Social Housing (HLM): Can the landlord cancel the lease?

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 2^e 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 ::

The lessor informs you of your situation as soon as the results of resources survey show that^e year in succession, exceeding the maximum allowed.

You must leave the premises within 18 months from the 1^to January of the year following the results of the survey showing, for the 2^e year in succession, an excess of the maximum allowed.

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 2^e consecutive times the maximum allowed

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

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.

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.

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 1^to January of the year following those 2 consecutive years.

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 2nd^e 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.

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

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.

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 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.

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.

In some geographical areas, 3^e 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 of^e 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).

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:

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 of^e housing proposal.

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.