Notice and formalities of the leave given by the tenant
Verified 30 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You are a tenant and you want to permanently leave the housing you live in (social or private housing, including subject to the 1948 law)? You can do so at any time, provided you have inform in advance the social landlord, or the private owner (or real estate agency). To do this, you must to give leave and respect a notice period. We present you with the information you need to know.
The rules are different depending on whether you live in an empty rented accommodation or furnished rented accommodation:
Empty housing
The rules are different depending on whether you live alone or in a couple:
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You're married
The couple wants to leave the house
In order to terminate the lease, the spouses must address set their leave.
1 of the spouses wants to leave the accommodation
General case
If 1 only of the spouses gives leave, the other spouse remains in title the current lease and can stay in the accommodation.
Warning
The spouse who gives leave remains in solidarity obliged to pay the rent and the costs of the dwelling until the other spouse finally leaves the dwelling (or until the transcription of the divorce in the margin of civil status).
In case of violence
When one spouse is violent, the other spouse may give leave, with a period of 1 month notice.
Abuse must be committed against the spouse or child who usually lives with the spouse.
Leave must be given by registered letter with notice of receipt. The reason for departure (violence) must be indicated and one of the following documents must be attached:
- A copy of the protection order issued by the family court judge
- A copy of the criminal conviction for acts of violence. This sentence must be less than 6 months old.
FYI
If the abusive spouse does not pay the rent from the day after the registered letter is presented to the landlord (or real estate agency):
- The owner (or real estate agency) has a legitimate and serious reason for to sell or take over the dwelling
- The spouse who leaves the dwelling (and surety) is not liable for such unpaid amounts.
You're Paced
The 2 partners sign the lease (simultaneously or not)
The couple wants to leave the house
To end the lease, the 2 partners must send their leave together to the landlord (or real estate agency).
1 partner only wants to leave the house
The partner who wants to leave the house must give his leave to the owner (or to the real estate agency).
The other partner remains the holder of the lease and may remain in the dwelling.
Warning
The partner who gives the leave stays in solidarity obliged to pay rent and housing expenses until the Civil partnership ends or the other partner leaves the dwelling.
When one partner is violent, the other partner may give his leave, with a 1 month notice period.
Abuse should be committed against the partner or child who usually lives with the partner.
Leave must be given by registered letter with notice of receipt. The reason for departure (violence) must be indicated and one of the following documents must be attached:
- A copy of the protection order issued by the family court judge
- A copy of the violent partner’s criminal conviction for acts of violence. This sentence must be less than 6 months old.
FYI
If the abusive partner does not pay rent from the day after the registered letter is presented to the landlord (or real estate agency):
- The owner (or real estate agency) has a legitimate and serious reason for to sell or take over the dwelling
- The partner who leaves the home (and his surety) is not liable for such unpaid amounts.
Only 1 partner has signed the lease
The partner who signed the lease wants to leave the house
The partner who signed the lease must release the owner.
The other partner must leave the accommodation at the latest on departure, unless the owner (or real estate agency) agrees to sign a lease with him.
The other partner wants to leave the house
When the partner who has not signed the lease wants to leave the home, he does not have to give leave to do so.
Warning
The partner still stays in solidarity obliged to pay rent and housing expenses until the Civil partnership ends or the other partner leaves the dwelling.
You live in a cohabitation (or "common law")
The two concubines signed the lease
The couple wants to leave the house
The concubines must give their notice (leave) together to the owner (or real estate agency).
Only 1 partner wants to leave the house
The spouse who wants to leave the accommodation must give his or her notice (leave) to the owner (or real estate agency).
The lease continues with the remaining partner.
When the lease contains a solidarity clause, the spouse who leaves the dwelling remains liable for the rent and the charges due:
- For 6 months after the date of the end of the notice period
- Or at the end of the notice period, if a new tenant arrives before that date.
If the lease does not contain this clause, the spouse who leaves the dwelling remains liable for the rent and the charges due:
- Until the end of the notice period
- Or until a new tenant arrives, if they arrive before the end of the notice period.
When one of the cohabiting partners is violent, the other spouse may give his or her leave, with a 1 month notice period.
Abuse must be committed against the partner or the child who usually lives with the partner.
Leave must be given by registered letter with notice of receipt. The reason for departure (violence) must be indicated and one of the following documents must be attached:
- A copy of the protection order issued by the family court judge
- A copy of the criminal conviction for acts of violence. This sentence must be less than 6 months old.
FYI
If the abusive partner does not pay rent from the day after the registered letter is presented to the landlord (or real estate agency):
- The owner (or real estate agency) has a legitimate and serious reason for to sell or take over the dwelling
- The partner who leaves the dwelling (and his surety) is not liable for such unpaid amounts.
