The tenant's letter of leave must be submitted before the notice period begins

The letter of leave sent by a tenant on April 17, 2015 for an end of the lease on July 31, 2015 returned to him with the mention “wise and unclaimed letter”. The landlords are demanding payment of the August rent.

On appeal, the Court of Appeal dismissed their application. She considers that the leave was regularly granted by 31 July, even though the registered letter with a request for notice of receipt was not given to the owners.

The latter are appealing to the Court of Cassation.

The Court of Cassation quashes the judgment of the Court of Appeal. It points out that, under the Law of 6 July 1989, the period of notice applicable to leave runs from the day of receipt of the registered letter, service of the bailiff’s document or delivery by hand. The date of receipt of a notification made by registered letter with a request for notice of receipt is that which is affixed by the Post Office when the letter is delivered to its addressee. However, the letter had come back with the words “unclaimed and prudent mail”, so it was not received by the owners. Lease leave was therefore not regularly granted.