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Notice and formalities given by the tenant

Verified 01 September 2022 - Legal and Administrative Information Directorate (Prime Minister)

As a tenant, you can permanently leave the housing you live in (social or private housing, including housing subject to the 1948 law). But you must inform the landlord or the owner (or the real estate agency if the house is managed by an agency) in advance. To do this, you must leave and a notice period. This period is different depending on whether it is an empty or furnished rented dwelling.

Blank

As a tenant, you have to give leave (we also talk about notice) to the landlord or landlord (or estate agency if the dwelling is managed by an agency) by one of the following means:

  • Recommended letter with notice of receipt
  • Act of Commissioner of Justice (formerly Act of Judicial Officer)
  • Discount against outflow or receipt signed

After you leave, you can't change your mind. To be able to reverse your decision, you must obtain the agreement of the landlord or the owner (or the real estate agency if the housing is managed by an agency)

Warning  

a leave given by email is invalid.

The notice period depends on the location of your accommodation.

Depending on its location, the accommodation may be located in stretch or not.

To find out if your accommodation is in a tight area, you can use this simulator:

Check that a housing is in a tense area

Tense Area

Notice is 1 month.

You must indicate on the leave that the accommodation is in a tense zone and provide proof of this.

To do this, you must provide a copy of the decree listing communes in tense zone and highlight the name of the municipality concerned in the table annexed to the decree.

Other

General case

The notice period is 3 months.

You do not have to give the reason for your departure.

In case you leave and return the keys before the end of the notice, the notice period may be reduced by the same proportion, if the landlord accepts a new tenant or if he undertakes heavy renovations.

You get social housing

The notice period is 1 month.

You must indicate this in the leave and provide a justification.

You get RSA or AAH

The notice period is 1 month.

You must indicate in the leave that you receive on RSA: titleContent orAAH: titleContent and you have to provide proof.

If you do not do so, the 3 month notice applies.

FYI  

if you do not receive the aid, but your resources are equal to the amount of the aid, a notice period of 3 months dialogue box.

Your medical condition justifies a change of domicile

The notice period is 1 month.

You must state your health status on the leave and provide a justification (for example, a medical certificate).

Warning  

notice 3 months applies in case of simple physical or mental fatigue, even if medically observed.

You get your first job

The notice period is 1 month.

You must indicate this in the leave and provide a justification. For example, a document with the date of social security membership may be used to certify that this is your 1to employment.

FYI  

If a CDD changes to CDI, the CDI is not considered a 1to employment, unless protection litigation judge decide differently.

You lose your job

The notice period is 1 month.

You must indicate this in the leave and provide a justification.

Loss of employment must precede and be close to your leave. In case of dispute, protection litigation judge determines on a case-by-case basis whether or not leave is delayed due to loss of employment.

New employment following loss of employment

The notice period is 1 month.

You must indicate this in the leave and provide a justification.

Loss of employment and new employment must occur during the same lease.

FYI  

notice 3 months applies for new employment, if you were unemployed when you signed the lease for the home you want to leave.

Employee job transfer (change of workplace)

You're salaried

Notice period: 1 month

You must indicate this in the leave and provide a justification.

The transfer date must be close to the date the leave was sent (several months must not have passed).

The transfer can be at your initiative or at the initiative of your employer. It is not subject to any conditions of geographical remoteness.

Other

Notice of 3 months dialogue box.

You're retiring

Notice of 3 months dialogue box.

You quit

Notice of 3 months dialogue box.

You're at the end of unemployment insurance rights

Notice of 3 months dialogue box.

You are self-employed, and stop your activity (example: professional)

Notice of 3 months dialogue box.

You are a victim of violence within your couple or the child usually living with you is raped

Notice of 1 month applies in any of the following situations:

  • You are a beneficiary of a protection order
  • Your spouse, partner of Civil partnerships: titleContent or concubin is subject to prosecution or an alternative procedure to prosecution or a conviction (final or not)

You must indicate this in the leave and provide a justification.

The start of the notice depends on how your leave is sent:

  • For a registered letter with notice of receipt, this is the day on which the registered letter is received, that is, the day on which the addressee takes possession of it.
    Therefore, if the registered letter has not been delivered to its absent recipient and has been returned to you, the leave is not valid. Similarly, if the letter is received late or is delivered late, the end of the notice is postponed accordingly.
  • For act of commissioner of justice, this is meaning (for example, the day the leave is deposited in the recipient's mailbox)
  • For a hand-over against an outflow or a signed receipt, this is the day on which the leave is handed over to its recipient by hand, against an outflow or a signed receipt

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Example for 1 month notice 

If the recipient received the leave on 5 September, the notice runs until 5 October at midnight (not until 30 October).

If the dates are not the same, this is the last day of this month. For example, a notice that begins on January 30 expires on February 28, or on February 29 in the case of a leap year.

