Anah Convention: Can the landlord give the tenant leave?
Verified 09 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)
It depends on the agreement you signed with theAnah: titleContent :
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Highly Social Rent Agreement
During the entire duration of the agreement, you cannot give its notice (leave) to the tenant.
But you can ask the judge at any time to terminate the lease when the tenant does not meet his obligations.
This is particularly the case when the tenant is repeatedly late in paying the rent, when he does not maintain the accommodation, or when he causes neighborhood problems.
The competent judge shall be the protection litigation judge the court on which the dwelling depends.
Social Rent Agreement
During the entire duration of the agreement, you cannot give its notice (leave) to the tenant.
But you can ask the judge at any time to terminate the lease, when the tenant does not meet his obligations.
This is particularly the case when the tenant is repeatedly late in paying the rent, when he does not maintain the accommodation, or when he causes neighborhood problems.
The competent judge shall be the protection litigation judge the court on which the dwelling depends.
Intermediate Rent Agreement
During the term of the agreement, you can only terminate the lease for one reason legitimate and serious. This is particularly the case when the tenant is repeatedly late in paying the rent, when he does not maintain the accommodation, or when he causes neighborhood problems.
To terminate the lease, you can:
- Ask the judge at any time to terminate the lease.
The competent judge shall be the protection litigation judge the court on which the dwelling depends. - Either give notice (leave) to the tenant for the lease due date.
In the latter case, the notification leave (notice) must follow several rules:
- It must state the reason for not renewing the lease
- It must reach each of the lease holders at least 6 months before the lease due date
- It must either be sent to him by registered post with acknowledgement of receipt, or be sent to him by act of commissioner of justice (formerly act of bailiff)or be handed in by hand against receipt or receipt.
To avoid any possible litigation, it is advisable to use registered mail or the act of Commissioner of Justice.
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
- National Housing Agency (Anah)
- Construction and housing code: articles L321-3 to L321-7Lease Duration
- Construction and housing code: articles L321-8 to L321-12
- Construction and housing code: articles D321-23 to D321-30-1
- Construction and housing code: articles D321-31 to D321-36
- Law No. 89-462 of 6 July 1989 on rental relationships: article 40Social or very social rental housing (Article 40 III)
- Construction and housing code: articles L183-1 to L183-13Social or very social rental housing: Article L183-1, 4°
- Code of Civil Procedure: Article 667Notification of leave