Social Housing (HLM): Can the landlord cancel the lease?
Verified 11 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
The lease of social housing is of an indefinite duration. But this lease can be terminated by the landlord, especially when the tenant does not comply with certain rules or conditions to live in a social housing:
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Income Too High
Every year, the lessor sends you a resources survey that you have to fill out and send back.
Your lease can be terminated if resources survey for the 2e year in a row that the annual income of the persons in the dwelling is greater than a certain amount. This amount is equivalent to 1.5 times the maximum income to get a social housing PLS ::
Accommodation | Total annual income above which the dwelling must be returned to the landlord | ||||
---|---|---|---|---|---|
Paris and neighbouring communes | Other communes of Ile-de-France | Province | Overseas | ||
1 | 1 person | €49,072 | €49,072 | €42,662 | €38,396 |
2 | 2 people | €73,341 | €73,341 | €56,973 | €51,276 |
Young couple | €96,141 | €88,160 | €68,513 | €61,662 | |
1 person + 1 dependant | €96,141 | €88,160 | €68,513 | €61,662 | |
3 | 3 people | €96,141 | €88,160 | €68,513 | €61,662 |
1 person + 2 dependants | €114,787 | €105,600 | €82,713 | €74,442 | |
4 | 4 people | €114,787 | €105,600 | €82,713 | €74,442 |
1 person + 3 dependants | €136,570 | €125,011 | €97,301 | €87,571 | |
5 | 5 people | €136,570 | €125,011 | €97,301 | €87,571 |
1 person + 4 dependants | €153,678 | €140,677 | €109,660 | €98,694 | |
6 | 6 people | €153,678 | €140,677 | €109,660 | €98,694 |
The lessor informs you of your situation as soon as the results of resources survey show thate year in succession, exceeding the maximum allowed.
You must leave the premises within 18 months from the 1to January of the year following the results of the survey showing, for the 2e year in succession, an excess of the maximum allowed.
Example :
For overshooting in 2021 and 2022 (2 consecutive years):
- The deadline runs from 1to January 2023
- You must leave the house by the 1to July 2024
The lessor notifies you, by registered letter with notice of receipt or by act of Commissioner of Justice (formerly act of judicial officer), the departure deadline 6 months before the end of the 18-month period.
The landlord does not have to make any 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 become less than a certain amount. This amount is the maximum revenue for the allocation social housing PLS (called social rental loan)
- you reach the age of 65 until the year that appears for the 2e consecutive times the maximum allowed
Example :
For income too high in 2021 and 2022, the procedure stops if you reach the age of 65 in 2021 or in 2022.
Accommodation | Maximum allowed to stay in a home after a drop in income | ||||
---|---|---|---|---|---|
Paris and neighbouring communes | Other communes of Ile-de-France | Province | Overseas | ||
1 | 1 person | €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 dependant | €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 or older
- or disabled or if you are dependent on a disabled person
- or if your accommodation is located in a city policy priority area
Rent and unpaid charges
Failure to pay your rent and expenses on the scheduled date may result in the termination of your lease, following a decision by the judge.
Attention, eviction can be automatic if resolution clause dialogue box. In practice, this clause exists in most leases. In case of a resolute clause, the lessor first sends you a command to pay. If you do not pay within 2 months, the landlord can appeal to the judge to find that the lease is terminated and order the eviction. However, the judge may decide to grant you a time limit if he or she believes that you are able to pay your debt. If you pay on time, you can stay in the accommodation.
Neighbourhood Disorder
If you are the cause of a neighbourhood disturbance, the lessor sends you a warning to comply with the obligation peacefully use rented premises. 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 any offer of resettlement.
- Either offer you a rehousing offer that meets your needs in order to bring calm to the building. In this case, he sends you this proposal by registered letter with acknowledgement of receipt. In case of refusal or lack of response from you after a period of one month, the lessor can ask the judge for your expulsion.
In all cases, a 3 month period must elapse between your assignment the court and the date of the hearing.
If your lease contains resolution clause (this is the most common case), the judge automatically orders your expulsion. If your lease does not contain this clause, the judge may consider your situation.
