Rents: Can tenants and property owners agree freely to rents in Martinique?

The rent may be agreed freely between the owner and the renter. However, the rent can only be reviewed once a year and only if the contract clause (strictly drawn up) provides for that. The rise in construction costs cannot exceed the four-quarterly average of the INSEE index. This must be complied with by index clauses and periodic clauses. adhunt

Luxury villa in Martinique
In the absence of such clause, if, at the conclusion of the contract, the owner wishes to rent more, the owner shall demonstrate, by furnishing nine examples, with details of each of them — exact addresses, surface areas, decorative state of the house, date of construction, time during which the houses were rented, and If the increase is above 10%, it must be extended over six years, despite the fact that the contract is only three years. Where there is no agreement, the owner must go to a judge of the Departmental Conciliation Commission (a free service).

Deposits

A deposit of no more than two months’ rental may only be provided for in the tenancy contract and only if the rent is not paid in advance.

What rights have landlords and tenants in Martinique, in particular for contract duration and expulsion?

French law protects the tenant generously (the locataire).

An unsubstantiated property contract lasts at least three years (if the owner is a person), or six years (if the proprietor is a company or society). An individual owner may conclude a shorter contract only if he needs the property for professional or family purposes to be recovered (e.g. retirement, return from abroad, need to house a family member). If no limit is set in the contract, the contract applies automatically for three years.

The furnished property is treated slightly differently. The contract period shall be one year; it shall be automatically renewed at the conclusion of the contract, unless notice is given by each side.

In addition, the contracts furnished are less regulated as regards deposits, charges, landlords’ and tenant’s obligations and contract documents.

Property furnished is taxed as professional income and exempt from VAT. The owner is responsible for paying local taxes.

During the contract, the tenant may leave at any time, subject to a three-month notice two or more commonly (reduced to one month if the tenant loses his job, is over 60 and in bad health, etc). The landlord is not free to notify him of this.

In both cases, the owner can re-occupy the property only if:
He or a family member intends to live there;
He plans to sell

For another serious and legitimate reason, such as the rent was not paid, or the tenant was not insured at home or violated his rights to use the property.

Hillside properties in Martinique

Notice shall always be given at least six months prior to the termination of the contract. It must be sent by registered mail or courier. If the landlord wishes to sell, he must send the tenant with a priority purchasing right a copy of the offer (including the price)

The tenant can hardly be expelled before the end of the term, maybe only if the building falls if the mayor is able to expel the tenants. Otherwise, for example, for not paying the rent, the property owner has to wait until the end of the term and the notification has to be sent at least six months before the end, complying with complex conditions. Still then, the process lasts from six months to one and a half years from the end of the contract.

If the contract contains a resolution clause (clause resolutoire), a shorter procedure exists, but it can only cover:

No rental payment
Home insurance non-registration

If the specific obligation laid down in the contract is not satisfied, the resolution clause allows the immediate termination of the contract after two months’ notice.

The agreement (the bail) must be written. There are a number of compulsory provisions and also many prohibited provisions. The 1989 Act (Art 8) prohibits tenants from leasing without the property owner’s written consent.

Non-payment EVICTION OF RENT
Duration until process service is completed 16
Trial Duration 75
Enforcement Duration 135
Total Evict Tenant Days 226
Courts: Project Lex Mundi