How do I calculate the notice period for the tenant's leave?
Verified 01 September 2022 - Legal and Administrative Information Directorate (Prime Minister)
As a tenant, you can permanently leave the dwelling (social or private housing, including housing subject to the 1948 law) that you live in. But you must inform the landlord or the owner (or the real estate agency if the accommodation is managed by an agency) beforehand.
For that, you owe him leave and respect notice period. The deadline starts on the day he actually knows about your leave.
Empty Housing
The notice period depends on the location of your accommodation.
Depending on its location, the accommodation may be located in stretch or not.
To find out if your accommodation is in a tight area, you can use this simulator:
Check that a housing is in a tense area
Tense Area
Notice is 1 month.
You must indicate on the leave that the accommodation is in a tense zone and provide proof of this.
To do this, you must provide a copy of the decree listing communes in tense zone and highlight the name of the municipality concerned in the table annexed to the decree.
Other
General case
The notice period is 3 months.
You do not have to give the reason for your departure.
In case you leave and return the keys before the end of the notice, the notice period may be reduced by the same proportion, if the landlord accepts a new tenant or if he undertakes heavy renovations.
You get social housing
The notice period is 1 month.
You must indicate this in the leave and provide a justification.
You get RSA or AAH
The notice period is 1 month.
You must indicate in the leave that you receive on RSA: titleContent orAAH: titleContent and you have to provide proof.
If you do not do so, the 3 month notice applies.
FYI
if you do not receive the aid, but your resources are equal to the amount of the aid, a notice period of 3 months dialogue box.
Your medical condition justifies a change of domicile
The notice period is 1 month.
You must state your health status on the leave and provide a justification (for example, a medical certificate).
Warning
notice 3 months applies in case of simple physical or mental fatigue, even if medically observed.
You get your first job
The notice period is 1 month.
You must indicate this in the leave and provide a justification. For example, a document with the date of social security membership may be used to certify that this is your 1to employment.
FYI
If a CDD changes to CDI, the CDI is not considered a 1to employment, unless protection litigation judge decide differently.
You lose your job
The notice period is 1 month.
You must indicate this in the leave and provide a justification.
Loss of employment must precede and be close to your leave. In case of dispute, protection litigation judge determines on a case-by-case basis whether or not leave is delayed due to loss of employment.
New employment following loss of employment
The notice period is 1 month.
You must indicate this in the leave and provide a justification.
Loss of employment and new employment must occur during the same lease.
FYI
notice 3 months applies for new employment, if you were unemployed when you signed the lease for the home you want to leave.
Employee job transfer (change of workplace)
You're salaried
Notice period: 1 month
You must indicate this in the leave and provide a justification.
The transfer date must be close to the date the leave was sent (several months must not have passed).
The transfer can be at your initiative or at the initiative of your employer. It is not subject to any conditions of geographical remoteness.
Other
Notice of 3 months dialogue box.
You're retiring
Notice of 3 months dialogue box.
You quit
Notice of 3 months dialogue box.
You're at the end of unemployment insurance rights
Notice of 3 months dialogue box.
You are self-employed, and stop your activity (example: professional)
Notice of 3 months dialogue box.
You are a victim of violence within your couple or the child usually living with you is raped
Notice of 1 month applies in any of the following situations:
- You are a beneficiary of a protection order
- Your spouse, partner of Civil partnerships: titleContent or concubin is subject to prosecution or an alternative procedure to prosecution or a conviction (final or not)
You must indicate this in the leave and provide a justification.
The start of the notice depends on how your leave is sent:
- For a registered letter with notice of receipt, this is the day on which the registered letter is received, that is, the day on which the addressee takes possession of it.
Therefore, if the registered letter has not been delivered to its absent recipient and has been returned to you, the leave is not valid. Similarly, if the letter is received late or is delivered late, the end of the notice is postponed accordingly. - For act of commissioner of justice, this is meaning (for example, the day the leave is deposited in the recipient's mailbox)
- For a hand-over against an outflow or a signed receipt, this is the day on which the leave is handed over to its recipient by hand, against an outflow or a signed receipt
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Example for 1 month notice
If the recipient received the leave on 5 September, the notice runs until 5 October at midnight (not until 30 October).
If the dates are not the same, this is the last day of this month. For example, a notice that begins on January 30 expires on February 28, or on February 29 in the case of a leap year.
Holidays and weekends are included in this calculation. For example, if notice ends on a Sunday, it ends on that day, not on the previous Friday or the following Monday.
Example for 3 months notice
If the recipient received the leave on 5 September, the notice runs until 5 December at midnight (not until 31 December).
If the numbers are not the same, this is the last day of this month. For example, a notice that began on November 30 expires on February 28 (or February 29 in the case of a leap year).
Holidays and weekends are included in this calculation. For example, if notice ends on a Sunday, it ends on that day, not on the previous Friday or the following Monday.
You must pay the rents and rental charges throughout the period of notice, unless the accommodation is occupied before the end of the notice by a new tenant and in agreement with the landlord or the landlord or real estate agency.
FYI
in colocation, if you are the only one giving leave, you may be required to pay the rent and expenses after the end of your notice, in some cases.
