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Notice and formalities of the leave given by the owner (landlord)
Verified 01 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
The landlord can give the tenant leave (notice) provided certain rules are followed. These rules depend on the residential lease signed.
What applies to you ?
Empty housing
In general, the landlord can only give the tenant leave (notice) for the due date of the lease. And the landlord can only do this to sell the dwelling, or to take it back (to live in it or to house a relative), or for a reason legitimate and serious (in particular in the event of fault on the part of the tenant):
Warning
The lease of a accommodation with an agreement Anah and the lease of a social housing are subject to specific rules.
The landlord can give the tenant leave to sell the dwelling without a tenant.
Leave to sell is an offer to sell to the tenant. The tenant can be a buyer of the property and benefits from right of pre-emptionunder certain conditions. The offer to sell is valid for the first 2 months of notice.
FYI
But the owner can sell the property while the tenant occupies it, without informing him and without giving him leave.
Who can give leave?
Leave may be given by the owner:
- natural person
- or legal person. In this case, the person signing the leave must be duly authorized.
FYI
If the leave is issued by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name or company name of the owner.
On what date can the landlord recover the property?
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The landlord bought the unoccupied property
The landlord must give the tenant leave to vacate the premises no later than due date of the lease.
The tenant must leave the premises and return the keys to the owner by this date. He can leave the accommodation whenever he wants during the period of notice. But he must pay the rent and charges until the date of delivery of the keys to the owner.
The new owner bought the apartment already occupied by a tenant
The maturity of the current lease comes less than 3 years after purchase
The date of purchase is the day of signature of the authentic instrument.
The landlord may give the tenant leave to vacate the premises no later than due date of 1er renewal or 1re renewal of the current lease.
Example :
If the owner bought the property on 1er march 2025 and that the lease expiry date is may 31, 2027, he can give the tenant leave to vacate the premises no later than the expiry date of the 1re renewal which takes place on 31 May 2030.
The maturity of the current lease comes more than 3 years after purchase
The date of purchase is the day of signature of the authentic instrument.
The landlord may give the tenant leave to vacate the premises no later than due date of the lease.
What should the leave letter indicate?
The landlord must give the tenant leave by means of a leave letter.
The leave letter must include the following:
- Reason for leave (to sell)
- Prices and conditions of sale of the rented accommodation and its possible rented annexes (parking...)
- Precise description of the dwelling and any rented annexes (but it is not mandatory to indicate the area of the dwelling)
- Statement of the first 5 paragraphs of II of Article 15 of the Law of 6 July 1989, which shall indicate the terms of the offer to sell to the tenant.
FYI
The leave letter must be accompanied by the information notice relating to the obligations of the lessor and the remedies and compensation of the lessee.
To whom should the leave letter be addressed?
The landlord must send the letter of leave to all the signatories of the lease.
Special cases:
- If only 1 of the spouses is a signatory of the lease, but the owner has been informed of the marriage, then the owner must send the letter of leave to the 2 spouses.
- If only 1 of the partners of Civil partnerships: titleContent has signed the lease, but the 2 partners have jointly requested that the name of each be included in the lease, then the owner must send the leave letter to the 2 Civil partnership partners.
How do I send the leave letter?
The letter of leave must reach the tenant:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of judicial officer)
- Either by hand delivery against signing or signed receipt
You can not give your notice (or your leave) by a simple email. A notice given in this way is not valid, even if it is accepted by email return by its recipient.
But you can give your notice (or your leave) by a electronic registered letter (ERL). Notice given in this way is valid, provided that, if the recipient is an individual, he has previously accepted this method of sending.
What is the notice period?
In order for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date of the lease (or 1er renewal or renewal of the lease, in some cases).
If the letter of leave arrives to the tenant late, the leave is not valid.
Depending on how the landlord sends the letter of leave, it is more or less easy to predict the day the tenant will have it:
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Sending of the letter of leave by registered mail with acknowledgement of receipt
The notice period starts on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail was not delivered to the tenant who was absent and it was returned to the landlord, the notice period cannot begin. The same applies if the tenant does not pick up the mail left at his disposal at the post office.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to resort to a commissioner of justice, if necessary.
Indeed, if the leave is given early well before the 6-month deadline, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If the due date of the lease is September 20, but when the tenant receives the letter of leave on March 3, the leave is valid, but the notice period does not begin until March 20 and the leave will take effect on September 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
The Commissioner of Justice invoices its intervention to the owner.
Hand delivered leave letter against receipt or deposit
The notice period begins on the day the landlord hands over the letter of leave to the tenant, against receipt or deposit.
How to calculate the notice period?
For the leave to be valid, the tenant must receive the letter of leave at least 6 months before the due date of the lease (or 1er renewal or 1re renewal of the lease, in some cases). For example, if the lease expires on September 20, then the tenant must have the leave letter by March 20.
When the numbers are not the same, it is the last day of the month. If the lease expires on August 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of a leap year).
Public holidays and weekends are included in this calculation. If the notice period ends on a Sunday, it ends that day and not the previous Friday or the following Monday.
When leave is given early well before the 6-month deadline, it is still valid, but it shall take effect on the date on which it should have been given. For example, if the lease expires on September 20, but the tenant receives the letter of leave on March 3, the leave is valid, but the notice period does not begin until March 20 and the leave will take effect on September 20.
What is a protected tenant?
When the landlord wants to give leave, it is possible that the tenant is protected, depending on their respective situation:
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Tenant under 65 years of age on the lease maturity date
The tenant is protected if all of the following conditions are met:
- He has a dependent who is over 65 years of age at the due date of the lease
- And the total income of the residents of the tenant's dwelling is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
When all these conditions are met, the lease is renewed automatically, unless the owner is in at least 1 of the following situations:
- He is over 65 years old at the due date of the lease
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- It offers the tenant, during the period of notice, a relocation solution located near the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the dwelling of the tenant when it fills at least 1 of the following conditions :
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Tenant over 65 years of age on the lease maturity date
The tenant is protected if his income is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 single person | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
When this income condition is met, the lease is automatically renewed, unless the owner is in at least 1 of the following situations :
- He is over 65 years old at the due date of the lease
- His income (on the date the tenant takes possession of the leave letter) is less than these same amounts
- It offers the tenant, during the period of notice, a relocation solution located near the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it meets one of the following conditions:
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Tenant receiving parental attendance allowance
The tenant is protected and the lease is automatically renewed if all of the following conditions are met:
- The tenant receives a parental presence allowance (at the due date of the lease)
- The income of this tenant is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
- The owner does not offer to the tenant, during the notice period, a relocation solution located close to the tenant's dwelling and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it meets one of the following conditions:
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
What is the tenant's right of first refusal?
