The housing crisis manifests in different ways, impacting both the property market and tenants with limited incomes. Market stagnation, triggered by high interest rates, is reducing property transactions. Simultaneously, individuals with lower incomes face challenges in securing new homes, especially when facing time constraints, as illustrated by the Mariotti family.
After enduring lengthy procedures, numerous flat viewings, and a legal battle, the Mariotti couple finally received an eviction notice on 20 October, marking the apex of a distressing situation.
The predicament originated from the termination of their tenancy agreement, not an entirely uncommon occurrence. In fact, Manuel Mariotti empathises with the owner's need for personal use after residing in the flat for over a decade, the last five years with his wife. However, complications arose when they started their search for a new residence more than a year ago, partly due to the fact that the studio in a Luxembourg City neighbourhood had become too small for their family.
The Mariotti family, reliant on social inclusion income (REVIS), faces restrictions preventing them from seeking more affordable housing across the border. Despite exploring various options together with their social worker, such as social housing enquiries and seeking assistance from the Ministry of Housing's rent guarantee, the family now faces eviction, a scenario they never anticipated.
Eviction: The last resort
In extreme cases, Luxembourg actually allows for tenants to be evicted from their flats in November. Unlike in France, lawyer Georges Krieger explains, where there is a ban on evictions during the winter months. The lawyer specialises in property law and notes that in his experience, only a small percentage of cases, about four or five in 100, reaches the point where bailiffs enforce eviction.
For families like the Mariottis, caught between an owner reclaiming the property and limited alternatives, eviction becomes a dire outcome. Low-income tenants struggle in a competitive private market, aggravated by the scarcity of social and affordable housing in the public sector. Unfortunately, this plight is not unique to the Mariotti family, as confirmed by Sandy Lopes, head of the social office in Luxembourg City.
Lopes expresses frustration over the limitations faced by her team in providing long-term solutions. While the social office can assist with procedures and emergency shelter for a night, the staff's hands are tied when it comes to long-term solutions. "We've already had people come to our office with suitcases and ask where they should sleep that night. (…) But we don't have any flats to offer either," Lopes says.
The intense competition on the private market makes the situation very difficult for people with low incomes. Manuel Mariotti reflects on the family's futile attempts to secure affordable housing with the added challenge of not having a permanent employment contract. It should be noted in this context that Manuel Mariotti has been physically unable to work since 2010 due to a disability. The couple's preference for single-bedroom flats due to budget constraints also faced rejection, as landlords disapproved of their small family with a child and another on the way.
On Tuesday, the couple and their little girl were forced to leave their flat for good. It was a "really bad" moment, Mariotti says over the phone. The family has now been accommodated in a room at a community centre in Luxembourg City. They do not know for how long.
Insights from legal and social perspectives on tenant challenges
Each case is different, with legal distinctions between tenants facing eviction for various reasons.
Lawyer Georges Krieger sheds light on these differences, stating, "If the tenant doesn't adhere to proper behaviour – situations where the property management contacts the owner numerous times due to issues like police interventions – the owner can initiate eviction without prior notice." In contrast, claiming personal use requires waiting until the end of the contract, which must be respected for the full duration, Krieger explains. The lawyer stresses that the six-month notice period is crucial and applies regardless of what is written in the contract.
In addressing the broader issue of tenant displacement, Sandy Lopes outlines the support available.
She says, "When a person faces eviction, our social workers explain the procedures and explore ways to assist them. For those without legal representation and inadequate income, legal counsel is provided. We ensure people are registered for social housing and strongly encourage exploring options in the private market."
Considering that many of their clients have very modest incomes, the social office also assesses eligibility for state assistance, such as the Ministry of Housing's rent guarantee. In addition, the social office may offer financial aid in the form of repayable or non-repayable emergency payments, facilitating swift action in the rapidly evolving housing market, Lopes explains.
Full report by RTL Télé (in Luxembourgish)