You can't deduct from your last rents the amount of the security deposit you paid.
If the notice period ends during the month, the amount of rent and expenses you owe for that month is proportional to the number of days you disposed of the accommodation:
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Examples for 1 month notice
Last month of notice | Start of notice | End of 1 month notice | Amount due last month's notice |
|---|---|---|---|
30 day month Example: June 2022 | 5 May 2022 | 5 June 2022 | 5/30e |
31 day month Example: July 2022 | 5 June 2022 | 5 July 2022 | 5/31e |
28 day month Example: February 2022 | 5 January 2022 | 5 February 2022 | 5/28e |
Month of 29 days Example: February 2020 | 5 January 2020 | 5 February 2020 | 5/29e |
Examples for 3 months notice
Last month of notice | Start of notice | End of 3 months notice | Amount due last month's notice |
|---|---|---|---|
30 day month Example: June 2022 | 5 March 2022 | 5 June 2022 | 5/30e |
31 day month Example: July 2022 | 5 April 2022 | 5 July 2022 | 5/31e |
28 day month Example: February 2022 | 5 November 2021 | 5 February 2022 | 5/28e |
Month of 29 days Example: February 2020 | 5 November 2019 | 5 February 2020 | 5/29e |
Furnished accommodation
When the tenant of a furnished dwelling wants to leave the dwelling he occupies permanently, he must respect a notice period and inform the owner by leave letter.
You can terminate the lease at any time. But you must respect a 1-month notice period, including when the lease term is only 9 months (for example, when the accommodation is rented to a student).
You do not have to give the reason for your departure from the accommodation, nor do you have to provide proof of your departure.
The start of the notice depends on how your leave is sent:
- For a registered letter with notice of receipt, this is the day on which the registered letter is received, that is, the day on which the addressee takes possession of it.
Therefore, if the registered letter has not been delivered to its absent recipient and has been returned to you, the leave is not valid. Similarly, if the letter is received late or is delivered late, the end of the notice is postponed accordingly. - For act of commissioner of justice, this is meaning (for example, the day the leave is deposited in the recipient's mailbox)
- For a hand-over against an outflow or a signed receipt, this is the day on which the leave is handed over to its recipient by hand, against an outflow or a signed receipt
Example :
Leave received by the addressee on 5 September shall be given notice until 5 October at midnight (not until 30 October).
If the dates cannot be the same, this is the last day of this month. For example, a notice that began on January 30 expires on February 28 (or February 29 in the case of a leap year).
Holidays and weekends are included in this calculation. For example, if notice ends on a Sunday, it ends on that day, not on the previous Friday or the following Monday.
You must pay the rents and rental charges throughout the period of notice, unless the accommodation is occupied before the end of the notice by a new tenant and in agreement with the landlord, owner or real estate agency.
FYI
in colocation, if you are the only one giving leave, you may be required to pay the rent and expenses after the end of your notice, in some cases.
You can't deduct from your last rents the amount of the security deposit you paid.
If the notice period ends during the month, the amount of rent and expenses you owe for that month is proportional to the number of days you disposed of the accommodation:
Last month of notice | Start of notice | End of 1 month notice | Amount due for last month's notice |
|---|---|---|---|
30 day month Example: June | 5 May | 5 June | 5/30e |
31 day month Example: July | 5 June | 5 July | 5/31e |
28 day month Example: February 2022 | 5 January 2022 | 5 February 2022 | 5/28e |
Month of 29 days Example: February 2020 | 5 January 2020 | 5 February 2020 | 5/29e |
Who can help me?
Find who can answer your questions in your region
- Departmental Agency for Housing Information (Adil)
The Allo Public Service is currently disrupted. We apologise for this.
The informants who answer you belong to the ministry responsible for housing and city planning.
Cost: free service
Attention: the service does not have access to users ' personal records and therefore cannot provide information on their status.
The service is available at the following times:
- Monday: 8:30 - 17:30
- Tuesday: 8:30 - 12:15
- Wednesday: 8:30 - 12:15
- Thursday: 8:30 - 17:30
- Friday: 1 pm to 4.15pm
- Code of Civil Procedure: Rule 647End of notice period: calculate number of days
- Construction and Housing Code: Articles L353-14 to L353-22Social housing: notice period
- Act No. 89-462 of July 6, 1989 on rental reports: Article 15Empty housing (including housing subject to the 1948 law): notice period
- Construction and Housing Code: Articles L632-1 to L632-3Furnished accommodation: letter of leave and deadline for a lease signed before march 27, 2014
- Act No. 89-462 of July 6, 1989 on rental reports: Article 25-8Furnished accommodation: letter of leave and deadline for a lease signed since march 27, 2014
- Act No. 48-1360 of 1 September 1948 on rental reports: Article 3hHousing subject to the 1948 law: termination of lease
- Decree n°2013-392 of May 10, 2013 on the application of the annual tax on vacant housing: annexeList of municipalities in tense zones
FAQ
- Notice and formalities given by the tenantService-Public.fr
- Decree listing municipalities in tense areasLegifrance