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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 :

Tableau - Amount beyond which the dwelling is to be returned to the lessor

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.

Tableau - Maximum amount to stay in the house after a drop in income

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.

Tableau - Maximum income for allocation of social housing PLS

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.
Tableau - Upgrading of the quality of the new housing

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:
Tableau - Upgrading of the quality of the new housing

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.

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