The leave to sell is an offer to sell to the tenant. The tenant can purchase the property.
Tenant's right of pre-emption
The tenant benefits from a right of pre-emption. It has priority over other buyers to buy the housing.
If there are several tenants, each has a right of pre-emption.
But the tenant's right of first refusal does not apply when a next of kin up to and including 3rd degree of the owner buys the dwelling, to live in it (as a principal residence) for at least 2 years after the end of the notice.
FYI
The tenant who exercises his right of pre-emption when selling his property does not have to pay a real estate agency commission.
Acceptance of the offer to sell
The offer to sell to the tenant is valid for the first 2 months of notice.
To accept the offer for sale, the tenant must take the following steps:
- Inform the owner by registered letter with acknowledgement of receipt, at the latest within the first 2 months of the legal notice of the owner
- Indicate whether he will apply for a mortgage, if so.
If the tenant accepts the offer to sell the property within the set time limit, any promise to sell signed between the owner and another buyer is canceled.
Example :
The lease expires on September 20.
For the owner's leave to sell to be valid, the tenant must be aware of it by March 20.
The leave takes effect on 20 September.
The offer to sell to the tenant is valid until May 20. The tenant has until May 20 to inform the landlord of his decision to buy the property.
If the tenant becomes aware of the leave as of March 5:
- The leave takes effect on September 20
- The offer to sell to the tenant is valid until May 20. The tenant has until May 20 to inform the landlord of his decision to buy the property.
From the date of sending his response to the owner, the tenant has 2 months to sign the deed of sale.
If the tenant asks a home loan, the time limit for signing the deed of sale shall be Four months.
The period of notice is extended until the end of the period of realization of the sale.
Refusal of offer to sell
The offer of sale is refused by the tenant in the following cases:
- The tenant sends a refusal to the owner
- The tenant does not respond to the landlord within the first 2 months of notice
- The tenant issues a counter-proposal that the landlord refuses
Consequently, the tenant must leave the premises no later than the last day of the notice. However, he can leave the premises whenever he wants during the period of notice, he is then obliged to pay the rent and charges only until the date of delivery of the keys to the owner.
How to challenge the leave?
The tenant can challenge the leave, whether or not it is still in the dwelling.
In particular, he may challenge the leave for at least 1 of the following reasons:
- The leave letter does not contain at least 1 of the mandatory information. For example, the reason for the leave is not indicated.
- The leave was not issued by the owner or his representative (real estate agent)
- The leave letter was not sent to all tenants (for example: the leave was sent to only 1 of the 2 spouses)
- The leave letter was sent by letter
- The notice period is less than 6 months
- The leave was issued to a protected tenant
- The landlord did not inform the tenant of his offer to sell on terms or at a more advantageous price
- The landlord issued a leave to sell fraudulently. This is the case, for example, when the owner sets a very high selling price in order to discourage any buyer. In this case, the owner incurs a criminal fine of €6,000 maximum (€30,000 maximum if it is a legal person). He may also be ordered to pay damages and interest to the tenant.
To contest the leave, the tenant must follow the following steps:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- If no agreement is reached with this letter, the tenant can initiate a conciliation by appealing to the departmental conciliation commission (free), or to one conciliator of justice (free), or a civil ombudsman)(paid). Caution, if the dispute is about €5,000 or at least, this is mandatory so that the judge can then be seized, if necessary.
- If the disagreement persists, the tenant may seize the protection litigation judge the court where the accommodation is located. The tenant must be able to prove that the leave is fraudulent. During the hearing, it is not mandatory to be assisted by a lawyer.
In what cases can the owner give leave for resumption?
Giving leave for return to the tenant is only possible in certain cases:
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The owner is a natural person
The landlord may give the tenant leave to make the dwelling his principal residence, or for one of his relatives to make it his principal residence.
The relative may be one of the following:
- Her husband
- Cohabiting partner for at least 1 year at the date of leave
- His partner of Civil partnerships: titleContent (Civil partnerships recorded at the date of leave)
- His ascendants
- His descendants or those of her spouse, common-law partner or Civil partnerships: titleContent.
The owner is a family SCI
The Real Estate Civil business (SCI) formed exclusively between parents and allies until 4th degree included may give the tenant leave to make one of the partners his principal residence.
The housing is in undivided with usufruct
The usufructuary of the dwelling may give the tenant leave to make the dwelling his principal residence, or that one of his relatives make it his principal residence.
The relative may be one of the following:
- Her husband
- His partner of Civil partnerships: titleContent (Civil partnerships recorded at the date of leave)
- Cohabiting partner for at least 1 year at the date of leave
- His ascendants
- His descendants or those of her husband, her Civil partnerships: titleContentor his cohabiting partner.
The dwelling is divided (without usufruct)
Any member of indivision may give the tenant leave to make the dwelling his principal residence, or that one of his relatives make it his principal residence. But it requires the prior agreement of the other members of the indivision.
The relative may be one of the following:
- Her husband
- His partner of Civil partnerships: titleContent (Civil partnerships recorded at the date of leave)
- Cohabiting partner for at least 1 year at the date of leave
- His ascendants
- His descendants or those of her husband, her Civil partnerships: titleContentor his cohabiting partner.
FYI
If the leave is issued by an intermediary (real estate agency, property administrator, etc.), the leave letter must indicate the name or company name of the owner.
When can the landlord take over the property?
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The landlord bought the unoccupied property
The landlord must give the tenant leave to release the dwelling no later than due date of the lease.
The tenant must leave the premises and return the keys to the owner by this date. He can leave the accommodation whenever he wants during the period of notice. But he must pay the rent and charges until the date of delivery of the keys to the owner.