Only 1 of the concubines signed the lease
In order to leave the dwelling, the partner who signed the lease must give his notice (leave) to the owner (or real estate agency). The other cohabiting partner must then leave the dwelling no later than the departure of the cohabiting partner who signed the lease, unless the owner (or real estate agency) agrees to sign a new lease with the other cohabiting partner.
If the spouse who has not signed the lease wants to leave the house, he does not have to give leave to do so.
You live alone
You must give leave to the owner (or real estate agency).
Reminder
If you're in a roommate, specific rules apply.
You must give leave (we are also talking about notice) to the social lender or private owner (or real estate agency) by one of the following:
- Registered letter with notice of receipt
- Act of Commissioner of Justice (formerly act of bailiff)
- Hand delivery against signed receipt or receipt.
After you've given leave, you can't change your mind. To be able to reconsider your decision, you must obtain the agreement of the social landlord or the private owner (or the real estate agency).
You can't just give leave by e-mail. A leave given in this way is not valid, even if it is accepted by return of mail by its recipient.
But you can give leave by one registered letter (RL). A leave given in this way is valid, provided that the person to whom it is addressed first declares that he or she accepts this method of sending, and that the person to whom it is addressed is an individual.
Before leaving your accommodation, you must give leave and respect a notice period 3 months, with exceptions.
Please note
You may leave the accommodation without notice, where the accommodation is endangered or unhealthy. But first, you must have notified the social lender or the private owner (or the real estate agency) of the disorders found and have made the steps to oblige him to do the work.
The period of notice depends on the municipality of your accommodation.
The housing municipality may or may not be located in stretched area.
To find out, you can use this simulator:
Whether a dwelling is located in a tense area (notice from the tenant and rent control)
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Housing in a stretched area
The notice is 1 month provided that you indicate in the letter of leave the address of the rented accommodation and the fact that you have period of notice reduced to one month, in accordance with law no. 89-462 (article 15) and the decree no. 2013-392 on the scope of application of the annual tax on vacant housing introduced by article 232 of the general tax code (1er table annexed to the decree).
If you do not do so, the notice period is 3 months.
Accommodation in another area
The rules depend on your situation.
General case
The notice period is 3 months.
You do not have to indicate the reason for your departure in the letter of leave.
In case you leave and return the keys before the end of the noticeHowever, the notice period may be reduced by the same amount if the landlord accepts a new tenant or if he undertakes major renovations.
You get social housing
The notice period is 1 month.
You must indicate this situation in the leave and provide proof of it.
If you do not do so, the notice period is 3 months.
You are on the RSA or AAH
The notice period is 1 month.
You must indicate in the leave that you are receiving the RSA: titleContent or theAAH: titleContent and you must provide proof of this.
If you do not do so, the notice period is 3 months.
FYI
if your resources are equal to the amount of this aid but you do not receive it, the notice period is 3 months.
Your medical condition warrants a change of residence
The notice period is 1 month when the accommodation is no longer compatible with your health condition.
You must mention your medical condition in the leave and provide a justification (for example, a medical certificate).
If you do not do so, the notice period is 3 months.
Warning
In case of simple physical or mental fatigue, even medically ascertained, the period of notice is 3 months.
You are a victim of violence in your relationship or the child who lives with you is abused
When the person with whom you live as a couple you abuse or abuse the child who usually lives with you, the notice period is 1 month.
To do so, you must give your leave by registered letter with notice of receipt. You must indicate your situation (victim of violence) and provide one of the following documents:
- A copy of the protection order issued by the family court judge
- A copy of the criminal conviction of the other member of your couple for acts of violence committed against you or a child who habitually resides with you. This sentence must be less than 6 months old.
If you do not, the notice period is 3 months.
FYI
You and your guarantor are not liable for any outstanding payments made from the day following the presentation of your leave to the lessor.
If the violent person does not pay the rent from the day after the victim's leave is presented, the landlord has a legitimate and serious reason for to sell or take over the dwelling.
You get your first job
The notice period is 1 month.
You must indicate this situation in the leave and provide a justification. For example, a document with the date of social security membership may be used to certify that it is your 1er employment.
If you do not do so, the notice period is 3 months.
FYI
If a CDD becomes a CDI, the CDI is not considered a 1er employment, unless protection litigation judge decides differently.
You're changing your workplace
Employee, civil servant
Notice period: 1 month
You must indicate this situation in the leave and provide a justification.
The date of transfer must be close to the date of dispatch of the leave (several months must not have elapsed).
The transfer may be at your own initiative or at your employer's initiative. It is not subject to any conditions of geographical remoteness.
Self-employed, professional
Advance notice of 3 months applies.
