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Notice and formalities of leave given by the owner (lessor)
Verified 01 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The landlord can give the tenant leave (his notice) as long as he complies with certain rules. These rules depend on the signed residential lease:
What applies to you ?
Empty housing
In general, the landlord can only give the tenant leave (notice) for the due date from the lease. And the owner can only do it to sell the house, or to take it back (to live in it or to house a relative), or for a reason legitimate and serious (in particular in the event of the tenant's fault):
Warning
The lease of a Anah contracted accommodation and the lease of a social housing are subject to specific rules.
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.
FYI
But the owner can sell the property while the tenant occupies it, without informing him or her and without granting him or her leave.
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.
FYI
If the leave is granted by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name or business name of the owner.
On what date can the landlord pick up the accommodation?
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The landlord bought the unoccupied house
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 by this date at the latest. 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.
The new owner has purchased the unit already occupied by a tenant
The current lease expires less than 3 years after the purchase
The date of purchase is the day of the signature of the authentic instrument.
The landlord may give the tenant leave to vacate the premises no later than due date of 1er renewal or 1re renewal of the lease in progress.
Example :
If the landlord purchased the unit on 1er march 2019 and the lease expires on may 31, 2021, the lessee may be granted leave to vacate the premises no later than the 1 expiry datere reappointment on May 31, 2024.
The current lease expires more than 3 years after the purchase
The date of purchase is the day of the signature of the authentic instrument.
The landlord may give the tenant leave to vacate the premises no later than due date from the lease.
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
FYI
The letter of leave must be accompanied by the information notice concerning the obligations of the lessor and the remedies and compensation available to the lessee.
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 partnerships: titleContent 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'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.
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 1er 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:
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Leave letter sent by registered mail with acknowledgement of receipt
The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not go to the post office to pick up the mail left at his disposal.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.
Indeed, if leave is granted early well before the 6-month period, it is still valid, but it will take effect on the date on which it should have been granted.
Example :
If the due date the lease is on september 20, but when the tenant receives the letter of leave on march 3, the leave is valid, but the notice period does not start running until march 20 and the leave will take effect on september 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
the Commissioner of Justice billing for its intervention to the owner.
Hand-delivered leave letter against receipt or signing
The notice period begins on the day on which the landlord hands in hand the letter of leave to the tenant, against receipt or receipt.
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 1er renewal or 1re 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:
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Lessee under 65 years of age on the date of expiry of the lease
The tenant is protected if all of the following conditions are met:
- He is dependent on a person over 65 years of age at the due date lease
- The total income of the residents of the tenant's dwelling is less than certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
When all these conditions are met, the lease is automatically renewed. unless the owner is in at least 1 of the following situations:
- He is over 65 years old at the due date lease
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- During the period of notice, he offers the tenant an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the dwelling of the tenant when he fills theone of the following conditions :
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Lessee over 65 years of age on the date of expiry of the lease
The tenant is protected if his income is less than certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or deduction of tax.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
When this income condition is met, the lease is automatically renewed, unless the owner is in at least 1 of the following situations
- He is over 65 years old at the due date lease
- His income (at the date the tenant takes possession of the letter of leave) less than these same amounts
- During the period of notice, he offers the tenant an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it fulfills one of the following conditions:
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Tenant receiving parental attendance allowance
The tenant is protected and the lease is automatically renewed if all the following conditions are met:
- The tenant receives a parental attendance allowance (at the due date lease)
- The income of this tenant is less than certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.
- The owner does not offer to the tenant, during the notice, an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it fulfills one of the following conditions:
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
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.
FYI
The tenant who exercises his right of first refusal when selling his house does not have to pay a real estate agency commission.
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.
Example :
The lease expires on September 20.
In order for the owner's leave to sell to be valid, the tenant must be aware of it no later than March 20.
The leave shall take effect on 20 September.
The offer of sale to the tenant is valid until May 20. The tenant has until May 20 to inform the landlord of his decision to purchase the home.
If the tenant becomes aware of the leave as of March 5:
- The leave shall take effect on 20 September
- The offer of sale to the tenant is valid until May 20. The tenant has until May 20 to inform the landlord of his decision to purchase the home.
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:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- 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.
- 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:
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The owner is a natural person
The landlord may give the tenant leave to make the dwelling his principal residence, or for one of his relatives to make it his principal residence.
