Notice and formalities of the leave given by the owner (lessor)

When can the landlord get the property back?

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 that date. He 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.

But in some cases, the tenant is protected. When the tenant is protected, the lease is automatically renewed at the end of the lease.

Who should the owner send the leave letter to?

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 should the owner send the leave letter?

The letter of leave from the owner 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 return of email 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.

For this, before sending the ELA, you must send an email to the individual recipient with the following information:

• You ask her for her consent to send her an ELA,
• You tell him that he has 15 days to accept or refuse this proposal.

What is the notice period?

The leave issued 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 the end of the lease.

If the letter of leave reaches 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 when the tenant will have it:

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 expiry date is May 31, then the tenant must have the leave letter 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 tenant is protected, the lease is automatically renewed at the end of the lease.

For the tenant to be protected, the tenant and the landlord must each be in a particular situation.

There are 3 scenarios, depending on the tenant's situation:

How to dispute the leave given by the owner?

Leave may be contested by the tenant.

It may in particular be so for at least 1 of the following:

• 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 owner issued a leave of absence 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:

1. Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as accurately as possible.
2. 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 civil ombudsman)(paid). Be careful, if the dispute is about €5,000 or at least, this is mandatory so that it can then go to the judge, if necessary.
3. If the disagreement persists, the tenant may seize the protection litigation judge of the court where the dwelling 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 which cases can the owner give leave for rework?

Repeat leave is only possible in the following cases:

On what date can the owner 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 that date. He 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.

But in some cases, the tenant is protected. When the tenant is protected, the lease is automatically renewed at the end of the lease.

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 takeover
• The relationship between the owner and the beneficiary of the takeover
• An indication justifying the real and serious nature of the recovery.

Who should the owner send the leave letter to?

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 should the owner send the leave letter?

The letter of leave from the owner 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 return of email 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.

For this, before sending the ELA, you must send an email to the individual recipient with the following information:

• You ask her for her consent to send her an ELA,
• You tell him that he has 15 days to accept or refuse this proposal.

What is the notice period?

The leave issued 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 the end of the lease.

If the letter of leave reaches 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 when the tenant will have it:

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 expiry date is May 31, then the tenant must have the leave letter 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 tenant is protected, the lease is automatically renewed at the end of the lease.

For the tenant to be protected, the tenant and the landlord must each be in a particular situation.

There are 3 scenarios, depending on the tenant's situation:

How to dispute 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 two 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 fraudulent take-back leave.
  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:

1. Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as accurately as possible.
2. 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 civil ombudsman)(paid). Be careful, if the dispute is about €5,000 or at least, this is mandatory so that it can then go to the judge, if necessary.
3. If the disagreement persists, the tenant may seize the protection litigation judge of the court where the dwelling 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.

When can the landlord get the property back?

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 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 landlord must send the tenant a letter of leave indicating the reason for not renewing the lease.

Who should the owner send the leave letter to?

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 should the owner send the leave letter?

The letter of leave from the owner 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 return of email 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.

For this, before sending the ELA, you must send an email to the individual recipient with the following information:

• You ask her for her consent to send her an ELA,
• You tell him that he has 15 days to accept or refuse this proposal.

What is the notice period?

The leave issued 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 the end of the lease.

If the letter of leave reaches 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 when the tenant will have it:

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 expiry date is May 31, then the tenant must have the leave letter 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.

How to dispute the leave given by the owner?

To contest the leave, the tenant must follow the following steps:

1. Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as accurately as possible.
2. 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 civil ombudsman)(paid). Be careful, if the dispute is about €5,000 or at least, this is mandatory so that it can then go to the judge, if necessary.
3. If the disagreement persists, the tenant may seize the protection litigation judge of the court where the dwelling 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.

Beneficiary of the recovery

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 €33,606.30 (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:

Dispute leave

To challenge the leave, the occupant must follow the following steps:

1. Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as accurately as possible.
2. 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 civil ombudsman) (paid). Be careful, if the dispute is about €5,000 or at least, this is mandatory so that it can then go to the judge, if necessary.
3. If the disagreement persists, the tenant may seize the protection litigation judge of the court where the dwelling 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.

Work concerned

The landlord can take over the dwelling when he wants to do some work.

This may include:

• Demolition of the building to build another 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 grounds 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 owner must offer the occupant a rehousing 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 municipality is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same municipality or another municipality divided into cantons.
• In other cases, the new dwelling must be within a radius of 5 km.

If the rehousing 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 letter of leave 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 1^er September 1948.

The owner must give notice 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 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.

Dispute leave

To challenge the leave, the occupant must follow the following steps:

1. Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as accurately as possible.
2. 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 civil ombudsman) (paid). Be careful, if the dispute is about €5,000 or at least, this is mandatory so that it can then go to the judge, if necessary.
3. If the disagreement persists, the tenant may seize the protection litigation judge of the court where the dwelling 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.