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

The landlord can give the tenant time off to sell the unit without a tenant.

The leave to sell is equivalent to an offer to sell to the tenant. The tenant may be the purchaser of the dwelling and is entitled to a right of first refusalunder certain conditions. The offer of sale is valid for the first 2 months of the notice.

Who can give leave?

The leave may be granted by the following persons:

• The owner (natural person).
• The Civil Real Estate business (SCI) owner. The SCI must be constituted exclusively between parents and allies until 4th degree included.
• When the accommodation is in division (with or without usufruct), any member of the division. But the agreement of the other members of the division is needed.

On what date can the landlord pick up the accommodation?

What does the holiday letter have to say?

The landlord must release the tenant by means of a leave letter.

The letter of leave shall state the following:

• Leave reason (for sale)
• Prices and conditions of sale of the rented accommodation and its possible rented annexes (parking...)
• Precise description of the dwelling and any rented annexes (but it is not mandatory to indicate the size of the dwelling)
• Statement of the first 5 paragraphs of II of article 15 of the law of 6 july 1989, which indicate the terms of the offer of sale to the tenant.

Who should I send the holiday letter to?

The landlord must send the letter of leave to all signatories to the lease.

Special cases:

• If only one of the spouses is a signatory to the lease, but the landlord has been informed of the marriage, then the landlord must send the letter of leave to the two spouses.
• If only 1 of the partners Civil partnershipsCivil partnerships : Civil Solidarity Pact signed the lease, but the two partners jointly requested that each be included in the lease, so the landlord must address the leave letter to the two Civil partnership partners.

How do I send the holiday letter?

The letter of leave must be sent to the tenant:

• Either by registered letter with acknowledgement of receipt
• Either by act of commissioner of justice (formerly act of bailiff)
• Either by hand delivery against signature or receipt

You can not give 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 mail by its recipient.

But you can give notice (or your leave) by a registered letter (RL). A notice given in this way is valid, provided that, if the recipient is an individual, he or she has previously accepted this method of dispatch.

What is the notice period?

In order for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date of the lease (or of 1^er renewal or renewal of the lease, in some cases).

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 the leave to be valid, the tenant must receive the letter of leave at least 6 months before the due date of the lease (or of 1^er renewal or 1^re renewal of the lease, in some cases). For example, if the lease expires on September 20, then the tenant must have the letter of leave by March 20.

Where the figures are not identical, this is the last day of the month. If the lease expires on August 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of leap year).

Holidays and weekends are included in this calculation. If the notice period ends on a Sunday, it ends on that day and not on the previous Friday or the following Monday.

Where leave is granted in advance well before the 6-month period, 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 March 3, the leave is valid, but the notice period starts to run only on March 20 and the leave will take effect on September 20.

What is a protected tenant?

When the landlord wants to give leave, the tenant can be protected when he is in at least 1 of the following situations:

What is the tenant's right of first refusal?

The leave to sell is an offer of sale to the tenant. The tenant may be the purchaser of the dwelling.

Tenant's right of first refusal

The tenant benefits from a right of first refusal. It takes precedence over other buyers to buy the house.

If there are several tenants, everyone has a right of first refusal.

But the tenant's right of first refusal does not apply where close relative up to and including 3rd degree of the owner becomes the purchaser of the dwelling, to live in it (as the principal residence) for at least 2 years after the end of the notice.

Acceptance of the offer to sell

The offer of sale to the tenant is valid for the first 2 months of the notice.

To accept the offer for sale, the tenant must:

• Inform the owner by registered letter with notice of receipt, at the latest within the first 2 months of the legal notice of the owner
• Indicate whether he will apply for a mortgage, if so.

If the tenant accepts the offer to sell the house within the set time, any promise of sale signed between the owner and another buyer is canceled.

From the date of sending his reply to the owner, the tenant has 2 months to sign the bill of sale.

If the tenant requests a mortgage, the period allowed for signing the bill of sale shall be Four months.

The period of notice shall be extended until the end of the period for completion of the sale.