The next of kin may be one of the following:
- Her husband
- His partner for at least 1 year on the date of the leave
- His partner of Civil partnerships: titleContent (Civil partnerships recorded on the date of leave)
- Its ascendants
- Its descendants or those of his spouse, cohabiting partner or Civil partnerships: titleContent
The owner is a family-run ICS
The Civil Real Estate business (SCI) constituted exclusively between parents and allies up to 4th degree included may grant the tenant leave for one of the partners to make it his principal residence.
The dwelling is divided with usufruct
The usufructuary the dwelling may give the tenant leave to make the dwelling his principal residence, or that one of his relatives make it his principal residence.
The next of kin may be one of the following:
- Her husband
- His partner of Civil partnerships: titleContent (Civil partnerships recorded on the date of leave)
- His partner for at least 1 year on the date of the leave
- Its ascendants
- Its descendants or those of her spouse, Civil partnerships: titleContent, or of his or her spouse
The housing is in undivided (without usufruct)
Any member of the division may grant the tenant leave to make the dwelling his principal residence, or that one of his relatives make it his principal residence. But it requires the prior agreement of the other members of the division.
The next of kin may be one of the following:
- Her husband
- His partner of Civil partnerships: titleContent (Civil partnerships recorded on the date of leave)
- His partner for at least 1 year on the date of the leave
- Its ascendants
- Its descendants or those of her spouse, Civil partnerships: titleContent, or of his or her spouse
On what date can the landlord take over the accommodation?
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The landlord bought the unoccupied house
The landlord must give the tenant leave to vacate the dwelling no later than due date from the lease.
The tenant must leave the premises and return the keys to the owner by this date at the latest. 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.
The new owner has purchased the unit already occupied by a tenant
The current lease expires less than 2 years after the purchase
The date of purchase is the day of the signature of the authentic instrument.
The landlord may give the tenant leave for the due date of the current lease, but the leave will not apply until 2 years after the date of purchase.
The tenant must leave the premises and return the keys to the owner at the latest 2 years after the purchase of the accommodation by the owner.
Example :
If the landlord purchased the unit on 1er March 2022 and the lease's expiry date is May 31, 2023, the tenant may be granted leave of absence by May 31, 2023, but the leave may not apply until 2 years after the date of purchase. The tenant will therefore have up to 1er March 2024 to leave the premises and return the keys to the owner.
The current lease expires more than 2 years after the purchase
The date of purchase is the day of the signature of the authentic instrument.
The landlord may give the tenant leave to vacate the premises by due date from the lease.
The tenant may 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 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
FYI
The letter of leave must be accompanied by the information notice concerning the obligations of the lessor and the remedies and compensation available to the lessee.
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 partnerships: titleContent 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'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.
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 1er 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:
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Leave letter sent by registered mail with acknowledgement of receipt
The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not go to the post office to pick up the mail left at his disposal.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.
Indeed, if leave is granted early well before the 6-month period, it is still valid, but it will take effect on the date on which it should have been granted.
Example :
If the due date the lease is on september 20, but when the tenant receives the letter of leave on march 3, the leave is valid, but the notice period does not start running until march 20 and the leave will take effect on september 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
the Commissioner of Justice billing for its intervention to the owner.
Hand-delivered leave letter against receipt or signing
The notice period begins on the day on which the landlord hands in hand the letter of leave to the tenant, against receipt or receipt.
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 1er renewal or 1re 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:
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Lessee under 65 years of age on the date of expiry of the lease
The tenant is protected if all of the following conditions are met:
- He is dependent on a person over 65 years of age at the due date lease
- The total income of the residents of the tenant's dwelling is less than certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
When all these conditions are met, the lease is automatically renewed. unless the owner is in at least 1 of the following situations:
- He is over 65 years old at the due date lease
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- During the period of notice, he offers the tenant an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the dwelling of the tenant when he fills theone of the following conditions :
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Lessee over 65 years of age on the date of expiry of the lease
The tenant is protected if his income is less than certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or deduction of tax.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
When this income condition is met, the lease is automatically renewed, unless the owner is in at least 1 of the following situations
- He is over 65 years old at the due date lease
- His income (at the date the tenant takes possession of the letter of leave) less than these same amounts
- During the period of notice, he offers the tenant an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it fulfills one of the following conditions:
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Tenant receiving parental attendance allowance
The tenant is protected and the lease is automatically renewed if all the following conditions are met:
- The tenant receives a parental attendance allowance (at the due date lease)
- The income of this tenant is less than certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.
- The owner does not offer to the tenant, during the notice, an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it fulfills one of the following conditions:
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
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:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- 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.