The new owner bought the apartment already occupied by a tenant
The maturity date of the current lease is less than 2 years after purchase
The date of purchase is the day of signature of the authentic instrument.
The landlord can give the tenant leave for the due date of the current lease, but the leave will only apply 2 years after the date of purchase.
The tenant must leave the premises and return the keys to the owner no later than 2 years after the purchase of the property by the owner.
Example :
If the owner bought the property on 1er March 2022 and the lease expiry date is May 31, 2023, he can give the tenant leave for May 31, 2023, but the leave can only apply 2 years after the date of purchase. The tenant will therefore have until 1er March 2024 to leave the premises and return the keys to the owner.
The maturity date of the current lease comes more than 2 years after the purchase
The date of purchase is the day of signature of the authentic instrument.
The landlord may give the tenant leave to vacate the premises no later than due date of the lease.
The tenant can leave the accommodation at any time during the period of notice. But he must pay the rent and charges until the date of delivery of the keys to the owner.
What should the leave letter indicate?
The letter of leave addressed to the tenant must specify:
- The reason for the leave (taking back the accommodation to live in it or to house one of its relatives)
- The name and address of the beneficiary of the trade-in
- The relationship between the owner and the beneficiary of the takeover
- An indication justifying the real and serious nature of the recovery.
FYI
The leave letter must be accompanied by the information notice relating to the obligations of the lessor and the remedies and compensation of the lessee.
To whom should the leave letter be addressed?
The landlord must send the letter of leave to all the signatories of the lease.
Special cases:
- If only 1 of the spouses is a signatory of the lease, but the owner has been informed of the marriage, then the owner must send the letter of leave to the 2 spouses.
- If only 1 of the partners of Civil partnerships: titleContent has signed the lease, but the 2 partners have jointly requested that the name of each be included in the lease, then the owner must send the leave letter to the 2 Civil partnership partners.
How do I send the leave letter?
The letter of leave must reach the tenant:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of judicial officer)
- Either by hand delivery against signing or signed receipt
You can not give your notice (or your leave) by a simple email. A notice given in this way is not valid, even if it is accepted by email return by its recipient.
But you can give your notice (or your leave) by a electronic registered letter (ERL). A notice given in this way is valid, provided that, if the recipient is an individual, he has previously accepted this method of sending.
What is the notice period?
In order for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date of the lease (or 1er renewal or renewal of the lease, in some cases).
If the letter of leave arrives to the tenant late, the leave is not valid.
Depending on how the landlord sends the leave letter, it is more or less easy to predict the day the tenant will have it:
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Sending of the letter of leave by registered mail with acknowledgement of receipt
The notice period starts on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail was not delivered to the tenant who was absent and it was returned to the landlord, the notice period cannot begin. The same applies if the tenant does not pick up the mail left at his disposal at the post office.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to resort to a commissioner of justice, if necessary.
Indeed, if the leave is given early well before the 6-month deadline, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If the due date of the lease is September 20, but when the tenant receives the letter of leave on March 3, the leave is valid, but the notice period does not begin until March 20 and the leave will take effect on September 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
The Commissioner of Justice invoices its intervention to the owner.
Hand delivered leave letter against receipt or deposit
The notice period begins on the day the landlord hands over the letter of leave to the tenant, against receipt or deposit.
How to calculate the notice period?
For the leave to be valid, the tenant must receive the letter of leave at least 6 months before the due date of the lease (or 1er renewal or 1re renewal of the lease, in some cases). For example, if the lease expiry date is September 20, then the tenant must have the leave letter by March 20.
When the numbers are not the same, it is the last day of the month. If the lease expires on August 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of a leap year).
Public holidays and weekends are included in this calculation. If the notice period ends on a Sunday, it ends that day and not the previous Friday or the following Monday.
When leave is given early well before the 6-month deadline, it is still valid, but it shall take effect on the date on which it should have been given. For example, if the lease expires on September 20, but the tenant receives the letter of leave on March 3, the leave is valid, but the notice period does not begin until March 20 and the leave will take effect on September 20.
What is a protected tenant?
When the landlord wants to give leave, it is possible that the tenant is protected, depending on their respective situation:
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Tenant under 65 years of age on the lease maturity date
The tenant is protected if all of the following conditions are met:
- He has a dependent who is over 65 years of age at the due date of the lease
- And the total income of the residents of the tenant's dwelling is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
When all these conditions are met, the lease is renewed automatically, unless the owner is in at least 1 of the following situations:
- He is over 65 years old at the due date of the lease
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- It offers the tenant, during the period of notice, a relocation solution located near the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the dwelling of the tenant when it fills at least 1 of the following conditions :
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Tenant over 65 years of age on the lease maturity date
The tenant is protected if his income is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
When this income condition is met, the lease is automatically renewed, unless the owner is in at least 1 of the following situations :
- He is over 65 years old at the due date of the lease
- His income (on the date the tenant takes possession of the leave letter) is less than these same amounts
- It offers the tenant, during the period of notice, a relocation solution located near the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it meets one of the following conditions:
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Tenant receiving parental attendance allowance
The tenant is protected and the lease is automatically renewed if all of the following conditions are met:
- The tenant receives a parental presence allowance (at the due date of the lease)
- The income of this tenant is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
- The owner does not offer to the tenant, during the notice period, a relocation solution located close to the tenant's dwelling and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it meets one of the following conditions:
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
How to challenge the leave given by the owner?
Leave can be contested by the tenant, whether or not they are in the accommodation.
This may be done for at least 1 of the following reasons:
- The leave letter does not contain at least one of the mandatory information. For example, the reason for the leave is not indicated.
- The leave letter was not sent to all tenants (for example: the leave was sent to only 1 of the 2 spouses)
- The leave letter was sent by letter
- The notice period is less than 6 months
- The leave was granted to a protected tenant
- The landlord issued a leave of absence for fraudulent resumption.
This is the case, for example, when the dwelling is not occupied by the person designated in the leave, or the dwelling remains unoccupied, or it is used as a secondary residence. In this case, in this case, the owner incurs a criminal fine of €6,000 maximum (€30,000 maximum if it is a legal person). He may also be ordered to pay damages and interest to the tenant.
