“We will not let go!”: these Var camp residents who are threatened with eviction have won their first legal battle

"We will not let go!": these Var camp residents who are threatened with eviction have won their first legal battle

Jean-Luc Guyard bites his nails nervously. The tension is palpable in the small Light Leisure Lodging (HLL), planted deep in the soil of the RCN Domaine de la Noguière campsite, at the exit from Le Muy.

Geneviève Gachet, Jean-Luc’s neighbor, quickly opens her laptop. It shows the drawn but determined face of Valérie Dubyk. They are all three tenants in the camp.

This year they refused to sign a lease extension”not sitting” plots. “We have lived here for seven years and have to leave every January and Februarycontextualized by Valérie Dubyk. However, finding accommodation is still very difficult and expensive, especially during the holiday season, when everything is already booked.”, she rushes, adding that they have to pay the rent of the plot of 360 euros, even when they are not on site. According to them, the only solution: get a contract for one year, that is, sit.

“If I lose my house, where will I go?”

Categorical rejection by the camp, which nevertheless headed in their direction in December 2021.”They agreed to let us sign the seating agreement, but later, claiming they made a mistake, backed out!”, says Geneviève Guachet, still offended by such a reversal. And the negotiations bogged down due to the impossibility of finding an amicable agreement.

In the absence of a signed contract, therefore without rights or ownership, RCN du Muy (Contacted, Daniel Gerlach, manager of the RCN Domaine de la Noguière camp since 2021, did not want to comment on this topic, preferring to wait for the rest of the procedure, in January., editor’s note) ended with an attack on the inhabitants in a summary procedure before the judicial court in Draguignan.

They are adamant, for fear that a snowball will fall, and other inhabitants will in turn want to be inhabited.”thinks Geneviève Guachet, who regrets leaving “fight” by two of his neighbors, in fear of losing their property.

For his part, Jean-Luc Guyard is still holding on, even if he too admits to being very anxious, to the point where he has trouble sleeping at night. “If I lose my house, I don’t know what I’ll do or where I’ll go.”

Denied camp

But, for now, no imminent eviction is on the horizon. Three neighbors should be able to breathe, at least until 2023.

“Court Draguignan ruled in our favor”, announces Valérie Dubyk, with a hint of relief in her voice. The interim order, issued on October 5 by the president of the session, Nathalie Fevre, removes and orders Domaine de la Noguière to pay the sum of 1,000 euros to each of them. Judging that “stay put [des résidents] does not constitute a manifestly unlawful disorder which empowers judges in chambers to order their exclusion”.

After this news, however, the atmosphere remains gloomy. “We won the battle but not the war”, laments Geneviève. The case will continue in January at the initiative of lawyer David Verany – who defends the residents – this time before the judge of the litigation for the protection of Fréjus. “We will attack on the merits, with the aim of obtaining a secure contract for my clients”he explains.

But the residents are not fooled. “It’s entirely possible we end up losing everything, I’d say it’s 50/50 right now. We live with the sword of Damocles hanging over our heads.” Stress that makes them redouble their courage.

Moreover, at the end of the video conference, Valérie Dubyk exclaims: “We won’t let it go, we won’t give up!”

What does the law say?

Before 2015, the use of light leisure accommodation (HLL) had to be intermittent, with a year-round ban.

But since the Alur law in 2015, it is possible to reclassify it as a main residence, considering it a “light and mobile residence”.

In this case, the residence can be legally used as a residence for people who stay there for more than eight months a year. This is the case with three residents of the RCN camp, who stay there for ten months every year.

Real main residence in the sense of legal texts

It is on this point that the resident’s lawyer, Me David Verany, wants to counterattack in January. Because according to the law of July 6, 1989 on the relationship between landlords and tenants, a tenant who uses the property for more than 8 months as his main residence must be offered a lease agreement for more than six years.

“However, the contracts signed by our customers until then were for a period of ten months, and we justify that it was their real main residence (which the opposite party disputes).”says the lawyer.

In order to facilitate the procedure, Me David Verany hopes that these flats can no longer be considered as HLL, but as “property”, like any house.

Because, with accompanying photos, they would become “real dwellings, not only incapable of transport, but their transport would result in their complete destruction”.

Continuation of the case in January.

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