- 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.
FYI
If the leave is granted by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name or business name of the owner.
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.
FYI
If the leave is granted by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his legal name).
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 partnerships: titleContent 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'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.
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 1er 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:
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Leave letter sent by registered mail with acknowledgement of receipt
The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not go to the post office to pick up the mail left at his disposal.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.
Indeed, if leave is granted early well before the 6-month period, it is still valid, but it will take effect on the date on which it should have been granted.
Example :
If the due date the lease is on september 20, but when the tenant receives the letter of leave on march 3, the leave is valid, but the notice period does not start running until march 20 and the leave will take effect on september 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
the Commissioner of Justice billing for its intervention to the owner.
Hand-delivered leave letter against receipt or signing
The notice period begins on the day on which the landlord hands in hand the letter of leave to the tenant, against receipt or receipt.
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 1er renewal or 1re 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:
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Lessee under 65 years of age on the date of expiry of the lease
The tenant is protected if all of the following conditions are met:
- He is dependent on a person over 65 years of age at the due date lease
- The total income of the residents of the tenant's dwelling is less than certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
When all these conditions are met, the lease is automatically renewed. unless the owner is in at least 1 of the following situations:
- He is over 65 years old at the due date lease
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- During the period of notice, he offers the tenant an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the dwelling of the tenant when he fills theone of the following conditions :
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Lessee over 65 years of age on the date of expiry of the lease
The tenant is protected if his income is less than certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or deduction of tax.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
When this income condition is met, the lease is automatically renewed, unless the owner is in at least 1 of the following situations
- He is over 65 years old at the due date lease
- His income (at the date the tenant takes possession of the letter of leave) less than these same amounts
- During the period of notice, he offers the tenant an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it fulfills one of the following conditions:
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Tenant receiving parental attendance allowance
The tenant is protected and the lease is automatically renewed if all the following conditions are met:
- The tenant receives a parental attendance allowance (at the due date lease)
- The income of this tenant is less than certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.
- The owner does not offer to the tenant, during the notice, an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it fulfills one of the following conditions:
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
How can I challenge the leave granted by the lessor?
To challenge the leave, the tenant must follow the following steps:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- 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.
- 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.
Furnished accommodation
In general, the owner can only give leave (notice) for the due date from the lease. And the owner can only do it to sell the house, or to take it back (to live in it or to house a relative), or for a reason legitimate and serious (in particular in the event of the tenant's fault):
The mobility lease is the subject of specific rules.
The landlord can give the tenant leave because he wants to sell the house without a tenant.
To do this, the owner must:
- give the tenant leave to vacate the premises no later than due date lease
- indicate in the leave letter the reason for the leave (to sell)
If the leave is granted by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his legal name).
FYI
The tenant does not benefit from a right of first refusal to buy the house.
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 by this date at the latest. 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.
FYI
The owner can sell the property while the tenant occupies it, without informing him or her and without granting him or her leave.
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 partnerships: titleContent 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'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.
What is the notice period?
The leave granted by the owner may take effect only on due date from the lease.
To be valid, the leave letter must be received by the tenant at least 3 months before end of lease.
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:
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Leave letter sent by registered mail with acknowledgement of receipt
The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not go to the post office to pick up the mail left at his disposal.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.
Indeed, if leave is granted early well before the three-month period, it is still valid, but it will take effect on the date on which it should have been granted.
Example :
If the due date the lease date is september 20, but when the tenant receives the letter of leave on june 3, the leave is valid, but the notice period does not begin until june 20 and the leave will take effect on september 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
the Commissioner of Justice billing for its intervention to the owner.
Hand-delivered leave letter against receipt or signing
The period of notice runs from the day on which the owner hands in hand the letter of leave to the tenant, against signed receipt or signing.
How to calculate the notice period?
For the leave to be validHowever, the tenant must receive the letter of leave at least 3 months before due date lease. For example, if the lease expires on September 20, then the tenant must have the letter of leave by June 20.
