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Notice and formalities given by the owner (lessor)
Verified 01 mai 2022 - Legal and Administrative Information Directorate (Prime Minister)
Empty Housing
The landlord may give the tenant leave (notice) to sell the property, or to take it back (to live or to house a relative), or for a reason legitimate and serious (especially if the tenant is at fault). He must comply with formal requirements and deadlines. Usually, the landlord must give leave for the lease due date. There are protected tenants, to whom the owner may grant leave under certain conditions.
The lease of accommodation Anah and the lease of social housing are subject to specific rules.
What's that about?
The landlord can give the tenant time off because he wants to sell the house.
The leave to sell is the offer to sell to the tenant. The tenant can buy the house and benefit from a right of first refusal, under certain conditions.
FYI : the owner sell the house while the tenant occupies it, without informing him or her and without giving him or her leave.
When can he get the house back?
General case
The landlord must give leave to the tenant to release the premises by due date of the lease.
The landlord bought the house that was already occupied by a tenant
The current lease matures less than 3 years after purchase
The purchase date is the day of the signature of the authentic act.
The landlord may give leave to the tenant to release the premises by due date 1to renewal or renewal 1re renewal of the current lease.
Example :
If the owner bought the house on 1to March 2015 and the lease due date is May 31, 2017, he may give leave to the tenant to vacate the premises by the due date of the 1re extension to be held on 31 May 2020.
The current lease is due more than 3 years after purchase
The purchase date is the day of the signature of the authentic act.
The landlord may give leave to the tenant to release the premises by due date of the lease.
Leave letter content
The landlord must give the tenant leave by means of a leave letter.
The letter of leave shall indicate:
- Leave Reason (for Sale)
- Prices and conditions of sale of rented accommodation and its possible rented annexes (parking, ...)
- Accurate description of the accommodation and its possible rented annexes (but it is not mandatory to indicate the size of the accommodation)
- Statement of the first 5 subparagraphs of Article 15 of the Act of 6 July 1989 , which indicate the conditions of the offer to sell to the tenant
The letter of leave must be accompanied by the information sheet on the landlord's obligations and the tenant's remedies and compensation.
Who should I send the letter of leave to?
The owner must send the letter of leave to all signatories of the lease.
Special cases:
- If only one of the spouses is a signatory to the lease but the owner has been informed of the marriage, then the owner must send the letter of leave to both spouses.
- If only one of the Civil partnership partners has signed the lease, but the 2 partners have jointly requested that each partner's name be included in the lease, then the owner must send the letter of leave to the 2 Civil partnership partners.
How do I send the letter of leave?
The letter of leave must be sent to the tenant:
- either by registered letter with acknowledgement of receipt,
- either by act of bailiff,
It can also be hand-delivered against outflow or receipt.
Please note : to avoid possible difficulties, it is recommended to use an usher. However, there is a charge.
Notice periods
In order for the leave to be valid, the tenant must receive the letter of leave at least 6 months before the due date of the lease (or 1to renewal or renewal of the lease, in some cases).
If letter of leave arrives at the tenant late, the leave is not valid.
Depending on how the landlord sends the letter of leave, it is more or less easy to predict when the tenant will have it.
Letter of Leave sent by registered mail with acknowledgement
Notice period runs from the day of receipt effective recommended mail with acknowledgement.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not pick up the mail left at his disposal at the Post Office.
To avoid these difficulties, the owner can send the mail in advance to allow himself time to use a bailiff, if necessary.
Indeed, if the leave is given early well before the 6-month period, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If due date of the lease is september 20, but when the tenant receives the letter of leave on march 3, the leave is valid, but the notice period does not begin until march 20 and the leave will take effect on september 20.
Letter of leave served by the bailiff
The notice period runs from the day the bailiff files or delivers the letter of leave to the tenant.
FYI : bailiff invoice to the owner.
Letter of Leave Handed Over Against Receipt or Departure
The notice period starts from the day the landlord hands the letter of leave to the tenant, against receipt or outflow.
Calculation of notice period
Reminder : in order for the leave to be valid, the tenant must have received the letter of leave at least 6 months before the due date of the lease (or 1to renewal or renewal 1re extension of the lease, in some cases).
For example, if due date of the lease is september 20, so the tenant must have the letter of leave by march 20.