To contest the leave, the tenant must follow the following steps:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- If no agreement is reached with this letter, the tenant can initiate a conciliation by appealing to the departmental conciliation commission (free), or to one conciliator of justice (free), or a civil ombudsman)(paid). Caution, if the dispute is about €5,000 or at least, this is mandatory so that the judge can then be seized, if necessary.
- If the disagreement persists, the tenant may seize the protection litigation judge the court where the accommodation is located. The tenant must be able to prove that the leave is fraudulent. During the hearing, it is not mandatory to be assisted by a lawyer.
The landlord may refuse to allow the tenancy to continue and decide to give the tenant leave for legitimate and serious motive.
The reason may be attributable to:
- Either to the tenant. This is the case when the tenant does not fulfill at least 1 of his obligations. For example, if the tenant causes neighborhood nuisance, or if he pays his rent with repeated delays, or if he does not provide a certificate of home insurance
- Either to the owner. This is the case, for example, when the landlord wants to carry out major rehabilitation work on the dwelling.
But the law has not defined precisely what the motive is legitimate and serious. If the tenant challenges the leave before the judge, the landlord will have to prove the validity of the leave granted.
Who can give leave?
Leave may be given by the owner:
- natural person
- or legal person. In this case, the person signing the leave must be duly authorized.
FYI
If the leave is issued by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name or company name of the owner.
On what date can the landlord recover the property?
The landlord must give the tenant leave to vacate the premises no later than due date of the lease.
The tenant must leave the premises and return the keys to the owner at the latest at the end of the notice period. He can leave the accommodation whenever he wants during the period of notice. But he must pay the rent and charges until the date of delivery of the keys to the owner.
What should the leave letter indicate?
The landlord must send the tenant a letter of leave indicating the reason for not renewing the lease.
FYI
If the leave is issued by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his corporate name).
To whom should the leave letter be addressed?
The landlord must send the letter of leave to all the signatories of the lease.
Special cases:
- If only 1 of the spouses is a signatory of the lease, but the owner has been informed of the marriage, then the owner must send the letter of leave to the 2 spouses.
- If only 1 of the partners of Civil partnerships: titleContent has signed the lease, but the 2 partners have jointly requested that the name of each be included in the lease, then the owner must send the leave letter to the 2 Civil partnership partners.
How do I send the leave letter?
The letter of leave must reach the tenant:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of judicial officer)
- Either by hand delivery against signing or signed receipt
You can not give your notice (or your leave) by a simple email. A notice given in this way is not valid, even if it is accepted by email return by its recipient.
But you can give your notice (or your leave) by a electronic registered letter (ERL). A notice given in this way is valid, provided that, if the recipient is an individual, he has previously accepted this method of sending.
What is the notice period?
In order for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date of the lease (or 1er renewal or renewal of the lease, in some cases).
If the letter of leave arrives to the tenant late, the leave is not valid.
Depending on how the landlord sends the letter of leave, it is more or less easy to predict the day the tenant will have it:
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Sending of the letter of leave by registered mail with acknowledgement of receipt
The notice period starts on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail was not delivered to the tenant who was absent and it was returned to the landlord, the notice period cannot begin. The same applies if the tenant does not pick up the mail left at his disposal at the post office.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to resort to a commissioner of justice, if necessary.
Indeed, if the leave is given early well before the 6-month deadline, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If the due date of the lease is September 20, but when the tenant receives the letter of leave on March 3, the leave is valid, but the notice period does not begin until March 20 and the leave will take effect on September 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
The Commissioner of Justice invoices its intervention to the owner.
Hand delivered leave letter against receipt or deposit
The notice period begins on the day the landlord hands over the letter of leave to the tenant, against receipt or deposit.
How to calculate the notice period?
For the leave to be valid, the tenant must receive the letter of leave at least 6 months before the due date of the lease (or 1er renewal or 1re renewal of the lease, in some cases). For example, if the lease expires on September 20, then the tenant must have the leave letter by March 20.
When the numbers are not the same, it is the last day of the month. If the lease expires on August 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of a leap year).
Public holidays and weekends are included in this calculation. If the notice period ends on a Sunday, it ends that day and not the previous Friday or the following Monday.
When leave is given early well before the 6-month deadline, it is still valid, but it shall take effect on the date on which it should have been given. For example, if the lease expires on September 20, but the tenant receives the letter of leave on March 3, the leave is valid, but the notice period does not begin until March 20 and the leave will take effect on September 20.
What is a protected tenant?
When the owner wants to give leave for a reason attributable to him (for example, carrying out major works), the tenant can be protected if he is in at least 1 of the following situations:
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Tenant under 65 years of age on the lease maturity date
The tenant is protected if all of the following conditions are met:
- He has a dependent who is over 65 years of age at the due date of the lease
- And the total income of the residents of the tenant's dwelling is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
When all these conditions are met, the lease is renewed automatically, unless the owner is in at least 1 of the following situations:
- He is over 65 years old at the due date of the lease
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- It offers the tenant, during the period of notice, a relocation solution located near the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the dwelling of the tenant when it fills at least 1 of the following conditions :
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Tenant over 65 years of age on the lease maturity date
The tenant is protected if his income is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 single person | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
When this income condition is met, the lease is automatically renewed, unless the owner is in at least 1 of the following situations :
- He is over 65 years old at the due date of the lease
- His income (on the date the tenant takes possession of the leave letter) is less than these same amounts
- It offers the tenant, during the period of notice, a relocation solution located near the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it meets one of the following conditions:
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Tenant receiving parental attendance allowance
The tenant is protected and the lease is automatically renewed if all of the following conditions are met:
- The tenant receives a parental presence allowance (at the due date of the lease)
- The income of this tenant is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
- The owner does not offer to the tenant, during the notice period, a relocation solution located close to the tenant's dwelling and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it meets one of the following conditions:
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
How to challenge the leave given by the landlord?
To contest the leave, the tenant must follow the following steps:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- If no agreement is reached with this letter, the tenant can initiate a conciliation by appealing to the departmental conciliation commission (free), or to one conciliator of justice (free), or a civil ombudsman)(paid). Caution, if the dispute is about €5,000 or at least, this is mandatory so that the judge can then be seized, if necessary.