Refusal of the offer to sell

The tenant refuses the offer of sale in the following cases:

• The tenant denies the landlord
• The tenant does not respond to the landlord within the first 2 months of notice
• The tenant issues a counter-proposal that the landlord refuses

Consequently, the tenant must leave the premises at the latest on the last day of notice. However, he can leave the premises at any time during the period of notice, he is then only obliged to pay the rent and charges until the date of delivery of the keys to the owner.

How can I challenge the leave?

The tenant can challenge the leave, whether or not it is still in the dwelling.

In particular, he may contest the leave for at least 1 of the following reasons:

• The holiday letter does not contain at least 1 of the mandatory information. For example, the reason for the leave is not indicated.
• The leave was not granted by the owner or his representative (real estate agent)
• The leave letter was not sent to all tenants (e.g. leave was sent to only 1 of the 2 spouses)
• The letter of leave was sent by simple letter
• The period of notice shall be less than 6 months
• The leave was granted to a protected tenant
• The landlord did not inform the tenant of his offer to sell on terms or at a better price
• The landlord issued a leave to sell fraudulently. This is the case, for example, when the owner sets a very high selling price in order to discourage any buyer. In this case, the owner is liable to a criminal fine of €6,000 maximum (€30,000 maximum if legal person). They may also be ordered to pay damages to the tenant.

To challenge 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 precisely 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 of charge), or conciliator of justice (free), or a civil mediator)(paying). Be careful, if the dispute is about €5,000 or less, it is mandatory to do so, and then refer the matter to the judge, if necessary.
3. If the disagreement persists, the tenant can seize the protection litigation judge 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 take-back?

Giving the tenant leave for resumption is only possible in certain cases:

On what date can the landlord take over the accommodation?

What does the holiday letter have to say?

The letter of leave addressed to the tenant must specify:

• The reason for the leave (to take over the accommodation to live there or to house one of his relatives)
• The name and address of the beneficiary of the take-back
• The relationship between the owner and the beneficiary of the takeover
• An indication justifying the real and serious nature of the recovery.

Who should I send the holiday letter to?

The landlord must send the letter of leave to all signatories to the lease.

Special cases:

• If only one of the spouses is a signatory to the lease, but the landlord has been informed of the marriage, then the landlord must send the letter of leave to the two spouses.
• If only 1 of the partners Civil partnershipsCivil partnerships : Civil Solidarity Pact signed the lease, but the two partners jointly requested that each be included in the lease, so the landlord must address the leave letter to the two Civil partnership partners.

How do I send the holiday letter?

The letter of leave must be sent to the tenant:

• Either by registered letter with acknowledgement of receipt
• Either by act of commissioner of justice (formerly act of bailiff)
• Either by hand delivery against signature or receipt

You can not give 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 mail by its recipient.

But you can give notice (or your leave) by a registered letter (RL). A notice given in this way is valid, provided that, if the recipient is an individual, he or she has previously accepted this method of dispatch.

What is the notice period?

In order for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date of the lease (or of 1^er renewal or renewal of the lease, in some cases).

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 the leave to be valid, the tenant must receive the letter of leave at least 6 months before the due date of the lease (or of 1^er renewal or 1^re renewal of the lease, in some cases). For example, if the lease expires on September 20, then the tenant must have the letter of leave by March 20.

Where the figures are not identical, this is the last day of the month. If the lease expires on August 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of leap year).

Holidays and weekends are included in this calculation. If the notice period ends on a Sunday, it ends on that day and not on the previous Friday or the following Monday.

Where leave is granted in advance well before the 6-month period, 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 March 3, the leave is valid, but the notice period starts to run only on March 20 and the leave will take effect on September 20.

What is a protected tenant?

When the landlord wants to give leave, the tenant can be protected when he is in at least 1 of the following situations:

How to challenge the leave given by the owner?

The leave may be contested by the tenant, whether or not it is in the dwelling.