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

Example for 3 months notice

If the recipient received the leave on 5 September, the notice runs until 5 December at midnight (not until 31 December).

If the numbers are not the same, this is the last day of this month. For example, a notice that began on November 30 expires on February 28 (or February 29 in the case of a leap year).

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

You can compose your leave from this letter template:

Letter to give notice to the owner of the house you live in

Warning  

If your situation (accommodation in stretch , loss of employment, state of health ...) entitles you to one month's notice, you must indicate this reason in your leave and attach a supporting document. Please note that if you do not provide a reason, the 3 month notice period applies.

You must pay the rents and rental charges throughout the period of notice, unless the accommodation is occupied before the end of the notice by a new tenant and in agreement with the landlord or the landlord or real estate agency.

FYI  

in colocation, if you are the only one giving leave, you may be required to pay the rent and expenses after the end of your notice, in some cases.

You can't deduct from your last rents the amount of the security deposit you paid.

If the notice period ends during the month, the amount of rent and expenses you owe for that month is proportional to the number of days you disposed of the accommodation:

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Examples for 1 month notice

Tenant: examples of the amount payable for the last month of notice (1 month notice)

Last month of notice

Start of notice

End of 1 month notice

Amount due last month's notice

30 day month

Example: June 2022

5 May 2022

5 June 2022

5/30e

31 day month

Example: July 2022

5 June 2022

5 July 2022

5/31e

28 day month

Example: February 2022

5 January 2022

5 February 2022

5/28e

Month of 29 days

Example: February 2020

5 January 2020

5 February 2020

5/29e

Examples for 3 months notice

Tenant: examples of the amount payable for the last month's notice (3 months' notice)

Last month of notice

Start of notice

End of 3 months notice

Amount due last month's notice

30 day month

Example: June 2022

5 March 2022

5 June 2022

5/30e

31 day month

Example: July 2022

5 April 2022

5 July 2022

5/31e

28 day month

Example: February 2022

5 November 2021

5 February 2022

5/28e

Month of 29 days

Example: February 2020

5 November 2019

5 February 2020

5/29e

Furnished

As a tenant, you have to give leave (we also talk about notice) to the landlord or landlord (or estate agency if the dwelling is managed by an agency) by one of the following means:

  • Recommended letter with notice of receipt
  • Act of Commissioner of Justice (formerly Act of Judicial Officer)
  • Discount against outflow or receipt signed

After you leave, you can't change your mind. To be able to reverse your decision, you must obtain the agreement of the landlord or the owner (or the real estate agency if the housing is managed by an agency)

Warning  

a leave given by email is invalid.

You can terminate the lease at any time. But you must respect a 1-month notice period, including when the lease term is only 9 months (for example, when the accommodation is rented to a student).

You do not have to give the reason for your departure from the accommodation, nor do you have to provide proof of your departure.

The start of the notice depends on how your leave is sent:

  • For a registered letter with notice of receipt, this is the day on which the registered letter is received, that is, the day on which the addressee takes possession of it.
    Therefore, if the registered letter has not been delivered to its absent recipient and has been returned to you, the leave is not valid. Similarly, if the letter is received late or is delivered late, the end of the notice is postponed accordingly.
  • For act of commissioner of justice, this is meaning (for example, the day the leave is deposited in the recipient's mailbox)
  • For a hand-over against an outflow or a signed receipt, this is the day on which the leave is handed over to its recipient by hand, against an outflow or a signed receipt

Example :

Leave received by the addressee on 5 September shall be given notice until 5 October at midnight (not until 30 October).

If the dates cannot be the same, this is the last day of this month. For example, a notice that began on January 30 expires on February 28 (or February 29 in the case of a leap year).

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

You can compose your leave from this letter template:

Letter to give notice to the owner of the house you live in

You must pay the rents and rental charges throughout the period of notice, unless the accommodation is occupied before the end of the notice by a new tenant and in agreement with the landlord, owner or real estate agency.

FYI  

in colocation, if you are the only one giving leave, you may be required to pay the rent and expenses after the end of your notice, in some cases.

You can't deduct from your last rents the amount of the security deposit you paid.

If the notice period ends during the month, the amount of rent and expenses you owe for that month is proportional to the number of days you disposed of the accommodation:

Tenant: examples of amount payable for last month's notice (1 month's notice)

Last month of notice

Start of notice

End of 1 month notice

Amount due for last month's notice

30 day month

Example: June

5 May

5 June

5/30e

31 day month

Example: July

5 June

5 July

5/31e

28 day month

Example: February 2022

5 January 2022

5 February 2022

5/28e

Month of 29 days

Example: February 2020

5 January 2020

5 February 2020

5/29e

Letter to give notice to the owner of the house you live in

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