Insurance, jobs, inheritance: a delay can be expensive!

It’s not just Lewis Carroll’s rabbit who has to chase time. But how do you deal with these delays, your own and others’?

Can my landlord terminate my tenancy if I pay my rent late?

We are committed to that meet payment deadlines stipulated in the lease (art. 7 of the 1989 Act). In fact, repeated delays are a legitimate reason for termination, which will result in the lease not being renewed when it expires. The tenant will be notified by registered post 6 months before due date. Before arriving there, the owner generally acts in several phases: warning letter, opening letter from the bailiff, seizure by summary procedure at the district court. If we can justify his delays (late transfer of salary etc.) it is better to anticipate and try to come to an amicable agreement with him.

How do I get the painting company to finish my job?

The deadlines have largely been exceeded, it is impossible to get the workers to listen to reason… The contractor is called to order by registered letter with AR, a new deadline is set for him, and he is informed that in case of further absences – compliance the contract will be terminated according to article L114-1 of the Consumer Code and the rest of the work will not be paid to him.

My online order is more than 30 days late, what should I do?

Except in cases of force majeure (weather, strike), the site must respect the delivery time announced during the validation of the order. If not specified, the law gives it 30 days. If nothing moves, we remind him by registered letter with AR or by email, where we ask him for delivery “within a reasonable time”. No answer ? We terminate – always by registered post – the contract, and we demand full repayment of the product within a maximum of 14 days. If he does not respect this ultimatum, he is reminded that, in addition, the amount to be reimbursed will be increased in relation to the days from 10 to 50%. fevad.fr

Repeated delay at work, what do I risk?

If he has not clearly informed him about his working hours (contract, letter, endorsement, posting on the premises, etc.), an employer cannot give a warning about his tardiness to his employee. But if the schedules are clearly defined, if unjustified delays are too many, and if the employer’s reminders do not help, the latter can make a deduction from the salary, provided it is exactly proportional to the length of the delay*, ask him to work compensatory hours, warn him and even institute a dismissal procedure for serious misconduct.

* In the event of a dispute regarding the withholding of wages before the Labor Court, it will be up to the employer to demonstrate the effectiveness of the delay and its duration.

Canceled flight: How soon will I be refunded?

The refund must be made within 7 days of the cancellation. In the event of overbooking or significant delay, compensation must be paid no later than 30 days after the submission of the request. Otherwise, we send a reminder letter by registered post, we contact a user association (europe-consumers.eu) or a specialized company (weclaim.com, flycash.fr, volretarde.fr) or the tourism broker (service-public.fr).

I was robbed while my insurance premium was not up to date. Am I covered?

In the event of non-payment of premium or a fraction thereof within 10 days of the due date, cover may only be suspended 30 days after the policyholder has received official notification of this by registered letter. According to case law, it is not the payment of the premium that makes the contract valid. Unless the latter was terminated before the date of loss, we are covered.

Due to the delays in succession, the tax man is asking us for fines…

Unless the delay is attributable to the heirs (documents do not provided etc.), we send a registered letter to the notary to remind him that compliance with deadlines is one of his rights and we ask him to bear these fines. If nothing helps, if the letter remains unanswered, we contact the broker for the notary profession (broker-notary.notaires.fr), who will attempt to resolve the dispute. At the same time, the tax office is requested to release the fines with an explanation of the situation and attachment of a copy of the registered letter addressed to the notary.

Thanks to Maître Laurie Comerro, lawyer in Paris

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