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Social housing (HLM): can the lessor terminate the lease?

Verified 13 janvier 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The term of a lease for social housing is fixed for an indefinite period. But this lease can be terminated by the lessor, in case of non-compliance with certain rules or conditions.

Resource cap exceeded

Each year, the landlord sends the tenant a survey resources.. Your lease may be terminated:

To find out where your accommodation is located:

Know the area of his commune: A, Abs, B1, B2 or C

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

The lessor informs you of your situation as soon as the results of resources survey for the 2e year in succession, this excess of the ceiling.

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 running, overexpenditure.

For example, for an overrun in 2017 and 2018 (2 consecutive years):

  • the delay is calculated from 1to January 2019,
  • you lose the right to stay in the place on the 1to July 2020.

The lessor notifies you by registered letter with notice of receipt (or by bailiff's act), the departure deadline 6 months before the end of the 18-month period.

The landlord does not have to offer you a new home.

This procedure stops:

  • if, within the 18-month period, you inform your lessor that your income has become below the resource limits for the allocation housing called social rental loan (SLP)
  • or if you reach the age of 65 years until the year in which the 2e consecutive times the ceiling is exceeded.

Example :

if your resources are too high in 2017 and 2018, the procedure stops when you reach the age of 65 in 2017 or 2018.

However, you cannot be forced to leave your home, regardless of your income:

  • if you are 65 or older
  • or if you have a disability or are dependent on a person with a disability
  • or if your accommodation is located in a priority area of city policy
  • or if you have lived since 31 December 2014 in a sensitive urban area (Zus) which has not been reclassified as a priority area of city policy from the 1to January 2015

Demolition of housing

If your house needs to be demolished, your landlord must offer you at least 3 new houses adapted to your needs and resources. The new accommodation must also be located close to the accommodation you are leaving.

General case

The offer of alternative accommodation shall be:

  • in your commune
  • or in a neighboring town and not more than 5 km away.

Municipalities divided into cantons

The offer of alternative accommodation shall be:

  • in your canton
  • or in the neighboring cantons of your canton included in your commune
  • or in the neighboring cantons of your canton included in the neighboring communes.

Paris, Lyon, Marseille

The offer of alternative accommodation shall be:

  • in your district
  • or in neighboring districts
  • or in neighboring communes in your district.

If you refuse the 3 offers, you lose your right to remain in the premises. You will then have to leave the premises at the end of a period of 6 months. This period shall run from the date of notification of the 3e rehousing offer.

Other cases

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Non-payment of rent and charges

The non-payment of your rent and charges under the agreed terms may cause your lease to be terminated if a court order has been made to that effect.

However, expulsion may be automatic if resolving clause dialog box. In practice, this clause exists in most leases. The lessor 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 to order the eviction. The judge may grant you a period of payment if he or she considers that you are in a position to settle your debt. If you pay in time, you can stay in the accommodation.

Neighborhood disorders

If you are the cause of neighborhood disorder:

  • The landlord can offer you an offer of accommodation corresponding to your needs in order to restore calm in the building. If you refuse or do not reply after 1 month from the sending of the offer by registered letter with acknowledgement of receipt, your lessor may apply to the court for your expulsion.
  • The landlord may not offer you any alternative accommodation and may directly initiate legal proceedings to request your eviction.

In all cases, a period of 3 months must elapse between notification your court summons and the date of the hearing.

If your lease contains resolving clause (this is the case most of the time), the judge automatically orders your expulsion. If your lease does not contain any, the judge has the power to assess the situation.

If the judge orders your expulsion, you will have a minimum of 2 months to leave the premises. However, if you have refused any proposals for relocation, the judge may reduce or remove this minimum period of 2 months.

No response to resource survey

Each year, the landlord sends the tenant a survey resources.. Your lease may be terminated:

  • if you do not respond to your landlord's survey of your resources for 2 consecutive years
  • and if your accommodation is located in certain communes that correspond to the Abis, A or B zones.

To find out if your municipality is concerned, you can use this simulator:

Know the area of his commune: A, Abs, B1, B2 or C

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

The landlord does not have to offer you a new home.

You will then have to leave the premises within 18 months from the 1to January of the year following those 2 years.

Six months before the end of the 18-month period, the lessor shall indicate the date on which you must have left the premises:

  • by registered letter with request for notification of receipt,
  • or by act of bailiff.

This procedure stops:

  • if, within the 18-month time limit, you send the lessor the documents and information requested in the resources survey that justify that your resources are below the allocation resource limit housing called social rental loan (SLP),
  • or if you reach age 65 up to the 2nd consecutive year without response to the resources survey.