- If the disagreement persists, the tenant may seize the protection litigation judge the court where the accommodation is located. The tenant must be able to prove that the leave is fraudulent. During the hearing, it is not mandatory to be assisted by a lawyer.
Furnished accommodation
In general, the owner can only give leave (notice) for the due date of the lease. And the landlord can only do this to sell the dwelling, or to take it back (to live in it or to house a relative), or for a reason legitimate and serious (in particular in the event of fault on the part of the tenant):
The mobility lease is subject to specific rules.
The landlord can give the tenant leave because he wants to sell the dwelling without a tenant.
For this, the owner must:
- leave the tenant to vacate the premises at the latest at the due date of the lease
- indicate in the leave letter the reason for the leave (to sell)
If the leave is issued by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his corporate name).
FYI
The tenant does not benefit from a right of pre-emption to buy the accommodation.
On what date can the landlord recover the property?
The landlord must give the tenant leave to vacate the premises no later than due date of the lease.
The tenant must leave the premises and return the keys to the owner by this date. He can leave the accommodation whenever he wants during the period of notice. But he must pay the rent and charges until the date of delivery of the keys to the owner.
FYI
The owner can sell the property while the tenant occupies it, without informing him and without giving him leave.
To whom should the leave letter be addressed?
The landlord must send the letter of leave to all the signatories of the lease.
Special cases:
- If only 1 of the spouses is a signatory of the lease, but the owner has been informed of the marriage, then the owner must send the letter of leave to the 2 spouses.
- If only 1 of the partners of Civil partnerships: titleContent has signed the lease, but the 2 partners have jointly requested that the name of each be included in the lease, then the owner must send the leave letter to the 2 Civil partnership partners.
How do I send the leave letter?
The letter of leave must reach the tenant:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of judicial officer)
- Either by hand delivery against signing or signed receipt
You can not give your notice (or your leave) by a simple email. A notice given in this way is not valid, even if it is accepted by email return by its recipient.
But you can give your notice (or your leave) by a electronic registered letter (ERL). A notice given in this way is valid, provided that, if the recipient is an individual, he has previously accepted this method of sending.
What is the notice period?
The leave granted by the owner may take effect only on due date of the lease.
To be valid, the leave letter must be received by the tenant at least 3 months before end of lease.
If the letter of leave arrives to the tenant late, the leave is not valid.
Depending on how the landlord sends the letter of leave, it is more or less easy to predict the day the tenant will have it:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Sending of the letter of leave by registered mail with acknowledgement of receipt
The notice period starts on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail was not delivered to the tenant who was absent and it was returned to the landlord, the notice period cannot begin. The same applies if the tenant does not pick up the mail left at his disposal at the post office.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to resort to a commissioner of justice, if necessary.
Indeed, if the leave is given early well before the 3-month deadline, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If the due date the lease is on September 20, but when the tenant receives the letter of leave on June 3, the leave is valid, but the notice period does not begin until June 20 and the leave will take effect on September 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
the commissioner of justice invoices its intervention to the owner.
Hand delivered leave letter against receipt or deposit
The notice period runs from the day on which the landlord hands over the letter of leave to the tenant, against a signed receipt or deposit.
How to calculate the notice period?
For leave to be valid, the tenant must receive the letter of leave at least 3 months before the due date of the lease. For example, if the lease expiry date is September 20, then the tenant must have the leave letter by June 20.
When the numbers are not identical, this is the last day of the month. If the lease expires on May 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of a leap year).
Public holidays and weekends are included in this calculation. If the notice period ends on a Sunday, it ends that day and not the previous Friday or the following Monday.
When leave is given early well before the 3-month deadline, it is still valid, but it shall take effect on the date on which it should have been given. For example, if the lease expires on September 20, but the tenant receives the letter of leave on June 3, the leave is valid, but the notice period does not begin until June 20 and the leave will take effect on September 20.
What is a protected tenant?
When the landlord wants to give leave, the tenant can be protected when he is in at least 1 of the following situations:
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Tenant under 65 years of age on the lease maturity date
The tenant is protected if all of the following conditions are met :
- The tenant is dependent on a person over 65 years of age at the due date of the lease
- The total income of the dwellers is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
When all these conditions are met, the lease is renewed automatically, unless the owner is in at least 1 of the following situations:
- He is over 65 (at the due date of the lease)
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- It offers the tenant, during the period of notice, a relocation solution located near the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the dwelling of the tenant when he fills one of the following conditions:
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
The tenant over 65 years of age at the date of expiry of the lease
The tenant is protected if the income of the inhabitants is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
When the tenant meets this income condition, the lease is automatically renewed, unless the owner is in at least 1 of the following situations:
- He is over 65 (at the due date of the lease)
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- It offers the tenant a relocation solution located near the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it meets one of the following conditions:
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
How to challenge the leave given by the owner?
Leave may be contested by the tenant.
It may in particular be for at least 1 of the following reasons:
- The leave letter does not contain the reason for the leave.
- The leave letter was not sent to all tenants (for example: the leave was sent to only 1 of the 2 spouses)
- The leave letter was sent by letter
- The notice period is less than 3 months
- The leave was granted to a protected tenant
- The landlord issued a leave to sell fraudulently.
This is the case, for example, when the owner had set a very high price in order to discourage any buyer. In this case, the owner incurs a criminal fine of €6,000 maximum (€30,000 maximum if it is a legal person). He may also be ordered to pay damages and interest to the tenant.
To contest the leave, the tenant must follow the following steps:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- If no agreement is reached with this letter, the tenant can initiate a conciliation by appealing to the departmental conciliation commission (free), or to one conciliator of justice (free), or a civil ombudsman)(paid). Caution, if the dispute is about €5,000 or at least, this is mandatory so that the judge can then be seized, if necessary.
- If the disagreement persists, the tenant may seize the protection litigation judge the court where the accommodation is located. The tenant must be able to prove that the leave is fraudulent. During the hearing, it is not mandatory to be assisted by a lawyer.
In what cases can the owner give leave for resumption?
Resumption leave is only possible in the following cases:
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General case
The landlord may give the tenant leave to make the dwelling his principal residence, or for one of his relatives to make it his principal residence.
