Social housing (HLM): can the lessor terminate the lease?
Verified 11 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
The lease of social housing is indefinite. But this lease can be terminated by the lessor, especially when the tenant does not respect certain rules or conditions to live in a social housing:
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Income too high
Each year, the lessor sends you a resources survey that you must complete and return to him.
Your lease can be terminated if the resources survey shows, for the 2e year in which the annual income of persons housed exceeds a certain amount. This amount is equivalent to 1.5 times the maximum income to obtain a social housing PLS :
People housed | Total annual income above which housing must be returned to the lessor | ||||
---|---|---|---|---|---|
Paris and neighboring municipalities | Other municipalities of Île-de-France | Province | Overseas | ||
1 | 1 person alone | €49,071 | €49,071 | €42,662 | €38,395 |
2 | 2 people | €73,341 | €73,341 | €56,973 | €51,275 |
Young couple | €96,140 | €88,159 | €68,513 | €61,661 | |
1 person + 1 dependent | €96,140 | €88,159 | €68,513 | €61,661 | |
3 | 3 people | €96,140 | €88,159 | €68,513 | €61,661 |
1 person + 2 dependants | €114,786 | €105,600 | €82,713 | €74,441 | |
4 | 4 people | €114,786 | €105,600 | €82,713 | €74,441 |
1 person + 3 dependants | €136,570 | €125,010 | €97,301 | €87,570 | |
5 | 5 people | €136,570 | €125,010 | €97,301 | €87,570 |
1 person + 4 dependants | €153,677 | €140,676 | €109,660 | €98,694 | |
6 | 6 people | €153,677 | €140,676 | €109,660 | €98,694 |
The lessor will inform you of your situation as soon as the results of the resources survey show, for the seconde year in succession, exceeding the maximum authorized.
You must leave the premises within 18 months from 1er January of the year following the results of the survey showing, for the seconde year in succession, an overrun of the maximum permitted.
Example :
For exceedances in 2021 and 2022 (2 consecutive years):
- The deadline runs from 1er january 2023
- The accommodation must be vacated no later than 1er july 2024
The lessor notifies you, by registered letter with notice of receipt or by act of commissioner of justice (formerly act of bailiff), the deadline of departure 6 months before the end of the 18-month period.
The landlord does not have to make you a relocation proposal.
This procedure stops if you meet at least one of the following 2 conditions:
- during the 18-month period, you inform your lessor that your income has fallen below a certain amount. This amount corresponds to the maximum revenues for the allocation social housing PLS (so-called social rental loan)
- you reach the age of 65 until the year in which appears for the 2e consecutive times the maximum allowed has been exceeded
Example :
If your income is too high in 2021 and 2022, the procedure stops if you reach the age of 65 in 2021 or 2022.
People housed | Maximum allowed to stay in the home after a drop in income | ||||
---|---|---|---|---|---|
Paris and neighboring municipalities | Other municipalities of Île-de-France | Province | Overseas | ||
1 | 1 person alone | €32,715 | €32,715 | €28,441 | €25,597 |
2 | 2 people | €48,894 | €48,894 | €37,982 | €34,184 |
Young couple | €64,094 | €58,773 | €45,676 | €41,108 | |
1 person + 1 dependent | €64,094 | €58,773 | €45,676 | €41,108 | |
3 | 3 people | €64,094 | €58,773 | €45,676 | €41,108 |
1 person + 2 dependants | €76,525 | €70,400 | €55,142 | €49,628 | |
4 | 4 people | €76,525 | €70,400 | €55,142 | €49,628 |
1 person + 3 dependants | €91,047 | €83,340 | €64,867 | €58,381 | |
5 | 5 people | €91,047 | €83,340 | €64,867 | €58,381 |
1 person + 4 dependants | €102,452 | 93,785 | €73,107 | €65,796 | |
6 | 6 people | €102,452 | 93,785 | €73,107 | €65,796 |
The obligation to leave your home does not apply, regardless of your income:
- if you are 65 years of age or older
- or if you are handicapped person or if you have a person with a disability
- or if your accommodation is located in a priority area of city politics
Rent and unpaid charges
Failure to pay your rent and expenses on the scheduled date may result in the termination of your lease, after a decision by the judge.