In addition, you cannot be forced to leave your home, including if you do not respond to the resources survey:

  • when you are 65 or older,
  • or where you have a disability or are dependent on a person with a disability,
  • or where your accommodation is located in a priority area of city policy ,
  • or if you have lived since 31 December 2014 in a sensitive urban area (Zus) which has not been reclassified as a priority area of city policy from 1to January 2015. However, this exemption will expire on 1to January 2021.

Insufficiently occupied housing in the year

Your dwelling must be occupied at least 8 months per year, unless there are legitimate reasons (professional obligation, health reason, or case of force majeure), by you or the people who usually live in your home.

Otherwise, the lessor may issue you a summons with a period of 3 months before the hearing. If eviction is ordered, you will have 2 to 3 months to leave the premises.

Subleased housing

Under certain conditions, subletting of a part of the dwelling is allowed.

However, it is forbidden to sub-rent all the accommodation. If you do not comply with this prohibition, the lessor may apply to the judge to terminate your lease.

Accommodation exchanged

Under certain conditions (size of housing, composition of families, ...), the exchange of housing between tenants is authorized.

In all other cases, you must obtain the agreement of the lessor. If you do not meet this obligation, the judge may terminate their lease, at the request of the lessor.

Housing transferred

It is forbidden to give up (free or not) your accommodation.

If you do not comply with this prohibition, the judge may terminate your lease at the request of the lessor.

Housing has become too large ("under-occupancy of housing")

If your accommodation underoccupied, your landlord must offer you at least 3 new homes adapted to your needs, even if you exceed the resource limits for the allocation of social housing.

These offers must meet the following 3 characteristics:

  • Meet conditions of decency
  • Be located in the same district or adjacent boroughs
  • Be at a lower rent than your original home.

If you accept an offer, you benefit from a mobility aid. It covers:

  • Removal expenses. Either the lessor finances your move up to €1,000 and chooses the removal company, or pays the lump sum of €400 to cover the costs of this move. This payment is then made within one month of the return of the keys of the old dwelling.
  • The costs of 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 the request of the tenant, the landlord carries out the work before the move-in, up to a certain amount.
Amount of work to be paid by the lessor according to the situation of the tenant

Tenant: number of dependants

Amount to be paid by the lessor

0

€1,500

1

€4,000

2

€2,500

1

€3,000

4

€3,500

Per additional person

+ €500

In some geographical areas, the 3e Accommodation offer is accompanied by the notice letter (leave) given by your landlord. If the latter offer is refused, your lease will be terminated. You must leave the premises within 6 months from the notification of this 3e rehousing offer.

However, you do not lose your right to remain in the premises, even when your accommodation becomes underoccupied, if you are in one of the following situations:

  • Aged over 65
  • With a disability
  • You have a loss of physical or mental autonomy
  • You are responsible for a person with a disability
  • You have a dependent with a loss of physical or mental autonomy.

Persons considered as household are:

  • Applicant and spouse or partner of Pacsor cohabiting partner
  • Child under age (including child in alternative care, child subject to access or accommodation)
  • Unmarried child with major disability attached to the tax system
  • Tax-dependent adult unmarried child under 21 at 1to January of the taxation year
  • Taxpayer single child under 25 years of age (to 1to January of the taxation year and continuing their education)
  • A person who has a disability card and lives at the home of the signatory(s)

Other people are not considered as "persons to be housed".

Accommodation adapted to disability, but no person with a disability occupies it

If you have social housing adapted to your disability and you are under 65 years of age, your lease may be terminated if the disabled person who justified the allocation of such housing (you or a dependent of yours) no longer occupies the housing.

The landlord must offer you at least 3 new dwellings adapted to your needs.

These offers must meet the following 3 characteristics:

  • Meet conditions of decency,
  • Be located in the same arrondissement or adjacent arrondissements,
  • Be at a lower rent than the original home.

If you accept an offer, you benefit from a mobility aid. It covers:

  • Removal expenses. Either the lessor finances your move up to €1,000 and chooses the removal company, or pays the lump sum of €400 to cover the costs of this move. This payment is then made within one month of the return of the keys of the old dwelling.
  • The costs of 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 the request of the tenant, the landlord carries out the work before the move-in, up to a certain amount.
Amount to be paid by the lessor according to the tenant's situation

Tenant: number of dependants

Amount to be paid by the lessor

0

€1,500

1

€4,000

2

€2,500

1

€3,000

4

€3,500

Per additional person

+ €500

If you refuse these 3 offers, your lease may be terminated.

You will have to leave the premises at the end of a period:

  • 6 months
  • or 18 months in the event of the death of a disabled person for whom you were responsible.

This period shall run from the date of notification of the 3e rehousing offer.