If the numbers are not the same, this is the last day of the month: if due date of the lease is August 31, then the tenant must have the letter of leave no later than February 28 (or February 29 in case of leap year).
Holidays and weekends are included in this calculation: if the notice period ends on a sunday, it ends on that day, not on the previous friday or the following monday.
If the leave is given early well before the 6-month period, it is still valid, but it will take effect on the date it should have been given.
Example :
If the lease is due on September 20 but the tenant receives the letter of leave on March 3, the leave is valid, but the notice period does not begin until March 20 and the leave will take effect on September 20.
Tenant protected
The tenant may, depending on his age and income, be protected when the landlord wants to give him leave.
Depending on the circumstances, the owner may not grant leave or may grant leave, subject to certain conditions.
Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 (at due date of the lease
- and if the cumulative income (on the date he takes possession of the letter of leave) of all persons living in the dwelling is less than:
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at due date of the lease
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amount
- or if he offers the tenant, during the period of notice, a relocation solution that corresponds to his needs and possibilities, and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Tenant is over 65 years of age (as of lease due date)
The tenant is protected if his income (as of the date notification) are less than
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at due date of the lease
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amounts
- or if it offers the tenant a relocation solution that corresponds to his needs and possibilities and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Tenant Offer
The leave to sell is the offer to sell to the tenant. The tenant can buy the house.
FYI : the owner may sell rental property without informing the tenant and without giving him leave.
Tenant's right of first refusal
The tenant benefits from right of first refusal. It takes priority over other buyers to buy the house.
If there are several tenants, everyone has a right of first refusal.
However, the tenant's right of first refusal does not apply when near parent up to and including 3rd degree of the owner is the buyer of the dwelling, to live in it (principal residence) for at least 2 years after the end of the notice.
Acceptance of Sales Offer
The offer to sell to the tenant is valid for the first 2 months of the notice.
If the tenant agrees to the sale, they must:
- inform the owner by registered letter with notice of receipt, within the first 2 months of the owner's legal notice,
- indicate whether he will apply for a home loan, if so.
If the lessee accepts the offer to sell the dwelling within the specified time, any promise to sell signed by the lessor and another purchaser is void.
From the date of sending of his reply to the owner, the tenant has a period of 2 months to sign the bill of sale. If the tenant applies for a real estate loan, the time allowed to sign the bill of sale is 4 months.
The period of notice shall be extended until the expiry of the period within which the sale is completed.
Refusal of offer to sell
The tenant has refused the offer to sell:
- if the owner is refused
- or fails to respond to the owner within the first 2 months of the notice
- or if it issues a counter-proposal that the owner refuses.
As a result, the tenant must leave the premises on or before the last day of notice.
However, he may leave the premises at any time during the period of notice, and is only obliged to pay the rent and expenses until the date of delivery of the keys to the owner.
Leave protest
Leave may be contested by the tenant, whether or not he is still in the dwelling.
This may be done for one of the following reasons:
- The leave letter does not contain at least one of the required information. For example, the reason for the leave is not specified.
- The leave was not issued by the owner or his representative (estate agent)
- The letter of leave was not sent to all tenants (for example: the leave was granted only to one of the 2 spouses)
- The letter of leave was sent by simple letter
- Notice period is less than 6 months
- Leave was granted to a protected tenant
- The landlord did not inform the tenant of his offer to sell on more favourable terms or prices
- The owner issued a leave to sell fraudulent
To do this, the tenant must send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible. This procedure is essential in order to be able to refer the matter to the judge, if necessary.
If no agreement is reached with this letter, the tenant or owner can enter the departmental conciliation board (optional and free).
If the disagreement persists, the tenant can enter the protection litigation judge the court on which the rented accommodation depends.
Who shall I contact
What's that about?
The landlord can give his tenant a holiday:
- to make housing its main residence
- or to house a close relative, who will make it his main residence.
The following persons are considered to be close relatives of the owner:
- her husband
- or his partner for at least 1 year on the date of leave
- or partner Civil partnerships recorded on the date of leave
- or ascending or that of her spouse, partner or partner Civil partnerships
- or downhill or that of her spouse, partner or partner Civil partnerships.
When can he get the house back?
General case
The landlord must give leave to the tenant to release the premises by due date of the lease.
The tenant must leave the premises and return the keys to the owner by that date.
The landlord bought the house that was already occupied by a tenant
The current lease maturity date is less than 2 years after purchase
The purchase date is the day of the signature of the authentic act.