Be careful, expulsion can be automatic if rescission clause applies. In practice, this clause exists in most leases. In the event of a cancelation clause, the lessor first sends you a payment order. If you do not pay within 2 months, the landlord can ask the judge to find that the lease is terminated and order the eviction. The judge may, however, decide to give you a delay in payment if he or she considers that you are able to pay your debt. If you pay on time, you can stay in the accommodation.
Neighborhood disorders
If you cause neighborhood problems, the lessor sends you a formal notice to comply with the obligation to use leased premises peacefully. If you do not comply with this obligation, the lessor has the following 2 options:
- Either ask the judge directly for your eviction, without making you any offer of alternative accommodation.
- Either offer you a relocation offer corresponding to your needs in order to bring calm in the building. In this case, he sends you this proposal by registered letter with acknowledgement of receipt. If you refuse or fail to reply after a period of one month, the landlord can ask the judge for your expulsion.
In any case, a period of 3 months must elapse between your subpoena in court and the date of the hearing.
If your lease contains a rescission clause (this is the most common case), the judge automatically orders your expulsion. If your lease does not contain this clause, the judge can take your situation into account.
If the judge orders your eviction, you will have at least 2 months to leave the accommodation. However, if you have refused any proposals for relocation, the judge may reduce or abolish this minimum 2-month period.
FYI
If you are the victim of nuisance from another accommodation, you can inform the social landlord of the nuisance you are experiencing. If the lessor does not intervene, you can to bring proceedings before the court to incur the liability of the lessor.
"Resource Survey" left unanswered
Each year, the lessor sends the tenant a resources survey.
Your lease can be terminated when you fail to respond for 2 consecutive years to theresources survey and that your accommodation is located in zones A, Abis or B1.
To find out if your municipality is affected, you can use this simulator:
Know the area of his commune: A, Abis, B1, B2 or C
You must then leave the accommodation within 18 months from 1er January of the year following these two consecutive years.
Example :
If you do not respond to theresources survey in 2022 and 2023 (2 consecutive years):
- the period shall run from 1er january 2024
- the accommodation must be vacated no later than 1er july 2025
The landlord does not have to make you a relocation proposal.
Six months before the end of the 18-month period, the lessor shall inform you, by registered letter with request for acknowledgement of receipt or by bailiff's act (now called commissioner of justice), the date on which you must have left the accommodation.
The obligation to leave your home disappears when you meet at least 1 of the following conditions:
- You reach the age of 65, up to the age of 2e consecutive year with no response toresources survey
- During the 18-month period, you send the lessor the documents and information requested in theresources survey and that proves your income is less than the maximum income for the allocation of a social housing PLS.
Example :
If you do not respond to theresources survey in 2023 and 2024, the procedure stops if you reach the age of 65 in 2023 or 2024.
People housed | Maximum income for allocation of social housing PLS | ||||
---|---|---|---|---|---|
Paris and neighboring municipalities | Other municipalities of Île-de-France | Province | Overseas | ||
1 | 1 person alone | €32,715 | €32,715 | €28,441 | €25,597 |
2 | 2 people | €48,894 | €48,894 | €37,982 | €34,184 |
Young couple | €64,094 | €58,773 | €45,676 | €41,108 | |
1 person + 1 dependent | €64,094 | €58,773 | €45,676 | €41,108 | |
3 | 3 people | €64,094 | €58,773 | €45,676 | €41,108 |
1 person + 2 dependants | €76,525 | €70,400 | €55,142 | €49,628 | |
4 | 4 people | €76,525 | €70,400 | €55,142 | €49,628 |
1 person + 3 dependants | €91,047 | €83,340 | €64,867 | €58,381 | |
5 | 5 people | €91,047 | €83,340 | €64,867 | €58,381 |
1 person + 4 dependants | €102,452 | 93,785 | €73,107 | €65,796 | |
6 | 6 people | €102,452 | 93,785 | €73,107 | €65,796 |
In any case, you cannot be forced to leave your accommodation when you meet at least 1 of the following conditions:
- You are 65 years of age or older
- You are handicapped person or that you have a person with a disability
- Your accommodation is located in a priority area of city politics
Subletting of accommodation
The subletting of part of the dwelling is permitted, under certain conditions.
