Relocating tenants over 65 years of age nearby is a constitutional obligation

The landlord who issues a leave to his protected tenant must present him with an offer of relocation nearby, corresponding to his personal, family and professional needs and his possibilities (surface, equipment, rent amount...). The relocation must take place in the same district, canton, commune or in a neighboring commune within a radius of 5 kilometers (law n°89-462 of 6 July 1989).

The 3^e Civil Chamber of the Court of Cassation referred to the Constitutional Council a priority question of constitutionality (QPC). For the applicants, the obligation on the owners to make an offer of nearby relocation to the protected tenant constitutes a disproportionate infringement of the right to property.

According to the Constitutional Council, the proximity provisions for rehousing do not disproportionately undermine the right to property compared to the objective of constitutional value that is the possibility for everyone to have decent housing. Moreover, the Constitutional Council has held that the difficulty of submitting an offer of relocation in a tense area does not make it possible to strike the provisions of Article 15 of the Law of 6 July 1989 as unconstitutional. Finally, he reminds us that the owner can always sell his property or collect rent. It may also, in the event of the tenant’s failure to fulfill his obligations, summon him to terminate the lease and to evict him