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Notice and formalities given by the tenant

Verified 08 septembre 2021 - Legal and Administrative Information Directorate (Prime Minister)

The tenant may at any time leave his or her dwelling permanently (social or private housing, including housing subject to the 1948 law). However, he must inform the owner beforehand. For this he owes it to him leave (by bailiff's deed, registered letter or letter handed in by the head of staff) and respect a period of notice. This period shall begin on the day on which the owner actually becomes aware of the leave.

Empty Housing

The tenant who wants to leave his house must give leave (notice) the owner by one of the following means:

  • Recommended letter with notice of receipt
  • Act of bailiff
  • Handling against outflow or receipt

After giving leave, the tenant can no longer reverse his decision. In order to reverse his decision, he must obtain the agreement of the owner.

  Warning : leave given by email is invalid.

In practice, the following information should be provided:

  • Effective date of the leave (this date is the end of the notice period, unless otherwise agreed by the owner)
  • If the tenant receives 1 month's notice given his/her situation (accommodation located in stretch , loss of employment, state of health ...), he must indicate this reason in the leave and attach a supporting document. Note that if no reason is given, a 3 month notice applies.

The leave can be written from this letter template:

Letter to give notice to the owner of the empty accommodation you live in

National Institute of Consumer Affairs (INC)

The notice period depends on the location of the accommodation.

You can use this simulator to determine whether or not the accommodation is in a tight area:

Check that a housing is in a tense area

Directorate of Legal and Administrative Information (Dila) - Prime Minister

Tense Area

Notice is 1 month.

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

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

Other

General case

Notice period: 3 months.

The tenant does not have to indicate the reason for leaving the accommodation.

When the tenant leaves and returns the keys before the end of the notice, the time limit can be reduced proportionately, if the landlord accepts a new tenant or does heavy renovation work.

Tenant who gets social housing

Notice period: 1 month

The tenant must indicate this situation in the leave and provide a justification.

Active Solidarity Income (RSA) or Adult Disability Allowance (AAH)

Notice period: 1 month.

The lessee must indicate in the leave that he/she receives the RSA or the AAH and must provide a justification.

If the tenant does not do so, the 3 month notice applies.

  FYI : the tenant, who does not receive such aid but whose resources are equal to the amount of such aid, must respect a notice of 3 months.

Tenant whose health warrants a change of domicile

Notice period: 1 month.

The tenant must state his/her health status on the leave and provide a proof of health (e.g. a medical certificate).

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

1st job

Notice period: 1 month.

The tenant must indicate this situation in the leave and provide a justification. For example, the date of membership of the social security scheme may be used to certify that it is 1to employment.

  FYI : If a CDD changes to CDI, the CDI is not considered a 1to employment, unless the judge decides otherwise.

Job Loss

Notice period: 1 month.

The tenant must indicate this situation in the leave and provide a justification.

Job loss must precede, and be close to, the mail. In the event of a dispute, the judge shall determine on a case-by-case basis whether the leave is late or not following a loss of employment.

New employment following loss of employment

Notice period: 1 month.

The tenant must indicate this situation in the leave and provide a justification.

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

  FYI : notice 3 months applies in the case of new employment, if the tenant was unemployed when he signed the lease of the dwelling he wants to leave.

Business transfer (change of workplace)

Notice period: 1 month (3 months if the tenant is engaged in a business).

The tenant must indicate this situation 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 initiated by the employee or the employer. It is not subject to any conditions of geographical remoteness.

Retirement

Notice of 3 months dialogue box.

Resignation

Notice of 3 months dialogue box.

Termination of Unemployment Insurance

Notice of 3 months dialogue box.

Stopping a Liberal Activity

Notice of 3 months dialogue box.

Tenant who has been the victim of domestic violence or violence against the child who usually lives with him

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

  • The tenant is the beneficiary of a protection order
  • Her husband, partner of Civil partnerships or concubin is subject to prosecution, or an alternative procedure to prosecution, or a conviction (final or not)

The tenant must indicate this situation in the leave and provide a justification.

The notice period runs from the day:

  • receipt of the letter recommended by the owner (the day he takes possession of it)
  • or service of the bailiff's deed
  • or hand-over against receipt or outflow.