But he is forbidden to sublet all accommodation. If you do not comply with this prohibition, the lessor may bring the matter before the judge for resilia your lease.
Assignment of housing
It is forbidden to give up (free or not) your accommodation.
If you do not comply with this prohibition, the lessor may bring the matter before the judge for resilia your lease.
Exchange of dwellings
The exchange of dwellings between tenants is allowed, under certain specific conditions (size of dwellings, composition of families, etc.).
In all other cases, you must obtain the agreement of the lessor. If you do not comply with this obligation, the lessor can ask the judge to terminate your lease.
Housing that has become too large ("under-occupied housing")
If your accommodation is under-occupied, your landlord must offer you at least 3 new housing units adapted to your needs, even if you exceed the maximum revenues for the allocation of a social housing unit.
These proposals must meet the following three characteristics:
- Respect the decency criteria
- Have a rent lower than the one you are leaving
- Be located close to the accommodation you are leaving. In Paris, Lyon and Marseille, the accommodation must be located in the same arrondissement, or in a neighboring arrondissement that may or may not belong to your municipality. If your municipality is divided into cantons, it must be located in the same canton or in a neighboring canton which may or may not belong to your municipality. In all other cases, it must not be located more than 5 km from the accommodation you are leaving.
If you accept one of these units, you receive mobility assistance.
This aid covers the following costs:
- Moving expenses. Either the landlord will finance your move up to €1,000 and chooses the company of removal, or he pays you the lump sum of €400 to cover moving expenses. This payment shall take place within one month of the return of the keys of the former dwelling.
- Charges for opening, closing or transferring subscriptions to water, electricity, gas and telephone networks
- The work to upgrade the quality of the proposed new housing unit compared to the old one. At your request, the landlord does this work before the move-in, up to a certain amount.
Number of dependants of the tenant | Amount payable by the lessor |
---|---|
None | €1,500 |
1 person | €2,000 |
2 people | €2,500 |
3 people | €3,000 |
4 people | €3,500 |
Per additional person | + €500 |
In some geographical areas, the 3e The offer of accommodation is accompanied by the letter of notice (leave) given by your landlord. If this offer is rejected, your lease will be terminated. You must leave the premises within 6 months of notification of this 3e offer of relocation.
But you cannot be forced to leave your homeeven when your home becomes under-occupied, if you are in any of the following situations:
- You're over 65
- You are handicapped person
- You have a loss of physical or mental autonomy
- You have a dependant handicapped person
- You have a dependent with a loss of physical or mental autonomy.
Persons considered to be persons living at home are the following:
- Yourself (applicant)
- Your co-applicant : Civil partnerships' or cohabiting spouse or partner, or a member of your family who is not dependent on you (only grandfather, grandmother, mother, father, son, daughter, granddaughter, grandson, brother, sister)
- Persons and children listed on your tax notice or that of your co-applicant
These include children with disabilities of all ages, children under the age of 21 (including alternating care if declared at the home of each parent), students under the age of 25, and persons with a disability-inclusive mobility card (or disability card).
The disabled person has left the accommodation adapted to his disability
If you have social housing adapted to the handicap and you are under 65, the landlord can terminate your lease if the disabled person no longer occupies the dwelling.
The landlord must offer you at least 3 accommodations adapted to your needs.