The landlord can give the tenant time off for due date of the current lease, but the leave will not apply until 2 years after the date of purchase.
The tenant must leave the premises and return the keys to the owner no later than 2 years after the purchase of the accommodation by the owner.
Example :
If the owner bought the house on 1to March 2018 and the lease due date is May 31, 2019, he may give the tenant leave for May 31, 2019, but the leave will only apply 2 years after the date of purchase. The tenant will therefore have until 1to March 2020 to leave the premises and return the keys to the owner.
The current lease maturity date is more than 2 years after purchase
The purchase date is the day of the signature of the authentic act.
The landlord may give the tenant leave to release the premises by due date of the lease.
The tenant must leave the premises and return the keys to the owner by that date.
Leave letter content
The letter of leave addressed to the tenant must specify:
- The reason for the leave (to return to live or to house one of his relatives)
- The name and address of the beneficiary of the take-over
- The relationship between the owner and the beneficiary of the take-over
- An indication justifying the real and serious nature of the recovery
The letter of leave must be accompanied by the information notice on the landlord's obligations and the tenant's remedies and compensation.
Who should I send the letter of leave to?
The owner must send the letter of leave to all signatories of the lease.
Special cases:
- If only one of the spouses is a signatory to the lease but the owner has been informed of the marriage, then the owner must send the letter of leave to both spouses.
- If only one of the Civil partnership partners has signed the lease, but the 2 partners have jointly requested that each partner's name be included in the lease, then the owner must send the letter of leave to the 2 Civil partnership partners.
How do I send the letter of leave?
The letter of leave must be sent to the tenant:
- by registered letter with acknowledgement of receipt
- by act of bailiff
- be hand delivered against outflow or received
Please note : to avoid possible difficulties, it is recommended to use an usher. However, there is a charge.
Notice periods
In order for the leave to be valid, the tenant must receive the letter of leave at least 6 months before the due date of the lease (or 1to renewal or renewal of the lease, in some cases).
If letter of leave arrives at the tenant late, the leave is not valid.
Depending on how the landlord sends the letter of leave, it is more or less easy to predict when the tenant will have it:
Letter of Leave sent by registered mail with acknowledgement
Notice period runs from the day of receipt effective recommended mail with acknowledgement.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not pick up the mail left at his disposal at the Post Office.
To avoid these difficulties, the owner can send the mail in advance to allow himself time to use a bailiff, if necessary.
Indeed, if the leave is given early well before the 6-month period, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If due date of the lease is september 20, but when the tenant receives the letter of leave on march 3, the leave is valid, but the notice period does not begin until march 20 and the leave will take effect on september 20.
Letter of leave served by the bailiff
The notice period runs from the day the bailiff files or delivers the letter of leave to the tenant.
FYI : bailiff invoice to the owner.
Letter of Leave Handed Over Against Receipt or Departure
The notice period starts from the day the landlord hands the letter of leave to the tenant, against receipt or outflow.
Calculation of notice period
Reminder : in order for the leave to be valid, the tenant must receive the letter of leave at least 6 months before the due date of the lease (or 1to renewal or renewal 1re extension of the lease, in some cases).
For example, if the lease due date is September 20, then the tenant must have the letter of leave by March 20.
If the numbers are not the same, this is the last day of the month: if the lease due date is august 31, then the tenant must have the letter of leave no later than february 28 (or february 29 in case of a leap year).
Holidays and weekends are included in this calculation: if the notice period ends on a sunday, it ends on that day, not on the previous friday or the following monday.
If the leave is given early well before the 6-month period, it is still valid, but it will take effect on the date it should have been given.
Example :
If the lease is due on September 20 but the tenant receives the letter of leave on March 3, the leave is valid, but the notice period does not begin until March 20 and the leave will take effect on September 20.
Tenant protected
The tenant may, depending on his age and income, be protected when the landlord wants to give him leave.
Depending on the case, the owner:
- cannot give leave
- or may grant leave, subject to certain conditions
Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 (at due date of the lease
- and if the cumulative amount of income (on the date he takes possession of the letter of leave) of all persons living in the dwelling is less than:
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at due date of the lease
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amount
- or if he offers the tenant, during the period of notice, a relocation solution that corresponds to his needs and possibilities, and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Tenant is over 65 years of age (as of lease due date)
The tenant is protected if his income (as of the date notification) are less than
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at due date of the lease
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amounts
- or if it offers the tenant a relocation solution that corresponds to his needs and possibilities and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Leave protest
Leave may be contested by the tenant, whether or not he is in the dwelling.