If the judge orders your eviction, you will have at least 2 months to leave the house. However, if you have refused any relocation proposals, the judge can reduce or remove this minimum 2-month period.
FYI
If you are the victim of nuisance from another dwelling, you can inform the social landlord of the nuisance you are experiencing. If the lessor does not intervene, you can court to take responsibility for the lessor.
"Resource Survey" left unanswered
Each year, the landlord addresses the tenant one resources survey.
Your lease may be terminated when you do not respond for 2 consecutive years to theresources survey and your accommodation is located in zones A, Abis or B1.
To find out if your community is concerned, you can use this simulator:
Know the area of the municipality: A, Abis, B1, B2 or C
You must leave the accommodation within 18 months from the 1to January of the year following those 2 consecutive years.
Example :
If you do not respond toresources survey in 2022 and 2023 (2 consecutive years):
- the period shall run from 1to January 2024
- you must leave the house by the 1to July 2025
The landlord does not have to make any relocation proposal.
Six months before the end of the 18-month period, the lessor shall inform you, by registered letter with acknowledgement of receipt or by act of bailiff (now called the 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, until the 2nde consecutive year without reply toresources survey
- During the 18-month period, you send the documents and information requested in theresources survey and that prove that your income is below the maximum income for the allocation of social housing PLS.
Example :
If you do not respond toresources survey in 2023 and 2024, the procedure stops if you reach the age of 65 in 2023 or 2024.
Accommodation | Maximum income for social housing PLS | ||||
---|---|---|---|---|---|
Paris and neighbouring communes | Other communes of Ile-de-France | Province | Overseas | ||
1 | 1 person | €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 dependant | €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 home when you meet at least 1 of the following conditions:
- You are 65 or older
- You disabled or that you have a disabled person
- Your accommodation is located in a city policy priority area
Subletting of accommodation
The subletting of part of the accommodation is permitted, conditions.
But it not to sub-rent all the accommodation. If you do not comply with this prohibition, the landlord may refer the matter to the judge for resilience your lease.
Transfer of housing
It is forbidden to give up your accommodation (free or not).
If you do not comply with this prohibition, the landlord may refer the matter to the judge for resilience your lease.
Exchange of accommodation
Exchange of accommodation between tenants is permitted, under certain special conditions (size of lodgings, composition of families ...).
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 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 income for the allocation of social housing.
These proposals must meet the following 3 characteristics:
- Meet criteria of decency
- Have a lower rent than the one of the accommodation you leave
- Be located close to the accommodation you leave. In Paris, Lyon and Marseille, the accommodation must be located in the same arrondissement, or in a neighbouring district that belongs to your commune or not. If your commune is divided into cantons, it must be located in the same canton or in a neighbouring canton that belongs to or does not belong to your commune. In all other cases, it should not be located more than 5 km from the accommodation you leave.
If you accept one of these accommodations, you will benefit from a mobility aid.
This aid shall cover the following costs:
- Moving expenses. Either the lessor funds your move up to €1,000 and chooses the company of removal, or he pays you the lump sum of €400 to cover the cost of moving. This payment shall take place within one month of the delivery of the keys to the former dwelling.
- Costs related to opening, closing or transferring subscriptions to water, electricity, gas and telephone networks
- Work to upgrade the quality of the proposed new housing compared to the old housing. At your request, the landlord does this work prior to the move, up to a certain amount.
Number of dependants of the tenant | Amount to be paid by 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, 3e Accommodation offer is accompanied by the letter of notice (leave) given by your landlord. If the latter offer is refused, your lease will be terminated. You will have to leave the premises within 6 months of the notification ofe relocation offer.
Butyou can't be forced to leave your home, even when your accommodation becomes under-occupied, if you are in one of the following situations:
- You're over 65
- You disabled
- You have a loss of physical or mental autonomy
- You have one person disabled
- You have a loss of physical or mental autonomy in your care.