When the numbers are not identical, this is the last day of the month. If the lease expires on May 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of a 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 three-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 June 3, the leave is valid, but the notice period begins on June 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 while in at least 1 of the following:
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Lessee under 65 years of age on the date of expiry of the lease
The tenant is protected if all of the following conditions are met :
- The tenant is dependent on a person over 65 years of age at the due date lease
- The total income of the dwellers is below certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
When all these conditions are met, the lease is automatically renewed. unless the owner is located in at least 1 of the following:
- He is over 65 years old (at the due date lease)
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- During the period of notice, he offers the tenant an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the dwelling of the tenant when he fills one of the following conditions:
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
The tenant over 65 years of age on the date of expiry of the lease
The tenant is protected if the income of the inhabitants is less than certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or deduction of tax.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
When the tenant meets this income condition, the lease is automatically renewed, unless the owner is in at least 1 of the following situations
- He is over 65 years old (at the due date lease)
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- It offers the tenant an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it fulfills one of the following conditions:
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
How to challenge the leave given by the owner?
The leave may be contested by the tenant.
In particular, it may be used for at least 1 of the following reasons:
- The leave letter does not contain the reason for the leave.
- 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 three months
- The leave was granted to a protected tenant
- The landlord issued a leave to sell fraudulently.
This is the case, for example, where the owner had set a very high price in order to discourage any buyer. In this case, the owner shall be 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:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- 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.
- 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?
Leave for resumption is only possible in the following cases:
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General case
The landlord may give the tenant leave to make the dwelling his principal residence, or for one of his relatives to make it his principal residence.
The next of kin may be one of the following:
- Her husband
- His partner for at least 1 year on the date of the leave
- His partner of Civil partnerships: titleContent (Civil partnerships recorded on the date of leave)
- Its ascendants
- Its descendants or those of his spouse, cohabiting partner or Civil partnerships: titleContent
The dwelling is divided with usufruct
The usufructuary the dwelling may give the tenant leave to make the dwelling his principal residence, or that one of his relatives make it his principal residence.
The next of kin may be one of the following:
- Her husband
- His partner of Civil partnerships: titleContent (Civil partnerships recorded on the date of leave)
- His partner for at least 1 year on the date of the leave
- His ascendants
- His descendants or those of his spouse, his partner of Civil partnerships: titleContent, or of his or her spouse
On what date can the landlord take over 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 by this date at the latest. 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 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
FYI
If the leave is granted by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his legal name).
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 partnerships: titleContent 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'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.
What is the notice period?
The leave granted by the owner may take effect only on due date from the lease.
To be valid, the leave letter must be received by the tenant at least 3 months before end of lease.
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:
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Leave letter sent by registered mail with acknowledgement of receipt
The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not go to the post office to pick up the mail left at his disposal.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.
Indeed, if leave is granted early well before the three-month period, it is still valid, but it will take effect on the date on which it should have been granted.
Example :
If the due date the lease date is september 20, but when the tenant receives the letter of leave on june 3, the leave is valid, but the notice period does not begin until june 20 and the leave will take effect on september 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
the Commissioner of Justice billing for its intervention to the owner.
Hand-delivered leave letter against receipt or signing
The period of notice runs from the day on which the owner hands in hand the letter of leave to the tenant, against signed receipt or signing.
How to calculate the notice period?
For the leave to be validHowever, the tenant must receive the letter of leave at least 3 months before due date lease. For example, if the lease expires on September 20, then the tenant must have the letter of leave by June 20.
When the numbers are not identical, this is the last day of the month. If the lease expires on May 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of a 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 three-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 June 3, the leave is valid, but the notice period begins on June 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 while in at least 1 of the following:
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Lessee under 65 years of age on the date of expiry of the lease
The tenant is protected if all of the following conditions are met :
- The tenant is dependent on a person over 65 years of age at the due date lease
- The total income of the dwellers is below certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
When all these conditions are met, the lease is automatically renewed. unless the owner is located in at least 1 of the following:
- He is over 65 years old (at the due date lease)
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- During the period of notice, he offers the tenant an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the dwelling of the tenant when he fills one of the following conditions:
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
The tenant over 65 years of age on the date of expiry of the lease
The tenant is protected if the income of the inhabitants is less than certain amounts. It's the revenue collected during calendar year preceding the year in which the tenant takes possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or deduction of tax.
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
When the tenant meets this income condition, the lease is automatically renewed, unless the owner is in at least 1 of the following situations
- He is over 65 years old (at the due date lease)
- His income (on the date the tenant takes possession of the letter of leave) is less than these same amounts
- It offers the tenant an alternative accommodation located close to the tenant's accommodation and corresponding to his needs and possibilities.
This is an offer of rental accommodation. This dwelling is considered close to the tenant's dwelling when it fulfills one of the following conditions:
- If the municipality is divided into arrondissements, it shall be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the arrondissement.
- If the commune is divided into cantons, it is located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, it is within a radius of 5 km.