This may be done for one of the following reasons:
- The leave letter does not contain at least one of the required information. For example, the reason for the leave is not specified.
- The letter of leave was not sent to all tenants (for example: the leave was granted only to one of the 2 spouses)
- The letter of leave was sent by simple letter
- Notice period is less than 6 months
- The leave was granted to protected tenant
- The owner issued a leave for fraudulent resumption
To do this, the tenant must send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible. This procedure is essential in order to be able to refer the matter to the judge, if necessary.
If no agreement is reached with this letter, the tenant or owner can enter the departmental conciliation board (optional and free).
If the disagreement persists, the tenant can enter the protection litigation judge the court on which the rented accommodation depends.
Who shall I contact
What's that about?
The landlord can refuse to let the tenancy continue and decide to give the tenant leave to legitimate and serious reason.
This is particularly the case when the tenant does not fulfil one of his obligations. For example, if the tenant causes neighbourhood nuisance or pays rent with repeated delays.
But the law has not defined precisely what is meant by reason legitimate and serious. If the tenant challenges the leave before the judge, the landlord will have to prove the validity of the leave granted.
When can he get the house back?
The landlord must give leave to the tenant to release the premises by due date of the lease.
The tenant must leave the premises and return the keys to the owner by that date.
Reminder : if the tenant is at fault, the landlord may decide to terminate the lease, subject to certain conditions. The termination can then take place during the lease.
Leave letter content
The landlord must send the tenant a letter of leave indicating the reason for the non-renewal of the lease.
Who should I send the letter of leave to?
The owner must send the letter of leave to all signatories of the lease.
Special cases:
- If only one of the spouses is a signatory to the lease but the owner has been informed of the marriage, then the owner must send the letter of leave to both spouses.
- If only one of the Civil partnership partners has signed the lease, but the 2 partners have jointly requested that each partner's name be included in the lease, then the owner must send the letter of leave to the 2 Civil partnership partners.
How do I send the letter of leave?
The letter of leave must be sent to the tenant:
- by registered letter with acknowledgement of receipt
- by act of bailiff
- be hand delivered against outflow or received
Please note : to avoid possible difficulties, it is recommended to use an usher. However, there is a charge.
Notice periods
In order for the leave to be valid, the tenant must receive the letter of leave at least 6 months before the due date of the lease.
If letter of leave arrives at the tenant late, the leave is not valid.
Depending on how the landlord sends the letter of leave, it is more or less easy to predict when the tenant will have it:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Letter of Leave sent by registered mail with acknowledgement
Notice period runs from the day of receipt effective recommended mail with acknowledgement.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not pick up the mail left at his disposal at the Post Office.
To avoid these difficulties, the owner can send the mail in advance to allow himself time to use a bailiff, if necessary.
Indeed, if the leave is given early well before the 6-month period, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If due date of the lease is september 20, but when the tenant receives the letter of leave on march 3, the leave is valid, but the notice period does not begin until march 20 and the leave will take effect on september 20.
Letter of leave served by the bailiff
The notice period runs from the day the bailiff files or delivers the letter of leave to the tenant.
FYI : bailiff invoice to the owner.
Letter of Leave Handed Over Against Receipt or Departure
The notice period starts from the day the landlord hands the letter of leave to the tenant, against receipt or outflow.
Calculation of notice period
Reminder : in order for the leave to be valid, the tenant must receive the letter of leave at least 6 months before the due date of the lease.
For example, if the lease due date is September 20, then the tenant must have the letter of leave by March 20.
If the numbers are not the same, this is the last day of the month: if the lease due date is august 31, then the tenant must have the letter of leave no later than february 28 (or february 29 in case of a leap year).
Holidays and weekends are included in this calculation: if the notice period ends on a sunday, it ends on that day, not on the previous friday or the following monday.
If the leave is given early well before the 6-month period, it is still valid, but it will take effect on the date it should have been given.
Example :
If the lease is due on September 20 but the tenant receives the letter of leave on March 3, the leave is valid, but the notice period does not begin until March 20 and the leave will take effect on September 20.
