What is the penalty for fraudulent notice from the owner?
Verified 13 July 2021 - Directorate for Legal and Administrative Information (Prime Minister)
If the landlord has given the tenant leave (notice) for a reason (taking over to live in the dwelling or sell it) that does not correspond to reality, the tenant can bring the case before the judge.
In case of fraudulent leave, the landlord can be ordered by the judge to pay damages to the tenant, and to pay a criminal fine.
Resumption to live
The lessee may challenge the reason for the leave (or notice) if, after leaving the premises, he provides any of the following:
- The dwelling is not inhabited by the person(s) mentioned in the letter of leave
- The housing is empty
- The dwelling is used as a secondary residence
The tenant must then refer the protection of the court on which the dwelling depends to the litigation judge. He must ask the judge to award him damages for the damage suffered.
The judge may also order the owner to pay a criminal fine of €6,000 maximum (€30,000 maximum when owner is a legal person).
Who shall I contact
Trade-in to sell
The tenant can challenge the reason for the leave (notice) given by the owner.
To do so, it must have proof that the owner did not intend to sell the housing (for example, the sale price of the housing is excessive).
He must then refer the protection of the court on which the dwelling depends to the litigation judge. He must ask the judge to award him damages for the damage suffered.
The judge may also order the owner to pay a criminal fine of €6,000 maximum (€30,000 maximum when owner is a legal person).