These dwellings must meet the following characteristics:
- Respect the decency criteria
- Have a rent lower than the one you are leaving
- Be located close to the accommodation you are leaving. In Paris, Lyon and Marseille, the accommodation must be located in the same arrondissement, or in a neighboring arrondissement that may or may not belong to your municipality. If your municipality is divided into cantons, it must be located in the same canton or in a neighboring canton which may or may not belong to your municipality. In all other cases, it must not be located more than 5 km from the accommodation you are leaving.
If you accept 1 of these units, you receive mobility assistance.
This aid covers the following costs:
- Moving expenses. The lessor shall pay the removal company up to €1,000 he chooses or, if you refuse, he pays you the lump sum of €400 to cover your moving expenses. This payment takes place within a month after the keys of the accommodation you leave.
- The costs of opening, closing or transferring subscriptions to the water, electricity, gas and telephone networks.
- The work to upgrade the quality of the proposed new housing unit compared to the old one. At your request, the landlord does this work before the move-in and does so, up to a certain amount:
Number of dependants of the tenant | Amount payable by the lessor |
---|---|
None | €1,500 |
1 person | €2,000 |
2 people | €2,500 |
3 people | €3,000 |
4 people | €3,500 |
Per additional person | + €500 |
If you refuse the 3 housing proposals, your lease can be terminated.
You will then have to leave the accommodation:
- at the end of a period of six months
- or, in the event of the death of a disabled person in your care, at the end of an 18-month period
That period shall run from notification of the 3e offer of accommodation.
Housing not sufficiently occupied during the year
Your accommodation must be occupied at least 8 months a year, unless there are legitimate reasons (professional obligation, health reason, or force majeure), by you or the people who usually live there.
If not, the lessor may issue you a subpoena in court within 3 months before the hearing. If the judge orders your eviction, you will have 2 to 3 months to leave the accommodation.
Housing to be demolished
If your home needs to be demolished, your landlord must offer you at least 3 new homes adapted to your needs and income. The new unit must also be located close to the unit you are leaving.
General case
Commune divided into cantons
The proposed accommodation must be:
- in your township
- or in the neighboring cantons, whether or not they belong to your municipality
Other municipality
The proposed accommodation must not be more than 5 km from the accommodation you are leaving.
Paris, Lyon, Marseille
The proposed accommodation must be:
- in your district
- or in neighboring districts, whether or not they belong to your municipality.
Who can help me?
Find who can answer your questions in your region
- Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry in charge of housing and city planning.
Cost: free service
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Departmental Agency for Housing Information (Adil)
- Construction and housing code: articles L442-1 to L442-12Maximum income (L442-3-3, L442-4) Demolition (L442-6) Sub-occupation (L442-3-1) Disability (L442-3-2)
- Law No. 89-462 of 6 July 1989 on rental relationships: article 4Termination clause
- Law No. 89-462 of 6 July 1989 on rental relationships: article 24Non-payment of rent and charges
- Construction and housing code: article L442-4-1Neighborhood disorders: resettlement
- Code of Civil Enforcement Procedures: Articles L412-1 to L412-8Neighborhood Disorders: Departure Time: L412-1, L142-2, L412-5
- Construction and housing code: article L442-3-5Illegal subleasing or transfer or exchange, Insufficient tenure
- Law No. 89-462 of 6 July 1989 on rental relationships: article 2Insufficient occupancy time
- Law No. 48-1360 of 1 September 1948 on rental relationships: article 10Unoccupied dwelling
- Construction and housing code: article L621-2Persons having as their principal residence the dwelling
- Construction and housing code: articles R442-1 to R442-5Amount of mobility aid: R442-3-2
- Construction and housing code: article L442-3-4Resources Survey Not Responded
- Law No. 48-1360 of 1 September 1948 on rental relationshipsDemolition: Article 13a
FAQ
- Is your address a priority area in city politics?Ministry responsible for the city