Tenant protected
The tenant may, depending on his age and income, be protected when the landlord wants to give him leave.
Depending on the case, the owner:
- cannot give leave
- or may grant leave, subject to certain conditions
Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 (at due date of the lease
- and if the cumulative amount of income (on the date he takes possession of the letter of leave) of all persons living in the dwelling is less than:
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at the lease due date)
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amount
- or if he offers the tenant, during the period of notice, a relocation solution that corresponds to his needs and possibilities, and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Tenant is over 65 years of age (as of lease due date)
The tenant is protected if his income (as of the date notification) are less than
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at due date of the lease
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amounts
- or if it offers the tenant a relocation solution that corresponds to his needs and possibilities and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Disputing the reason for the leave
The tenant may contest the validity of the leave granted to him for legitimate and serious reasons.
To do this, the tenant must send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible. This procedure is essential in order to be able to refer the matter to the judge, if necessary.
If no agreement is reached with this letter, the tenant or owner can enter the departmental conciliation board (optional and free).
If the disagreement persists, the tenant can enter the protection litigation judge the court on which the rented accommodation depends.
Who shall I contact
Furnished accommodation
The landlord may give the tenant leave (notice) to sell the property, or to take it back (to live or to house a relative), or for a reason legitimate and serious (especially if the tenant is at fault). He must comply with formal requirements and time limits (notice). The owner can only give leave for due date of the lease. There are protected tenants, to whom the owner may grant leave under certain conditions.
The mobility lease is subject to specific rules.
The landlord can give the tenant time off because he wants to sell the house.
To do this, the owner must:
- give leave to the tenant to release the premises by due date lease
- indicate in the letter of leave the reason for the leave (for sale)
FYI : the tenant does not benefit from right of first refusal to buy the house.
When can he get the house back?
The landlord must give leave to the tenant to release the premises by due date of the lease.
The tenant must leave the premises and return the keys to the owner by that date.
Who should I send the letter of leave to?
Reminder : the landlord must give the tenant time off for due date of the lease and indicate in the letter of leave the reason for the leave.
The owner must send the letter of leave to all signatories of the lease.
Special cases:
- If only one of the spouses is a signatory to the lease but the owner has been informed of the marriage, then the owner must send the letter of leave to both spouses.
- If only one of the Civil partnership partners has signed the lease, but the 2 partners have jointly requested that each partner's name be included in the lease, then the owner must send the letter of leave to the 2 Civil partnership partners.
How do I send the letter of leave?
The letter of leave must be sent to the tenant:
- by registered letter with acknowledgement of receipt
- by act of bailiff
- be hand delivered against outflow or received
Please note : to avoid possible difficulties, it is recommended to use an usher. However, there is a charge.
Notice periods
Leave granted by the owner shall not take effect until due date of the lease.
To be valid, the leave letter must be received by the tenant at least 3 months before the end of the lease.
If letter of leave arrives at the tenant late, the leave is not valid.
Depending on how the landlord sends the letter of leave, it is more or less easy to predict when the tenant will have it:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Letter of Leave sent by registered mail with acknowledgement
Notice period runs from the day of receipt effective recommended mail with acknowledgement.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not pick up the mail left at his disposal at the Post Office.
To avoid these difficulties, the owner can send the mail in advance to allow himself time to use a bailiff, if necessary.
Indeed, if the leave is given early well before the 3-month period, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If due date of the lease is september 20, but the tenant receives the letter of leave on june 3, the leave is valid, but the notice period does not begin until june 20 and the leave will take effect on september 20.
Letter of leave served by the bailiff
The notice period runs from the day the bailiff files or delivers the letter of leave to the tenant.
FYI : bailiff invoice to the owner.
Letter of Leave Handed Over Against Receipt or Departure
The notice period starts from the day the landlord hands the letter of leave to the tenant, against receipt or outflow.
Calculation of notice period
Reminder : in order for the leave to be valid, the tenant must receive the letter of leave at least 3 months before the due date of the lease.
For example, if the lease due date is September 20, then the tenant must have the letter of leave by June 20.
If the numbers are not the same, this is the last day of the month: if the lease due date is may 31, then the tenant must have the letter of leave no later than february 28 (or february 29 in the case of a leap year).
Holidays and weekends are included in this calculation: if the notice period ends on a sunday, it ends on that day, not on the previous friday or the following monday.