The relative may be one of the following:
- Her husband
- Cohabiting partner for at least 1 year at the date of leave
- His partner of Civil partnerships: titleContent (Civil partnerships recorded at the date of leave)
- His ascendants
- His descendants or those of her spouse, common-law partner or Civil partnerships: titleContent.
The housing is in undivided with usufruct
The usufructuary of the dwelling may give the tenant leave to make the dwelling his principal residence, or that one of his relatives make it his principal residence.
The relative may be one of the following:
- Her husband
- His partner of Civil partnerships: titleContent (Civil partnerships recorded at the date of leave)
- Cohabiting partner for at least 1 year at the date of leave
- His ascendants
- His descendants or those of his husband, his partner of Civil partnerships: titleContentor his cohabiting partner.
When can the landlord take over the property?
The landlord must give the tenant leave to vacate the premises no later than due date of the lease.
The tenant must leave the premises and return the keys to the owner by this date. He can leave the accommodation whenever he wants during the period of notice. But he must pay the rent and charges until the date of delivery of the keys to the owner.
What should the leave letter indicate?
The letter of leave addressed to the tenant must specify:
- The reason for the leave (taking back the accommodation to live in it or to house one of its relatives)
- The name and address of the beneficiary of the trade-in
- The relationship between the owner and the beneficiary of the takeover
- An indication justifying the real and serious nature of the recovery.
FYI
If the leave is issued by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his corporate name).
To whom should the leave letter be addressed?
The landlord must send the letter of leave to all the signatories of the lease.
Special cases:
- If only 1 of the spouses is a signatory of the lease, but the owner has been informed of the marriage, then the owner must send the letter of leave to the 2 spouses.
- If only 1 of the partners of Civil partnerships: titleContent has signed the lease, but the 2 partners have jointly requested that the name of each be included in the lease, then the owner must send the leave letter to the 2 Civil partnership partners.
How do I send the leave letter?
The letter of leave must reach the tenant:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of judicial officer)
- Either by hand delivery against signing or signed receipt
You can not give your notice (or your leave) by a simple email. A notice given in this way is not valid, even if it is accepted by email return by its recipient.
But you can give your notice (or your leave) by a electronic registered letter (ERL). Notice given in this way is valid, provided that, if the recipient is an individual, he has previously accepted this method of sending.
What is the notice period?
The leave granted by the owner may take effect only on due date of the lease.
To be valid, the leave letter must be received by the tenant at least 3 months before end of lease.
If the letter of leave arrives to the tenant late, the leave is not valid.
Depending on the method used by the landlord to send the letter of leave, it is more or less easy to predict the day on which the tenant will have it:
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Sending of the letter of leave by registered mail with acknowledgement of receipt
The notice period starts on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail was not delivered to the tenant who was absent and it was returned to the landlord, the notice period cannot begin. The same applies if the tenant does not pick up the mail left at his disposal at the post office.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to resort to a commissioner of justice, if necessary.
Indeed, if the leave is given early well before the 3-month deadline, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If the due date the lease is on September 20, but when the tenant receives the letter of leave on June 3, the leave is valid, but the notice period does not begin until June 20 and the leave will take effect on September 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
the commissioner of justice invoices its intervention to the owner.
Hand delivered leave letter against receipt or deposit
The notice period runs from the day on which the landlord hands over the letter of leave to the tenant, against a signed receipt or deposit.
How to calculate the notice period?
For leave to be valid, the tenant must receive the letter of leave at least 3 months before the due date of the lease. For example, if the lease expiry date is September 20, then the tenant must have the leave letter by June 20.
When the numbers are not identical, this is the last day of the month. If the lease expires on May 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of a leap year).
Public holidays and weekends are included in this calculation. If the notice period ends on a Sunday, it ends that day and not the previous Friday or the following Monday.
When leave is given early well before the 3-month deadline, it is still valid, but it shall take effect on the date on which it should have been given. For example, if the lease expires on September 20, but the tenant receives the letter of leave on June 3, the leave is valid, but the notice period does not begin until June 20 and the leave will take effect on September 20.
What is a protected tenant?
When the landlord wants to give leave, the tenant can be protected when he is in at least 1 of the following situations:
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Tenant under 65 years of age on the lease maturity date
The tenant is protected if all of the following conditions are met :
- The tenant is dependent on a person over 65 years of age at the due date of the lease
- The total income of the dwellers is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
When all these conditions are met, the lease is renewed automatically, unless the owner is in at least 1 of the following situations:
- He is over 65 (at the due date of the lease)
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- It offers the tenant, during the period of notice, a relocation solution located near the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the dwelling of the tenant when he fills one of the following conditions:
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
The tenant over 65 years of age at the date of expiry of the lease
The tenant is protected if the income of the inhabitants is less than certain amounts. This is the income received during the 12 months preceding the notification leave to the tenant.
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
When the tenant meets this income condition, the lease is automatically renewed, unless the owner is in at least 1 of the following situations:
- He is over 65 (at the due date of the lease)
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- It offers the tenant a relocation solution located near the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it meets one of the following conditions:
- If the municipality is divided into districts, it is located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
How to challenge the leave given by the owner?
The tenant can challenge the leave.
It can do so, in particular for at least one of the following reasons:
- The leave letter does not contain at least one of the mandatory information. For example, the reason for the leave is not indicated.
- The leave letter was not sent to all tenants (for example: the leave was sent to only one of the 2 spouses)
- The leave letter was sent by letter
- The notice period is less than 3 months
- The leave was granted to a protected tenant
- The landlord issued a leave of absence for fraudulent resumption.
This is the case, for example, when the dwelling is not occupied by the person designated in the leave, or the dwelling remains unoccupied, or it is used as a secondary residence. In this case, the owner incurs a criminal fine of €6,000 maximum (€30,000 maximum if it is a legal person). He may also be ordered to pay damages and interest to the tenant.
To contest the leave, the tenant must follow the following steps:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- If no agreement is reached with this letter, the tenant can initiate a conciliation by appealing to the departmental conciliation commission (free), or to one conciliator of justice (free), or a civil ombudsman)(paid). Caution, if the dispute is about €5,000 or at least, this is mandatory so that the judge can then be seized, if necessary.
