What is the penalty for fraudulent notice given by the owner?
Verified 13 July 2021 - Legal and Administrative Information Directorate (Prime Minister)
If the landlord has given the tenant leave (his notice) for a reason (taking over to live in the dwelling or sell it) that does not correspond to reality, the tenant can refer the matter to the judge. In case of fraudulent leave, the landlord may be ordered by the judge to pay damages to the tenant and pay a criminal fine.
Resumption to live
The tenant may contest the reason for taking up residence if, after leaving the premises, he provides proof that the accommodation:
- is not inhabited by the person or persons mentioned in the letter of leave
- or it is empty
- or used as a secondary residence
He may then ask the court of law for the protection of the court on which the dwelling depends to award him damages for the damage suffered.
The lessor also risks a criminal fine of up to €6 000 (€30,000 in the case of a corporation).
Who shall I contact
Resume for Sale
The tenant may contest the reason for the leave.
To do this, he must prove that the owner did not intend to sell the house. For example, if the price to buy the house is excessive.
He can then ask the court of the dispute of the protection of the court on which the dwelling depends to grant him damages for the damage suffered.
The owner also risks a criminal fine of up to €6 000 (€30,000 in the case of a corporation).
Who shall I contact
- Act No. 89-462 of July 6, 1989 on rental reports: Article 15Empty Housing
- Act No. 89-462 of July 6, 1989 on rental reports: Article 25-8Furnished accommodation
- Notice and formalities given by the owner (lessor)Service-Public.fr