In Marseille, the owner of a dismantled second home is being fired by the courts

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Since July last year, a family of four has inhabited Robert Deledda’s second home, located in Marseille (Bouches-du-Rhône). If the owner took legal action, it had recently failed. Marseillais intends to appeal.

For four months now, Robert Deledda’s second home, based in Marseille (Bouches-du-Rhône), has been squashed by a family of four. Impossible for him to return to his home: The lock has been replaced by the current occupants of the house. The latter can not be dispelled either: Robert Deledda did not discover the occupation of his second home more than 48 hours after the family moved in.

According to France blue, Marseillais decided to appeal to a law enforcement officer before filing a complaint for home invasion. Then a first meeting is arranged with the residents of the place, a family of Algerian origin. During this interview, the owner of the home claims to have seen sheep attached to the radiator.

No “sufficient evidence”

Robert Deledda then wants to prove that he is the owner of the home: he then sends photographs of the lock to the home. But justice decides to dismiss the owner, “due to lack of sufficient evidence”. “I do not have to comment on the judgment by saying which side it was on, but in any case it did not help the owner find his property,” said Maître Franck Chamla, Robert’s lawyer Deledda.

The Marseille owner announced that he would appeal this ruling and that if the appellate court does not find him right, he will start a hunger strike in front of his home.

What does the law mean?

At the end of 2020, housing legislation changed. There is now an accelerated eviction procedure for both main residences and secondary residences: this is partly due to the amendment of Article 38 of Act No. 2007-90 of 5 March 2007, which establishes the right to housing. law).

“By entry and maintenance in the home of others, whether it is their principal residence or not, by means of maneuvers, threats, assault or coercion, the person whose residence is thus inhabited or anyone acting in the interest and on behalf of the latter may request the prefect to notify the resident to leave the premises, after filing a complaint, prove that the dwelling constitutes his residence and have the illegal occupation noted by a judicial police officer, ”the law explains.

In fairness, Robert Deledda did not bring “enough evidence of the violation of the home”, the owner explains at the microphone of BFMTV.

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