- If the disagreement persists, the tenant may seize the protection litigation judge the court where the accommodation is located. The tenant must be able to prove that the leave is fraudulent. During the hearing, it is not mandatory to be assisted by a lawyer.
The landlord may refuse to allow the tenancy to continue and decide to give the tenant leave for legitimate and serious motive.
This is the case when the tenant does not fulfill at least 1 of his obligations. For example, if the tenant causes neighborhood nuisance, or if he pays his rent with repeated delays, or if he does not provide a certificate of home insurance.
This is also the case when the owner wants to carry out certain works. For example, major housing rehabilitation work.
But the law has not defined precisely what is meant by motive legitimate and serious. If the tenant challenges the leave before the judge, the landlord will have to prove the validity of the leave granted.
On what date can the landlord recover the property?
The landlord must give the tenant leave to vacate the premises no later than due date of the lease.
The tenant must leave the premises and return the keys to the owner at the latest at the end of the notice period. He can leave the accommodation whenever he wants during the period of notice. But he must pay the rent and charges until the date of delivery of the keys to the owner.
What should the leave letter indicate?
The landlord must send the tenant a letter of leave indicating the reason for not renewing the lease.
FYI
If the leave is issued by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his corporate name).
To whom should the leave letter be addressed?
The landlord must send the letter of leave to all the signatories of the lease.
Special cases:
- If only 1 of the spouses is a signatory of the lease, but the owner has been informed of the marriage, then the owner must send the letter of leave to the 2 spouses.
- If only 1 of the partners of Civil partnerships: titleContent has signed the lease, but the 2 partners have jointly requested that the name of each be included in the lease, then the owner must send the leave letter to the 2 Civil partnership partners.
How do I send the leave letter?
The letter of leave must reach the tenant:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of judicial officer)
- Either by hand delivery against signing or signed receipt
You can not give your notice (or your leave) by a simple email. A notice given in this way is not valid, even if it is accepted by email return by its recipient.
But you can give your notice (or your leave) by a electronic registered letter (ERL). A notice given in this way is valid, provided that, if the recipient is an individual, he has previously accepted this method of sending.
What is the notice period?
The leave granted by the owner may take effect only on due date of the lease.
To be valid, the leave letter must be received by the tenant at least 3 months before end of lease.
If the letter of leave arrives to the tenant late, the leave is not valid.
Depending on the method used by the landlord to send the letter of leave, it is more or less easy to predict the day on which the tenant will have it:
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Sending of the letter of leave by registered mail with acknowledgement of receipt
The notice period starts on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail was not delivered to the tenant who was absent and it was returned to the landlord, the notice period cannot begin. The same applies if the tenant does not pick up the mail left at his disposal at the post office.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to resort to a commissioner of justice, if necessary.
Indeed, if the leave is given early well before the 3-month deadline, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If the due date the lease is on September 20, but when the tenant receives the letter of leave on June 3, the leave is valid, but the notice period does not begin until June 20 and the leave will take effect on September 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
The Commissioner of Justice invoices its intervention to the owner.
Hand delivered leave letter against receipt or deposit
The notice period runs from the day on which the landlord hands over the letter of leave to the tenant, against a signed receipt or deposit.
How to calculate the notice period?
For leave to be valid, the tenant must receive the letter of leave at least 3 months before the due date of the lease. For example, if the lease expiry date is September 20, then the tenant must have the leave letter by June 20.
When the numbers are not identical, this is the last day of the month. If the lease expires on May 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of a leap year).
Public holidays and weekends are included in this calculation. If the notice period ends on a Sunday, it ends that day and not the previous Friday or the following Monday.
When leave is given early well before the 3-month deadline, it is still valid, but it shall take effect on the date on which it should have been given. For example, if the lease expires on September 20, but the tenant receives the letter of leave on June 3, the leave is valid, but the notice period does not begin until June 20 and the leave will take effect on September 20.
Reminder
As an exception, when the reason for the leave justifies the eviction of the tenant, the landlord may give the tenant leave to vacate the premises during the lease.
How to challenge the leave given by the owner?
To contest the leave, the tenant must follow the following steps:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- If no agreement is reached with this letter, the tenant can initiate a conciliation by appealing to the departmental conciliation commission (free), or to one conciliator of justice (free), or a civil ombudsman)(paid). Caution, if the dispute is about €5,000 or at least, this is mandatory so that the judge can then be seized, if necessary.
- If the disagreement persists, the tenant may seize the protection litigation judge the court where the accommodation is located. The tenant must be able to prove that the leave is fraudulent. During the hearing, it is not mandatory to be assisted by a lawyer.
Housing governed by the 1948 Act
The occupant of a dwelling governed by the 1948 Act has a right to remain in the premises. But this right no longer applies when the owner gives him leave (his notice) to live in the dwelling (leave for resumption) or to carry out certain works there (leave for work):
Beneficiary of the recovery
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General case
The landlord can give leave when he wants to take back the dwelling for:
- Make it its principal residence or place of professional activity
- Or that one of his relatives wants to make it his main residence or his place of professional activity.
His relatives are:
- Her husband
- His ascendants
- His descendants
- The ascendants or descendants of her husband.
Housing in undivided with usufruct
The usufructuary may grant the tenant leave for:
- Make housing its main residence or place of professional activity
- Or that one of his relatives makes it his main residence or his place of professional activity.
His relatives are:
- Her husband
- His ascendants
- His descendants
- The ascendants or descendants of her husband.
Protected Occupant
The owner may not exercise his right of return in the following case:
- The occupant is over 70 years of age and his annual income is less than €32,814.60 (i.e. 1.5 times the annual gross minimum wage)
- And the beneficiary of the takeover is under 65 years of age.
In all other cases, the right to take over applies, regardless of the age and income of the occupant.
Leave letter, notice period and offer of relocation
The owner must propose a relocation solution in line with needs and possibilities of the occupant, unless the owner has owned the dwelling to be taken over for more than 10 years (or even more than 4 years) or is deprived of the dwelling he occupies:
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General case: compulsory relocation offer
The owner must provide a compliant alternative housing solution the needs (personal, family, professional) and possibilities (income) of the occupant.
