Relations between landlords and tenants are often a source of tension. Whether it’s a residential dwelling, commercial or professional premises, a poorly drafted lease or a misunderstanding can quickly degenerate into conflict.
In Toulon, our cabinet d’Avocats en droit immobilier will assist you in all aspects related to real estate leasing :
- preventing disputes by drafting and securing leases,
- amicable dispute resolution,
- effective defense in court when litigation becomes unavoidable.
Objective: protect your rights and find rapid solutions to avoid escalating conflicts.
When should you call on the services of a tenancy lawyer?
It is advisable to consult a real estate lawyer at the first signs of disagreement. Early intervention can resolve the problem without going through a lengthy and costly trial.
Here are the most common situations in which we intervene:
Unpaid rent and eviction proceedings
Non-payment of rent is one of the most frequent disputes.
- Formal notice and amicable collection.
- Assisting the landlord to initiate the eviction procedure in compliance with the law.
- Defending tenants in the event of abusive or irregular eviction.
Concrete example: a landlord must respect a legal deadline of two months after service of a summons to pay before he can initiate eviction.
Security deposit disputes
The security deposit is often a source of disagreement at the end of the lease.
- Recovery of a deposit unjustly withheld by the lessor.
- Defending a landlord against excessive tenant claims.
- Verification of entry and exit inventories.
Contested work and charges
Unfinished work or misallocated expenses can trigger a dispute:
- Challenging abusive chargebacks.
- Actions to force an owner to carry out necessary work.
- Defending lessors against unjustified claims.
Failure to comply with legal obligations
- Lessor: obligation to provide decent and secure accommodation, respect for tenant’s privacy.
- Tenant: regular payment of rent and utilities, upkeep of property, no subletting without agreement.
Also read: Real Estate Law in Toulon and Litigation.
Rights and duties of the parties
Lessor’s obligations
- Provide accommodation in good condition and compliant with standards.
- Submit mandatory diagnostics.
- Carry out major repairs.
Tenant’s obligations
- Pay rent and utilities on the agreed date.
- Ensure routine maintenance of the home.
- Comply with the purpose specified in the lease.
A lawyer can verify the validity of the contract and point out the obligations of each party to avoid litigation.
Types of real estate leases: which one applies to you?
| Type of lease | Minimum duration | Main use |
|---|---|---|
| Housing lease | 3 years (private owner) | Tenant’s principal residence |
| Commercial lease | 9 years minimum | Commercial or craft activities |
| Professional lease | 6 years minimum | Liberal professions |
The choice of lease determines the rights and remedies available in the event of a dispute.
Discover our services related to commercial and professional leases.
The role of the lawyer in real estate leasing
A lawyer’s role is not limited to litigation. They also play a preventive role:
- Drafting or checking a lease to avoid abusive clauses.
- Assistance with negotiations or termination.
- Representation in court in the event of persistent conflict.
Our firm defends the interests of both landlords and tenants, always striving for a rapid and balanced solution.
Why choose our Toulon office?
- Recognized expertise in real estate law and rental disputes.
- A dual approach: preventive advice and contentious defense.
- A strategic proximity to the Toulon judicial court.
- A relationship based on trust, responsiveness and transparency.
FAQ – Real estate lawyer Toulon
When to consult a lawyer about a rental dispute?
As soon as a dispute arises, before it escalates and leads to additional costs.
How to recover an unjustly withheld security deposit
After a formal notice, your lawyer can initiate fast-track proceedings in court.
What recourse is available in the event of unpaid rent?
From notice to pay to eviction, each stage must be governed by the law to avoid any disputes.
Is a lawyer mandatory for an eviction?
No, but one is highly recommended to secure the procedure and avoid costly mistakes.
How much does it cost to hire a lawyer?
Our fees are set transparently during the initial consultation.