Subsequent evidence shall be provided to verify whether the leave for resumption is genuine and genuine

Service-Public.fr replies:

According to article 15 of Law No. 89-462 of July 6, 1989, a landlord may give his tenant leave to take over or sell the housing. The leave must indicate the reason for the resumption. The landlord must make the dwelling his or her primary residence.

The landlord must specify to the tenant in a letter of leave (notice):

• The reason for the leave: to take over the accommodation in order to live there or to house one of his relatives.
• The name and address of the beneficiary of the take-back.
• Where applicable, the relationship with the beneficiary.
• The reality and seriousness of the recovery.

In order for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date.

In a judgment of 12 October 2023, the Court of Cassation held that the judge may take into account elements subsequent to the grant of that leave, where they are such as to establish the lessor’s intention to resume his dwelling in order to reside as his principal residence.

In that case, the judges used, for example, as evidence of the reality and seriousness of the takeover:

• the production of invoices after the liberation of the premises by the tenants justifying the completion of major works;
• registration on the electoral lists of the municipality;
• contracts for the supply of water, gas and electricity;
• an internet subscription and a remote alarm as well as information given to tax services at the place of residence.