If the leave is given early well before the 3-month period, it is still valid, but it will take effect on the date it should have been given.
Example :
If the lease due date is September 20, but the tenant receives the letter of leave on June 3, the leave is valid, but the notice period does not begin until June 20 and the leave will take effect on September 20.
Tenant protected
The tenant may, depending on his age and income, be protected when the landlord wants to give him leave.
Depending on the case, the owner:
- cannot give leave
- or may grant leave, subject to certain conditions
Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 (at due date of the lease
- and if the cumulative amount of income (on the date he takes possession of the letter of leave) of all persons living in the dwelling is less than:
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at due date of the lease
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amount
- or if he offers the tenant, during the period of notice, a relocation solution that corresponds to his needs and possibilities, and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Tenant is over 65 years of age (as of lease due date)
The tenant is protected if his income (as of the date notification) are less than
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at due date of the lease
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amounts
- or if it offers the tenant a relocation solution that corresponds to his needs and possibilities and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Leave protest
Leave may be contested by the tenant.
This may be done for one of the following reasons:
- The leave letter does not contain the reason for the leave.
- The letter of leave was not sent to all tenants (for example: the leave was granted only to one of the 2 spouses)
- The letter of leave was sent by simple letter
- Notice period is less than 3 months
- The leave was granted to protected tenant
- The owner issued a leave to sell fraudulent
To do this, the tenant must send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible. This procedure is essential in order to be able to refer the matter to the judge, if necessary.
If no agreement is reached with this letter, the tenant or owner can enter the departmental conciliation board (optional and free).
If the disagreement persists, the tenant can enter the protection litigation judge the court on which the rented accommodation depends.
Who shall I contact
What's that about?
The landlord may give leave to his tenant to live in the dwelling or to accommodate a close relative.
The following persons are considered to be close relatives of the owner:
- her husband
- or his partner for at least 1 year on the date of the leave,
- or partner Civil partnerships recorded on the date of leave
- or ascending or that of her spouse, partner or partner Civil partnerships
- or downhill or that of her spouse, partner or partner Civil partnerships.
When can he get the house back?
The landlord must give leave to the tenant to release the premises by due date of the lease.
The tenant must leave the premises and return the keys to the owner by that date.
Leave letter content
The letter of leave addressed to the tenant must specify:
- The reason for the leave (to return to live or to house one of his relatives)
- The name and address of the beneficiary of the take-over
- The relationship between the owner and the beneficiary of the take-over
- An indication justifying the real and serious nature of the recovery
Who should I send the letter of leave to?
The owner must send the letter of leave to all signatories of the lease.
Special cases:
- If only one of the spouses is a signatory to the lease but the owner has been informed of the marriage, then the owner must send the letter of leave to both spouses.
- If only one of the Civil partnership partners has signed the lease, but the 2 partners have jointly requested that each partner's name be included in the lease, then the owner must send the letter of leave to the 2 Civil partnership partners.
How do I send the letter of leave?
The letter of leave must be sent to the tenant:
- by registered letter with acknowledgement of receipt
- by act of bailiff
- be hand delivered against outflow or received
Please note : to avoid possible difficulties, it is recommended to use an usher. However, there is a charge.
Notice periods
In order for the leave to be valid, the tenant must receive the letter of leave at least 3 months before the due date of the lease.
If letter of leave arrives at the tenant late, the leave is not valid.
Depending on how the landlord sends the letter of leave, it is more or less easy to predict when the tenant will have it:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Letter of Leave sent by registered mail with acknowledgement
Notice period runs from the day of receipt effective recommended mail with acknowledgement.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not pick up the mail left at his disposal at the Post Office.
To avoid these difficulties, the owner can send the mail in advance to allow himself time to use a bailiff, if necessary.
Indeed, if the leave is given early well before the 3-month period, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If the lease due date is September 20, but the tenant receives the letter of leave on June 3, the leave is valid, but the notice period does not begin until June 20 and the leave will take effect on September 20.
Letter of leave served by the bailiff
The notice period runs from the day the bailiff files or delivers the letter of leave to the tenant.
FYI : bailiff invoice to the owner.
Letter of Leave Handed Over Against Receipt or Departure
The notice period starts from the day the landlord hands the letter of leave to the tenant, against receipt or outflow.
Calculation of notice period
Reminder : in order for the leave to be valid, the tenant must receive the letter of leave at least 3 months before the due date of the lease.