You are at the end of your unemployment insurance benefits
Advance notice of 3 months applies.
You're retiring
Advance notice of 3 months applies.
Self-employed or professional, you stop your activity
Advance notice of 3 months applies.
You resign (or leave)
Advance notice of 3 months applies.
You lose your job (or conventional break)
The notice period is 1 month.
You must indicate this situation in the leave and provide a justification.
If you do not do so, the notice period is 3 months.
FYI
The loss of employment must precede the dispatch of your leave and be close to it. In case of dispute, the protection litigation judge determine on a case-by-case basis whether the leave is late or not following a loss of employment.
You get a new job as a result of a job loss
The notice period is 1 month where the loss of employment and the new employment occur during the same lease.
You must indicate this situation in the leave and provide a justification.
If you do not do so, the notice period is 3 months.
FYI
Advance notice of 3 months applies in the case of a new job, if you were unemployed when you signed the lease for the housing you want to vacate.
The start of the notice depends on the method of sending your leave:
- For a registered letter with notice of receipt, this is the day on which the registered letter is received, i.e. the day on which the addressee takes possession of it. Therefore, if the registered letter has not been delivered to its absent recipient and has been returned to you, the leave is not valid. Similarly, if the letter arrives late or is delivered late, the end of the notice period is delayed accordingly.
- For a act of commissioner of justice, this is the day of significance (for example, the day the leave is deposited in the recipient's mailbox)
- For a hand-delivery by signature or receipt, this is the day on which the leave is delivered by hand to the person to whom it is addressed, against a signed receipt or receipt.
Example :
For 1 month's notice
If the recipient received the leave on September 5, the notice period runs until midnight on October 5 (not October 30).
If the dates do not match, this is the last day of that month. For example, a notice that began on January 30 expires on February 28, or on February 29 in the case of a leap year.
Holidays and weekends are included in this calculation. For example, if the notice ends on a Sunday, it ends on that day, not the Friday before or the Monday after.
Example :
For 3 months notice
If the recipient received the leave on September 5, the notice period runs until midnight on December 5 (not December 31).
If the figures are not identical, this is the last day of that month. For example, a notice that began on November 30 expires on February 28 (or February 29 in the case of a leap year).
Holidays and weekends are included in this calculation. For example, if the notice ends on a Sunday, it ends on that day, not the Friday before or the Monday after.
You can use this letter template:
Warning
If your situation (accommodation located in stretched area, loss of employment, state of health...) entitles you to one month's notice, you must indicate this reason in your letter of leave and attach a supporting document. Please note that if you do not provide a reason, the 3-month notice period applies.
You must pay rent and rental charges throughout the period of your notice, unless the landlord (or real estate agency) signs a new lease with another tenant and that he lives in the dwelling before the end of your notice.
If your notice ends during the month, the amount of rent and charges you owe for the last month is proportional to the number of days you disposed of the accommodation.
Example :
- Where the last month of notice has 30 daysand the notice ends on the 5th, the amount due for the last month is 5/30e of the monthly amount.
- Where the last month of notice has 31 daysand the notice ends on the 5th, the amount due for the last month is 5/31e of the monthly amount.
- Where the last month of notice has 28 daysand the notice ends on the 5th, the amount due for the last month is 5/28e of the monthly amount.
- Where the last month of notice has 29 daysand the notice ends on the 5th, the amount due for the last month is 5/29e of the monthly amount.
The expenses of the accommodation you leave are payable by provision, the final calculation of what you owe for your last rental year (even if incomplete), can only be done after the annual adjustment of charges.
You cannot deduct from your last rents the amount of the security deposit you paid.
The social landlord or the landlord (or the real estate agency) can claim for 3 years any outstanding charges or rents you owe him. For example, they can charge you until July 2027 a rent (or expense) debt from July 2024, even if you permanently left the accommodation in August 2024.
Furnished accommodation
The rules are different depending on whether you live alone or in a couple:
Répondez aux questions successives et les réponses s’afficheront automatiquement
You're married
In order to terminate the lease, the spouses must address set their leave to the owner (or to the real estate agency).
If 1 only of the spouses gives leave, the other spouse remains in title the current lease and can stay in the accommodation.
Warning
The spouse who gives leave remains in solidarity obliged to pay the rent and the costs of the dwelling until the other spouse finally leaves the dwelling (or until the transcription of the divorce in the margin of civil status).
You're Paced
The 2 partners have signed the lease (simultaneously or not)
To terminate the lease, partners must address set their leave to the owner (or to the real estate agency).
If 1 only of the partners gives leave, the other partner remains in title the current lease and can stay in the accommodation.
Warning
The partner who gives the leave stays in solidarity obliged to pay rent and housing charges until the Civil partnership ends or the other partner leaves the dwelling.
