lease where arrears persist;
• the writ of summons, which starts the proceedings;
• the written submissions, which develop your arguments throughout the case.

Securing recovery

Winning is not enough: you must get paid. MOSAIK puts in place the measures that guarantee enforcement of the decision to come or already obtained:

• attachment of bank accounts;
• garnishment of wages;
• mortgage registration, to be paid in priority if the property is sold;
• seizure and sale of movable assets.

Urgency, when it is required

Some situations cannot wait. Depending on the degree of urgency, the firm selects the appropriate procedural tool: interim proceedings, ex parte application, fast-track procedure. This command of procedural tools makes swift action possible when your interests demand it.

Technical expertise, with support

Many property disputes turn on technical questions: valuing a property, determining the origin of a defect, costing the remedial works. MOSAIK assists its clients throughout court-ordered expert proceedings and works in partnership with recognised experts registered with the French courts of appeal.

Frequently asked questions

My tenant has stopped paying: how long before I recover the premises?

The process starts with a formal demand for payment, then goes before the court if the debt is not settled. Timelines depend on the court and on the protections available to the tenant. Acting quickly and in the required form from the first missed payment is the best way to shorten them.

What should I do about defective work on a construction site?

Have the defects formally recorded, identify those responsible (contractors, subcontractors, project supervisor) and invoke the statutory warranties: the one-year completion warranty, the two-year warranty on equipment and the ten-year structural warranty, as well as the insurance policies. An application for a court-appointed expert is often the first useful step.

What is a court-ordered expert review for?

The court-appointed expert determines, from a technical standpoint, the origin of the defects, their extent and the cost of remedying them. The expert's report weighs heavily on the outcome of the dispute: being assisted by a lawyer throughout the expert proceedings is essential to defend your interests.