For example, if due date of the lease is september 20, then the tenant must have the letter of leave no later than june 20.
If the numbers are not the same, this is the last day of the month: if the lease due date is may 31, then the tenant must have the letter of leave no later than february 28 (or february 29 in the case of a leap year).
Holidays and weekends are included in this calculation: if the notice period ends on a sunday, it ends on that day, not on the previous friday or the following monday.
If the leave is given early well before the 3-month period, it is still valid, but it will take effect on the date it should have been given.
Example :
If the lease due date is September 20, but the tenant receives the letter of leave on June 3, the leave is valid, but the notice period does not begin until June 20 and the leave will take effect on September 20.
Tenant protected
The tenant may, depending on his age and income, be protected when the landlord wants to give him leave.
Depending on the case, the owner:
- cannot give leave
- or may grant leave, subject to certain conditions
Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 (at due date of the lease
- and if the cumulative amount of income (on the date he takes possession of the letter of leave) of all persons living in the dwelling is less than:
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at due date of the lease
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amount
- or if he offers the tenant, during the period of notice, a relocation solution that corresponds to his needs and possibilities, and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Tenant is over 65 years of age (as of lease due date)
The tenant is protected if his income (as of the date notification) are less than
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at due date of the lease
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amounts
- or if it offers the tenant a relocation solution that corresponds to his needs and possibilities and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Leave protest
Leave may be contested by the tenant.
This may be done for one of the following reasons:
- The leave letter does not contain at least one of the required information. For example, the reason for the leave is not specified.
- The letter of leave was not sent to all tenants (for example: the leave was granted only to one of the 2 spouses)
- The letter of leave was sent by simple letter
- Notice period is less than 3 months
- The leave was granted to protected tenant
- The owner issued a leave for fraudulent resumption
To do this, the tenant must send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible. This procedure is essential in order to be able to refer the matter to the judge, if necessary.
If no agreement is reached with this letter, the tenant or owner can enter the departmental conciliation board (optional and free).
If the disagreement persists, the tenant can enter the protection litigation judge the court on which the rented accommodation depends.
Who shall I contact
What's that about?
The landlord can refuse to let the tenancy continue and decide to give the tenant leave to legitimate and serious reason. This is particularly the case when the tenant does not fulfil one of his obligations. For example, if the tenant causes neighbourhood nuisance or pays rent with repeated delays.
Warning : the law has not defined precisely what is meant by reason legitimate and serious. If the tenant challenges the leave before the judge, the landlord will have to prove the validity of the leave granted.
To do this, the owner must:
- give leave to the tenant to release the premises by due date of the lease.
- send the tenant a letter of leave indicating the reason for not renewing the lease
The tenant must leave the premises and return the keys to the owner by the lease's due date.
Who should I send the letter of leave to?
The owner must send the letter of leave to all signatories of the lease.
Special cases:
- If only one of the spouses is a signatory to the lease but the owner has been informed of the marriage, then the owner must send the letter of leave to both spouses.
- If only one of the Civil partnership partners has signed the lease, but the 2 partners have jointly requested that each partner's name be included in the lease, then the owner must send the letter of leave to the 2 Civil partnership partners.
How do I send the letter of leave?
The letter of leave must be sent to the tenant:
- by registered letter with acknowledgement of receipt
- by act of bailiff
- be hand delivered against outflow or received
Please note : to avoid possible difficulties, it is recommended to use an usher. However, there is a charge.
Notice periods
In order for the leave to be valid, the tenant must receive the letter of leave at least 3 months before the due date of the lease.
If letter of leave arrives at the tenant late, the leave is not valid.
Depending on how the landlord sends the letter of leave, it is more or less easy to predict when the tenant will have it:
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Letter of Leave sent by registered mail with acknowledgement
Notice period runs from the day of receipt effective recommended mail with acknowledgement.
If the mail has not been delivered to the tenant who was absent and has been returned to the landlord, the notice period cannot begin to run. The same applies if the tenant does not pick up the mail left at his disposal at the Post Office.
To avoid these difficulties, the owner can send the mail in advance to allow himself time to use a bailiff, if necessary.
Indeed, if the leave is given early well before the 3-month period, it is still valid, but it will take effect on the date on which it should have been given.
Example :
If due date of the lease is september 20, but the tenant receives the letter of leave on june 3, the leave is valid, but the notice period does not begin until june 20 and the leave will take effect on september 20.