How to challenge the leave given by the owner?
The tenant can challenge the leave.
It may do so, in particular 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 one of the two spouses)
- The letter of leave was sent by simple letter
- The period of notice shall be less than three 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, 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:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- 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.
- 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.
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.
This is also the case when the owner wants to carry out certain work. For example, major renovation work on the housing.
But the law has not defined precisely what constitutes a ground legitimate and serious. If the tenant challenges the leave before the judge, the landlord will have to prove the validity of the leave granted.
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.
FYI
If the leave is granted by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his legal name).
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 partnerships: titleContent 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'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.
What is the notice period?
The leave granted by the owner may take effect only on due date from the lease.
To be valid, the leave letter must be received by the tenant at least 3 months before end of lease.
If the letter of leave reaches the tenant late, the leave is not valid.
FYI
By way of exception, where the reason justifies the eviction of the tenant, the landlord may grant the tenant leave to vacate the premises during the lease.
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:
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Leave letter sent by registered mail with acknowledgement of receipt
The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not go to the post office to pick up the mail left at his disposal.
To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.
Indeed, if leave is granted early well before the three-month period, it is still valid, but it will take effect on the date on which it should have been granted.
Example :
If the due date the lease date is september 20, but when the tenant receives the letter of leave on june 3, the leave is valid, but the notice period does not begin until june 20 and the leave will take effect on september 20.
Letter of leave served by the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
The Commissioner of Justice billing for its intervention to the owner.
Hand-delivered leave letter against receipt or signing
The period of notice runs from the day on which the owner hands in hand the letter of leave to the tenant, against signed receipt or signing.
How to calculate the notice period?
For the leave to be validHowever, the tenant must receive the letter of leave at least 3 months before due date lease. For example, if the lease expires on September 20, then the tenant must have the letter of leave by June 20.
When the numbers are not identical, this is the last day of the month. If the lease expires on May 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of a 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 three-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 June 3, the leave is valid, but the notice period begins on June 20 and the leave will take effect on September 20.
Reminder
By way of exception, where the reason for the leave justifies the eviction of the tenant, the landlord may grant the tenant leave to vacate the premises during the lease.
How to challenge the leave given by the owner?
To challenge the leave, the tenant must follow the following steps:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- 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.
- 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.
Housing governed by the 1948 Act
The occupant of a dwelling governed by the Law of 1948 has a right to be kept in the premises. But this right no longer applies when the owner gives him leave (his notice) to live in the dwelling (leave for resumption) or to carry out certain work (leave for work):
Recipient of the recovery
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General case
The landlord can give leave when he wants to take back the accommodation to:
- Make it their main residence or place of professional activity
- Or that one of his relatives wants to make it his main residence or place of professional activity
His family members are:
- Her husband
- Its ascendants
- Its descendants
- The ascendants or descendants of her husband
Undivided housing with usufruct
The usufructuary may grant the tenant leave for:
- Make housing his main residence or place of professional activity
- Or that one of his relatives makes it his principal residence or place of professional activity
His family members are:
- Her husband
- Its ascendants
- Its descendants
- The ascendants or descendants of her husband
Protected Occupant
The owner may not exercise his right of take-back in the following case:
- The occupier is over 70 years of age and his annual income is less than €32,432.40 (i.e. 1.5 times the annual amount of the gross minimum wage)
- And the beneficiary of the recovery is under 65 years of age
In all other cases, the right of recovery applies, regardless of the age and income of the occupant.
Leave letter, notice period and offer of relocation
The owner must offer a alternative accommodation in line with needs and possibilities of the occupant, unless the owner has owned the dwelling to be taken over for more than 10 years (or even for more than 4 years) or is deprived of the dwelling he occupies:
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General case: compulsory offer of relocation
The owner must provide a compliant alternative housing the needs (personal, family, professional) and opportunities (income) of the occupant.
The accommodation offered can be:
- The owner-occupied dwelling at the time of the take-back
- Or another dwelling belonging to it
- Or a dwelling belonging to a third party
Leave shall be granted to the occupant by act of the commissioner of justice.
The letter of leave shall state:
- Name and address of owner of proposed dwelling
- Address of proposed accommodation
- Number of habitable rooms
- Degree of comfort
- Rent price
- Three months after which the owner wants to take back the dwelling and during which the occupant can take possession of the proposed dwelling
- Identity of the beneficiary of the recovery, as well as his family situation and profession
The occupier may accept the proposal with written consent within one month. If the owner refuses in writing within this period or does not reply within this period, the owner shall assign it in front of protection litigation judge to obtain the return of the dwelling and the appointment of an expert.
