Rental

Protected tenant: what period of time should be taken into account for the calculation of resources?

Publié le 12 décembre 2024 - Directorate for Legal and Administrative Information (Prime Minister)

A civil real estate business, owner of a house occupied by Christine, grants him leave for a legitimate and serious reason. Christine stays in the room. The SCI attacked her in court to have her leave validated and to request her deportation. Does she have the right?

Christine is protected tenant : she is over 65 years old and has modest resources.

She wondered whether she had to leave her home, and wondered how long she should take into account when calculating her annual income: her reference tax income or her income for the last 12 months?

Service-Public.fr replies:

The Law of 6 July 1989 (Article 15) provides that an owner may not object to the renewal of the lease if the following conditions are met:

  • the tenant is over 65 years of age;
  • its annual resources are below the current ceiling for the allocation of social housing;
  • he is not offered housing that meets his needs and opportunities.

In a judgment of 24 October 2024, in a similar case, the Cour de cassation stated that the resources to be taken into account in calculating this amount are those collected by the tenant for the 12 months preceding the grant of the leave.

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