Only 1 partner has signed the lease
The partner who signed the lease must give his leave to the owner (or real estate agency) in accordance with a period of notice.
The other partner must leave the dwelling at the latest when the partner who signed the lease leaves, unless the owner (or the real estate agency) agrees to sign a lease with him.
You live in a common-law relationship
The two concubines signed the lease
To end the lease, the 2 concubines must give their leave together to the owner (or real estate agency).
If only one spouse leaves, the other spouse remains the holder of the lease and may remain in the dwelling.
Only 1 cohabiting partner signed the lease
If the cohabiting partner who signed the lease releases the landlord (or the real estate agency), the other cohabiting partner must leave the dwelling no later than the departure of the cohabiting partner who signed the lease, unless the landlord (or the real estate agency) agrees to sign a lease with him.
You live alone
You must give leave to the owner (or real estate agency).
You must give leave (we are also talking about notice) to the social lender or private owner (or real estate agency) by one of the following:
- Registered letter with notice of receipt
- Act of Commissioner of Justice (formerly act of bailiff)
- Hand delivery against signed receipt or receipt.
After you've given leave, you can't change your mind. To be able to reconsider your decision, you must obtain the agreement of the social landlord or the private owner (or the real estate agency).
You can't just give leave by e-mail. A leave given in this way is not valid, even if it is accepted by return of mail by its recipient.
But you can give leave by one registered letter (RL). A leave given in this way is valid, provided that the person to whom it is addressed first declares that he or she accepts this method of sending, and that the person to whom it is addressed is an individual.
You can terminate the lease at any time. But you must respect a 1-month notice period, including when the term of the lease is only 9 months (for example, when the accommodation is rented to a student).
You are not required to give reasons for leaving the accommodation or to provide any proof.
The start of the notice depends on the method of sending your leave:
- For a registered letter with notice of receipt, this is the day on which the registered letter is received, i.e. the day on which the addressee takes possession of it. Therefore, if the registered letter has not been delivered to its absent recipient and has been returned to you, the leave is not valid. Similarly, if the letter arrives late or is delivered late, the end of the notice period is delayed accordingly.
- For a act of commissioner of justice, this is the day of significance (for example, the day the leave is deposited in the recipient's mailbox)
- For a hand-delivery by signature or receipt, this is the day on which the leave is delivered by hand to the person to whom it is addressed, against a signed receipt or receipt.
Example :
A leave of absence received by the recipient on September 5 gives notice until midnight on October 5 (not until October 30).
If the dates cannot be the same, this is the last day of that month. For example, a notice that began on January 30 expires on February 28 (or February 29 in the case of a leap year).
Holidays and weekends are included in this calculation. For example, if the notice ends on a Sunday, it ends on that day, not the Friday before or the Monday after.
You can use this letter template:
You must pay rent and rental charges throughout the period of your notice, unless the landlord (or real estate agency) signs a new lease with another tenant and that he lives in the dwelling before the end of your notice.
If the notice ends in the middle of the month, the amount of rent and charges you owe for the last month is proportional to the number of days you disposed of the accommodation:
Example :
- Where the last month of notice has 30 daysand the notice ends on the 5th, the amount due for the last month is 5/30e of the monthly amount.
- Where the last month of notice has 31 daysand the notice ends on the 5th, the amount due for the last month is 5/31e of the monthly amount.
- Where the last month of notice has 28 daysand the notice ends on the 5th, the amount due for the last month is 5/28e of the monthly amount.
- Where the last month of notice has 29 daysand the notice ends on the 5th, the amount due for the last month is 5/29e of the monthly amount.
If the expenses of the accommodation you are leaving are to be paid by provision, the final calculation of what you owe to the real estate agency or lessor (private or social) for your last rental year (even if incomplete) can only be done after the annual adjustment of charges.
You cannot deduct from your last rents the amount of the security deposit you paid.
The real estate agency or lessor (private or social) can claim for 3 years any unpaid rent or charges you owe it. For example, they can charge you until July 2027 a rent (or expense) debt from July 2024, even if you permanently left the accommodation in August 2024.
Renter with a mobility lease: give notice (leave) to the owner of the accommodation
Who can help me?
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Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you belong to the ministry in charge of housing and city planning.
- Departmental Agency for Housing Information (Adil)
End of notice period: calculate the number of days
Social housing: notice period
Empty dwelling: notice period
Empty housing: sending leave
Furnished accommodation: leave and notice - lease signed since March 27, 2014
Housing subject to the 1948 law: termination of the lease
Domestic violence
List of municipalities in stretched areas (Annex, 1st table)
Zoning to be applied (Article 1)
Zoning to be applied (I.)