In particular, it may be used for at least one of the following reasons:

• The holiday letter does not contain at least one of the required information. For example, the reason for the leave is not indicated.
• The leave letter was not sent to all tenants (e.g. leave was sent to only 1 of the 2 spouses)
• The letter of leave was sent by simple letter
• The period of notice shall be less than 6 months
• The leave was granted to a protected tenant
• The landlord issued a leave for fraudulent takeover.
  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 is used as a secondary residence. In this case, in this case, the owner is liable to a criminal fine of €6,000 maximum (€30,000 maximum if legal person). They may also be ordered to pay damages to the tenant.

To challenge 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 precisely 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 of charge), or conciliator of justice (free), or a civil mediator)(paying). Be careful, if the dispute is about €5,000 or less, it is mandatory to do so, and then refer the matter to the judge, if necessary.
3. If the disagreement persists, the tenant can seize the protection litigation judge 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.

The landlord may refuse to allow the lease to continue and may decide to give the tenant leave to legitimate and serious reason.

The reason may be attributable to:

• Let's go to the tenant. This is the case when the tenant does not fulfill at least 1 of his obligations. For example, if the tenant causes nuisance in the neighborhood, or if he pays his rent with repeated delays, or if he does not provide a proof of home insurance
• Either the owner. This is the case, for example, when the owner wants to carry out major renovations to the housing.

But the law hasn't defined exactly what the ground is legitimate and serious. If the tenant challenges the leave before the judge, the landlord will have to prove the validity of the leave granted.

Who can give leave?

The leave may be granted by the following persons:

• The owner (natural person).
• The Civil Real Estate business (SCI) owner. The SCI must be constituted exclusively between parents and allies until 4th degree included.
• When the accommodation is in division (with or without usufruct), any member of the division. But the agreement of the other members of the division is needed.

On what date can the landlord pick up the accommodation?

The landlord must give the tenant leave to vacate the premises no later than due date from 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 handing over the keys to the owner.

What does the holiday letter have to say?

The landlord must send the tenant a letter of leave indicating the reason for the non-renewal of the lease.

Who should I send the holiday letter to?

The landlord must send the letter of leave to all signatories to the lease.

Special cases:

• If only one of the spouses is a signatory to the lease, but the landlord has been informed of the marriage, then the landlord must send the letter of leave to the two spouses.
• If only 1 of the partners Civil partnershipsCivil partnerships : Civil Solidarity Pact signed the lease, but the two partners jointly requested that each be included in the lease, so the landlord must address the leave letter to the two Civil partnership partners.

How do I send the holiday letter?

The letter of leave must be sent to the tenant:

• Either by registered letter with acknowledgement of receipt
• Either by act of commissioner of justice (formerly act of bailiff)
• Either by hand delivery against signature or receipt

You can not give 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 mail by its recipient.

But you can give notice (or your leave) by a registered letter (RL). A notice given in this way is valid, provided that, if the recipient is an individual, he or she has previously accepted this method of dispatch.

What is the notice period?

In order for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date of the lease (or of 1^er renewal or renewal of the lease, in some cases).

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 the leave to be valid, the tenant must receive the letter of leave at least 6 months before the due date of the lease (or of 1^er renewal or 1^re renewal of the lease, in some cases). For example, if the lease expires on September 20, then the tenant must have the letter of leave by March 20.

Where the figures are not identical, this is the last day of the month. If the lease expires on August 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of leap year).

Holidays and weekends are included in this calculation. If the notice period ends on a Sunday, it ends on that day and not on the previous Friday or the following Monday.

Where leave is granted in advance well before the 6-month period, 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 March 3, the leave is valid, but the notice period starts to run only on March 20 and the leave will take effect on September 20.

What is a protected tenant?

When the landlord wants to give leave for a reason attributable to him (for example, carrying out major work), the tenant may be protected if he is in at least 1 of the following situations:

How can I challenge the leave granted by the lessor?

To challenge 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 precisely 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 of charge), or conciliator of justice (free), or a civil mediator)(paying). Be careful, if the dispute is about €5,000 or less, it is mandatory to do so, and then refer the matter to the judge, if necessary.
3. If the disagreement persists, the tenant can seize the protection litigation judge 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.