Persons considered as homemaker are:
- You (applicant)
- Your coapplicant : Civil partnership or partner or partner, or a member of your family who is not dependent on you (only among grandfather, grandmother, mother, father, son, daughter, granddaughter, grandson, brother, sister)
- People and children on your or your tax notice coapplicant
These include children with disabilities regardless of their age, children under the age of 21 (including in alternative care if reported at the home of each parent), students under the age of 25 and persons with a mobility disability inclusion card (or disability card).
The disabled person has left the accommodation adapted to their disability
If you have social housing adapted to disability if you are under 65, the landlord can cancel 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 units must meet the following characteristics:
- Meet criteria of decency
- Have a lower rent than the one of the accommodation you leave
- Be located close to the accommodation you leave. In Paris, Lyon and Marseille, the accommodation must be located in the same arrondissement, or in a neighbouring district that belongs to your commune or not. If your commune is divided into cantons, it must be located in the same canton or in a neighbouring canton that belongs to or does not belong to your commune. In all other cases, it should not be located more than 5 km from the accommodation you leave.
If you accept 1 of these accommodations, you will benefit from a mobility aid.
This aid shall cover the following costs:
- Moving expenses. The lessor shall pay the removal company up to €1,000 he or she chooses or, if you refuse, he or she will pay you the lump sum of €400 to cover your removal costs. This payment takes place within one month of the delivery of the keys to the lodging you are leaving.
- Costs related to opening, closing or transferring subscriptions to water, electricity, gas and telephone networks.
- Work to upgrade the quality of the proposed new housing compared to the old housing. At your request, the landlord does this work prior to the move, up to a certain amount:
Number of dependants of the tenant | Amount to be paid by 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 6 months
- or, in the case of the death of a disabled person for whom you were responsible, at the end of 18 months
That period shall run from notification ofe housing proposal.
Housing not occupied enough in the year
Your accommodation must be occupied at least 8 months per year, except for legitimate reasons (professional obligation, health reason, or case of force), by you or the people who usually live there.
Otherwise, the lessor may issue you a assignment in court, within 3 months of the hearing. If the judge orders your eviction, you will have 2 to 3 months to leave the house.
Housing to be demolished
If your house needs to be demolished, your landlord must offer you at least 3 new homes adapted to your needs and your income. The new accommodation must also be located close to the accommodation you are leaving.
General case
Commune divided into cantons
The proposed accommodation must be located:
- in your township
- or in neighbouring cantons, whether or not they belong to your municipality
Other
The accommodation offered must not be more than 5 km away from the accommodation you are leaving.
Paris, Lyon, Marseille
The proposed accommodation must be located:
- in your district
- or in neighbouring districts, whether or not they belong to your municipality.
Who can help me?
Find who can answer your questions in your region
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 records and therefore cannot provide information on their status.
The service is available at the following times:
- Monday: 8:30 to 17:30
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8:30 to 17:30
- Friday: 1 pm to 4:15 pm
- 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) Under Occupancy (L442-3-1) Disability (L442-3-2)
- Act No. 89-462 of July 6, 1989 on rental reports: article 4Resolving clause
- Act No. 89-462 of 6 July 1989 on rental reports: Article 24Non-payment of rent and charges
- Construction and Housing Code: Item L442-4-1Neighbourhood Disorder: Relocation
- Code of Civil Enforcement Procedures: Articles L412-1 to L412-8Neighbourhood Unrest Departure Time: L412-1, L142-2, L412-5
- Construction and Housing Code: Article L442-3-5Illegal sub-leasing or transfer or exchange, Insufficient occupancy
- Act No. 89-462 of July 6, 1989 on rental reports: article 2Insufficient occupancy time
- Act No. 48-1360 of 1 September 1948 on rental reports: Article 10Unoccupied housing
- Construction and Housing Code: Section L621-2Persons having as their principal residence accommodation
- Construction and Housing Code: sections R442-1 to R442-5Amount of mobility aid: R442-3-2
- Construction and Housing Code: Article L442-3-4No response to resource survey
- Act No. 48-1360 of 1 September 1948 on rental reportsDemolition: Article 13a
FAQ
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