PROCEDURE BEFORE THE COURT
§ 1. — The request
3. Any request or demand must be made in writing and signed by the party making it.
It must contain the following information:
(1) the name and address of the party filing it, those of the party against whom it is directed and their given names in the case of natural persons;
(2) the address of the dwelling concerned;
(3) a summary statement of the reasons in support;
(4) the conclusions sought.
Decision 92-11-23, s.3.
But the obligation to have the address of the defendant is sometimes very difficult to abide by, as with a tenant who has vacated by hasty departure. It is practically impossible to find it without incurring additional costs and procedures.
The law gives rights to rental housing owners but it limits the actions and consequences of a judgement by administrative obstacles.
If the tenant in default still lives in the building, the landlord can provide the contact information of the tenant if requested.
But if a tenant has left, or has left the dwelling ransacked, he will not have given his new contact details to the owner. The owner cannot complete this field that the request must include.
The only option for the landlord is to use the whereabouts service, for a fee of course, to try to trace the defaulting tenant.
More additional costs, more delays before being able to obtain a hearing at the Administrative Housing Tribunal (TAL). All this discourages owners from opening a file!
This address is essential because the plaintiff must notify the request according to the law because the defendant must be informed of claims against him:
“The service of giving notice can in particular be done by the bailiff, through registered mail, by hand delivery by a courier service, by a technological means and, in some cases, by public notice. Furthermore, irrespective of the method of notification used, the person acknowledging receipt of the request or admitting its reception shall be deemed to have been validly notified.”
There is a way if the defendant cannot be found at all.
“If there is no way to notify the opposing party of your claim because the latter cannot be found, you may, with the permission of the Tribunal, announce by public notice.”
But this procedure is again an additional, long and complicated obstacle after already many costs to trace the tenant.