Exception: owner of the dwelling for more than 4 or 10 years
The obligation to provide alternative accommodation does not apply to the owner:
- who obtained the housing (by purchase, donation, inheritance...) more than 10 years ago
- or who obtained the dwelling (by purchase, donation, inheritance...) more than 4 years ago, on condition that he can justify to the judge that he acquired the dwelling for the purpose of living there
Leave shall be granted to the occupant by act of the commissioner of justice at least 6 months in advance.
The letter of leave must:
- state that the right to take back is exercised pursuant to article 19 of the law of 1er september 1948
- specify the date and method of acquisition of the dwelling
- enter the name and address of the owner who is currently housing the recipient of the transfer, the location and the number of rooms of the dwelling occupied by the recipient
Exception: Evicted owner of the dwelling he occupies
The landlord does not have to offer alternative accommodation when he is in one of the following situations:
- He is evicted from a dwelling that he rents to an owner who exercises a right of return himself
- He is evicted from a dwelling that is subject to expropriation or a prohibition on living in the premises because of danger or unsanitary conditions
- He no longer benefits from the official accommodation he has occupied for more than 2 consecutive years. He must either be retired for any reason other than disciplinary action or cease his duties for a reason beyond his control
However, the beneficiary of the take-back is obliged to make available to the occupant, if possible, the dwelling which he previously occupied (for example: dwelling of which he was a tenant or owner).
Leave shall be granted to the occupant by act of the commissioner of justice at least 6 months in advance.
The letter of leave must:
- State that the right to take back is exercised under Article 20 of the Law of 1er september 1948
- Specify the category in which the owner is located
- Indicate the method and date of acquisition of the immovable
- Provide any information that would enable the occupant to verify the validity of the request
FYI
If the leave is granted by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his legal name).
Dispute of leave
In order to challenge the leave, the occupant must:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- 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.
- 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 can give the tenant time off to do some work.
To do this, the landlord must send the occupant a letter of leave and propose an alternative accommodation.
The occupant of the premises must then leave the accommodation at the latest at the end of the notice period.
Work involved
The landlord can take over the housing when he wants to do some work on it.
This may include:
- Demolition work on the building to build another one with a larger living area and more housing. The owner must obtain prior authorization from the Minister responsible for construction or his delegate.
- Elevation or addition of construction work to increase the living space, the number of dwellings or the comfort of the building. The owner must obtain prior authorization from the Minister responsible for construction or his delegate.
- Construction of residential buildings on courtyards, gardens or bare land or as accessories to a dwelling place. The new construction must not make the use of the existing premises impossible. Work must begin within 3 months of the departure of the last occupant of the building.
Alternative accommodation
The landlord must offer the occupant an alternative accommodation in accordance with his personal needs (and professional if necessary) and his possibilities (income). The accommodation must also be located:
- If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
- If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, the new dwelling must be within a radius of 5 km.
If the alternative accommodation proposed by the owner does not comply with these characteristics, the occupant is entitled, after completion of the works, to reintegrate 1 of the dwellings of the building and to remain there under the same conditions as before.
To do this, as soon as the work is completed, the owner must:
- Instruct the occupant to let him know if he wants to return to the building.
This formal notice must be given by registered letter with acknowledgement of receipt or by act of the commissioner of justice. - Inform the occupant that he must reply within one month, by registered letter with acknowledgement of receipt or by act of the commissioner of justice.
Leave letter and notice period
The letter of leave must reach the occupant by act of the commissioner of justice.
It must indicate the reason for the leave and contain the text of Article 13 and Article 13a of law no. 48-360 of 1er September 1948.
The owner must give notice 6 months to each of the occupants to empty the premises.
The occupant will be required to leave the premises and return the keys to the owner no later than 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.
FYI
If the leave is granted by an intermediary (real estate agency, property administrator or notary), the leave letter must indicate the name of the owner (or his legal name).
Dispute of leave
In order to challenge the leave, the occupant must:
- Send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible.
- 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.
- 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.
Who can help me?
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For more information
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.
For more information
Departmental Agency for Housing Information (Adil)
Empty housing: information notice in case of leave to sell or live
Furnished accommodation (lease signed since March 27, 2014)
Housing "Law 1948": leave for work (Articles 11 to 15), leave for resumption (Articles 18 to 25)