The accommodation offered can be:
- Either the dwelling occupied by the owner at the time of the takeover
- Or another dwelling belonging to him
- Or a dwelling belonging to a third party
Leave shall be granted to the occupant by act of the commissioner of justice.
The leave letter must state:
- Name and address of the owner of the proposed accommodation
- Address of the proposed accommodation
- Number of habitable rooms
- Degree of comfort
- Rent Price
- 3-month period at the end of which the landlord wants to take back the dwelling and during which the occupant can take possession of the proposed dwelling
- Identity of the beneficiary of the takeover, as well as his family situation and his profession.
The occupier may accept the proposal by giving written consent within one month. If he refuses in writing within this period or if he does not respond within this period, the owner must assign it in front of protection litigation judge to obtain the return of the accommodation and the appointment of an expert.
Exception: owner of the property for more than 4 or 10 years
The obligation to offer a relocation solution does not apply to the owner:
- Who got the accommodation (by purchase, donation, inheritance...) more than 10 years ago
- Or who obtained the dwelling (by purchase, donation, inheritance...) more than 4 years ago, on condition that he can justify to the judge that he acquired the dwelling with a view to inhabiting it.
Leave shall be granted to the occupant by act of the commissioner of justice at least 6 months in advance.
The leave letter must:
- Indicate that the right of return is exercised under Article 19 of the Law of 1er September 1948
- Specify the date and method of acquisition of the home
- Mention the name and address of the owner currently housing the beneficiary of the recovery, the location and the number of rooms of the dwelling occupied by the beneficiary.
Exception: owner evicted from the dwelling he occupies
The landlord does not have to offer a relocation solution when he is in one of the following situations:
- He is evicted from a dwelling that he rents to a landlord who exercises a right of return himself
- They are evicted from a dwelling that is subject to expropriation or a ban on living on the premises because of danger or unsanitary conditions
- He no longer benefits from the official housing that he has occupied for more than 2 consecutive years. He or she must either be admitted to retirement for any reason other than disciplinary action, or cease his or her duties for a reason beyond his or her control.
However, the beneficiary of the takeover is obliged to make available to the occupant, if possible, the dwelling which he had previously occupied (for example: dwelling of which he was a tenant or owner).
Leave shall be granted to the occupant by act of the commissioner of justice at least 6 months in advance.
The leave letter must:
- Indicate that the right to take back is exercised under Article 20 of the Law of 1er September 1948
- Specify the category the owner is in
- Indicate the method and date of acquisition of the immovable
- Provide any information that will allow the occupant to verify the merits of the application.
FYI
If the leave is issued by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his corporate name).
Dispute of leave
To challenge the leave, the occupant must follow the following steps:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- If no agreement is reached with this letter, the tenant can initiate a conciliation by appealing to the departmental conciliation commission (free), or to one conciliator of justice (free), or a civil ombudsman) (paid). Caution, if the dispute is about €5,000 or at least, this is mandatory so that the judge can then be seized, if necessary.
- If the disagreement persists, the tenant may seize the protection litigation judge the court where the accommodation is located. The tenant must be able to prove that the leave is fraudulent. During the hearing, it is not mandatory to be assisted by a lawyer.
The landlord can give the tenant leave to do some work.
To do this, the owner must send the occupant a letter of leave and propose a relocation solution.
The occupant of the premises must then leave the accommodation no later than the end of the notice period.
Work concerned
The landlord can take over the dwelling when he wants to do some work.
This may include the following:
- Demolition work on the building to build another one with a larger living area and more housing. The owner must obtain prior authorization from the Minister responsible for construction or his delegate.
- Elevation work or addition of construction to increase the living space, the number of dwellings or the comfort of the building. The owner must obtain prior authorization from the Minister responsible for construction or his delegate.
- Construction of residential buildings on courtyards, gardens or bare land or as accessories to a dwelling. The new construction must not make it impossible to use the existing premises. The work must begin within 3 months after the departure of the last occupant of the building.
Relocation Solution
The landlord must offer the occupant a relocation solution that meets personal (and professional if necessary) needs and his possibilities (income). The dwelling must also be located:
- If the municipality is divided into districts, the new dwelling must be located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, the new dwelling must be within a radius of 5 km.
If the relocation solution proposed by the owner does not comply with these characteristics, the occupant is entitled, after the end of the work, to reintegrate 1 of the dwellings of the building and to remain there under the same conditions as before.
For this, as soon as the work is completed, the owner must:
- Give notice to the occupant to let him know if he wants to return to the building.
This formal notice must be given by registered letter with acknowledgement of receipt or by act of the commissioner of justice. - Inform the occupant that he must reply within one month, by registered letter with acknowledgement of receipt or by act of the commissioner of justice.
Leave letter and notice period
The leave letter must reach the occupant by act of the commissioner of justice.
It must indicate the reason for the leave and contain the text of Article 13 and Article 13a of law n°48-360 of 1er September 1948.
The owner must give notice of 6 months to each of the occupants to empty the premises.
The occupant must leave the premises and return the keys to the owner no later than the end of the notice period. He can leave the accommodation whenever he wants during the period of notice. But he must pay the rent and charges until the date of delivery of the keys to the owner.
FYI
If the leave is issued by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his corporate name).
Dispute of leave
To challenge the leave, the occupant must follow the following steps:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- If no agreement is reached with this letter, the tenant can initiate a conciliation by appealing to the departmental conciliation commission (free), or to one conciliator of justice (free), or a civil ombudsman) (paid). Caution, if the dispute is about €5,000 or at least, this is mandatory so that the judge can then be seized, if necessary.
- If the disagreement persists, the tenant may seize the protection litigation judge the court where the accommodation is located. The tenant must be able to prove that the leave is fraudulent. During the hearing, it is not mandatory to be assisted by a lawyer.
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For more information
For more information on this subject, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
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- Service free
The informants who answer you belong to the ministry in charge of housing and city planning.
For more information
Departmental Agency for Housing Information (Adil)
Empty housing: information notice in case of leave to sell or live
Furnished accommodation (lease signed since March 27, 2014)
Accommodation "1948 Act": leave for work (Articles 11 to 15), leave for take-over (Articles 18 to 25)