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Can a tenant leave their home without notice?

Verified 29 décembre 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The tenant wishing to leave his dwelling before the end of the lease must give notice (leave) to the lessor 1 to 3 months before departure. However, in the event of serious breaches of the owner's obligations (imperiled or unsanitary housing), the owner may leave the dwelling without notice. However, he must first have informed his owner of the disturbances and must have taken steps to compel him to carry out the work for which he is responsible.

The lessor must, in particular, provide his tenant with clean housing.. Several serious deficiencies of the lessor may justify the tenant's departure without notice, including:

  • an electrical installation that is hazardous to the occupants,
  • infiltrations causing very high humidity causing health problems,
  • a cut in water supply for several months.

  Warning : except in exceptional cases (housing which has been the subject of a prefectural order of unsanitary and peril), the tenant must not, of himself, stop paying all or part of his rent on the pretext that the owner does not respect his obligations.

Before leaving without notice, the tenant must notify the owner of the disturbances and ask him to carry out the repairs to bring the dwelling into conformity with the criteria of safety and falling within its responsibility..

If the owner refuses or is silent, he must send him a formal notice, by registered letter with acknowledgement of receipt.

If this procedure is not effective, the tenant must initiate a procedure:

If the owner does not carry out the work within the time ordered by the mayor (in case habitat at risk or unhealthy), the tenant can leave his dwelling without notice.

He must send the owner a letter of leave by registered letter with acknowledgement of receipt. The tenant must provide evidence of the landlord's default with his mail.

Leave without notice in case of failure of the lessor

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

A tenant who leaves his house without notice pays his rent only for his time of occupation, provided he does not keep the keys after his departure.

Examples:

  • if the tenant leaves on june 15 without keeping the keys, he must pay: (amount of rent x 15)/30,
  • if the tenant leaves on august 15 without keeping the keys, he must pay: (amount of rent x 15)/31.

It can also recover its security deposit..