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1 month notice: calculation rule

A leave of absence received by the owner on September 5 shall be given notice until midnight (October 5, not until October 30).

If the numbers 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.

3 months notice: calculation rule

A leave of absence received by the owner on September 5 shall cause notice to be given until midnight December 5 (not until December 31).

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.

  Warning : If the registered letter has not been delivered to the absent owner and has been returned to the tenant, the leave is not valid.

If the letter is received or delivered late, the end of the notice is postponed accordingly.

The tenant must pay the rents and rental charges throughout the period of notice, unless the accommodation is occupied by a new tenant and in agreement with the landlord.

  FYI : in colocation, the tenant who is the only person giving leave may be required to pay the rent and expenses after the end of his notice, in some cases.

The tenant of deduct from his last rents the amount of his security deposit.

During the last month of the notice period, the rent due by the tenant is determined in proportion to the number of days remaining in the month.

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1 month notice: examples of amounts due last month

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

Last month

The date the owner received the mail

End date of 1 month notice

Amount of rent and charges to be paid for last month's notice

30 day month

5 May 2021

5 June 2021

5/30e (June = 30 days)

31 day month

5 June 2021

5 July 2021

5/31e (July = 31 days)

28 day month

5 January 2021

5 February 2021

5/28e (February 2021 = 28 days)

Month of 29 days

5 January 2020

5 February 2020

5/29e (February 2020 = 29 days)

3 months notice: examples of amounts due last month

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

Last month

The date the owner received the mail

End date of 3 months notice

Amount of rent and charges to be paid for last month's notice

30 day month

5 March 2021

5 June 2020

5/30e (June = 30 days)

31 day month

5 April 2021

5 July 2020

5/31e (July = 31 days)

28 day month

5 November 2020

5 February 2021

5/28e (February 2021 = 28 days)

Month of 29 days

5 November 2019

5 February 2020

5/29e (February 2020 = 29 days)

Furnished accommodation

The tenant who wants to leave his house must give leave (notice) the owner by one of the following means:

  • Recommended letter with notice of receipt
  • Act of bailiff
  • Handling against outflow or receipt

After giving leave, the tenant can no longer reverse his decision. In order to reverse his decision, he must obtain the agreement of the owner.

  Warning : leave given by email is invalid.

In practice, the effective date of the leave (this date is set at the end of the notice period, unless the owner agrees to another date).

The leave can be written from this letter template:

Letter to give notice to the owner of the furnished accommodation you live in

National Institute of Consumer Affairs (INC)

The lessee may terminate the lease at any time provided that a notice period of 1 month is met, including when the term of the lease is only 9 months (lease granted to a student).

The tenant does not have to give the reason for his departure from the accommodation, nor provide any supporting documents.

The notice period runs from the day:

  • receipt of the letter recommended by the owner (the day he takes possession of it)
  • or service of the bailiff's deed
  • or hand-over.

  Warning : If the registered letter has not been delivered to the absent owner and has been returned to the tenant, the leave is not valid.

If the registered letter is received or delivered late, the end of the notice is postponed accordingly.

For example, a leave of absence received by the owner on September 5 requires notice to run until midnight (not until October 30).

If the numbers 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.

The tenant must pay the rents and rental charges throughout the period of notice, unless the accommodation is occupied by a new tenant and in agreement with the landlord.

  FYI : in colocation, the tenant who is the only person giving leave may be required to pay the rent and expenses after the end of his notice, in some cases.

The tenant of deduct from his last rents the amount of his security deposit.

During the last month of the notice period, the amount of rent and expenses due by the tenant shall be determined in proportion to the number of days remaining in the month.

Examples of amounts payable in the last month:

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

Last month

The date the owner received the mail

End date of 1 month notice

Amount of rent and charges to be paid for last month's notice

30 day month

5 May 2021

5 June 2021

5/30e (June = 30 days)

31 day month

5 June 2021

5 July 2021

5/31e (July = 31 days)

28 day month

5 January 2021

5 February 2021

5/28e (since February 2021 = 28 days)

Month of 29 days

5 January 2020

5 February 2020

5/29e (February 2020 = 29 days)