Letter of leave served by the bailiff
The notice period runs from the day the bailiff files or delivers the letter of leave to the tenant.
FYI : bailiff invoice to the owner.
Letter of Leave Handed Over Against Receipt or Departure
The notice period starts from the day the landlord hands the letter of leave to the tenant, against receipt or outflow.
Calculation of notice period
Reminder : in order for the leave to be valid, the tenant must receive the letter of leave at least 3 months before the due date of the lease.
For example, if the lease due date is September 20, then the tenant must have the letter of leave by June 20.
If the numbers are not the same, this is the last day of the month: if the lease due date is may 31, then the tenant must have the letter of leave no later than february 28 (or february 29 in the case of a leap year).
Holidays and weekends are included in this calculation: if the notice period ends on a sunday, it ends on that day, not on the previous friday or the following monday.
If the leave is given early well before the 3-month period, it is still valid, but it will take effect on the date it should have been given.
Example :
If the lease due date is September 20, but the tenant receives the letter of leave on June 3, the leave is valid, but the notice period does not begin until June 20 and the leave will take effect on September 20.
Tenant protected
The tenant may, depending on his age and income, be protected when the landlord wants to give him leave.
Depending on the case, the owner:
- cannot give leave
- or may grant leave, subject to certain conditions
Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 (at due date of the lease
- and if the cumulative amount of income (on the date he takes possession of the letter of leave) of all persons living in the dwelling is less than:
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at due date of the lease
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amount
- or if he offers the tenant, during the period of notice, a relocation solution that corresponds to his needs and possibilities, and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Tenant is over 65 years of age (as of lease due date)
The tenant is protected if his income (as of the date notification) are less than
Number of persons | Types of people | Ile-de-France | Other | |
|---|---|---|---|---|
Paris or a city bordering Paris | Other | |||
1 | 1 person | €24,316 | €24,316 | €21,139 |
1 single person with mobility inclusion disability card | €36,341 | €36,341 | €28,231 | |
2 | 2 people | €36,341 | €36,341 | €28,231 |
Special situation: - Young couple - 2 persons of which at least 1 with mobility disability inclusion card - 1 single person with 1 dependant | €47,639 | €43,684 | €33,949 | |
3 | 3 people | €47,639 | €43,684 | €33,949 |
Special situation: - 3 persons of which at least 1 with mobility disability inclusion card - 1 single person with 2 dependants | €56,878 | €52,326 | €40,985 | |
4 | 4 people | €56,878 | €52,326 | €40,985 |
Special situation: - 4 persons of which at least 1 with mobility disability inclusion card - 1 single person with 3 dependants | €67,672 | €61,944 | €48,214 | |
5 | 5 people | €67,672 | €61,944 | €48,214 |
Special situation: - 1 person with 4 dependants - 5 persons of which at least 1 with mobility disability inclusion card | €76,149 | €69,707 | €54,338 | |
6+ | 6 people | €76,149 | €69,707 | €54,338 |
Per additional person | + €8,486 | + €7,767 | + €6,061 | |
Reminder : The communes bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Leeds Vallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, except:
- if the owner is over 65 years of age (at the lease due date)
- or if he has income (on the date the tenant takes possession of the letter of leave) less than the same maximum amounts
- or if it offers the tenant a relocation solution that corresponds to his needs and possibilities and is located nearby.
If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
In other cases, the new accommodation must be within 5 km.
Disputing the reason for the leave
The tenant may contest the validity of the leave granted to him for legitimate and serious reasons.
To do this, the tenant must send the owner a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible. This procedure is essential in order to be able to refer the matter to the judge, if necessary.
If no agreement is reached with this letter, the tenant or owner can enter the departmental conciliation board (optional and free).
If the disagreement persists, the tenant can enter the protection litigation judge the court on which the rented accommodation depends.
Who shall I contact
Housing governed by the 1948 law
The right to maintain a dwelling under the 1948 Act does not apply when the owner wishes to take over the dwelling in order to live or perform certain works. The owner may grant leave subject to the procedure (contents of the leave letter, notice periods).
Recovery Recipient
The landlord may give leave when he wishes to take over the dwelling provided that he does: its main residence or that:
- its main residence
- or that of her husband, or that of her ascending or descendantsor of the ascendants or descendants of his spouse
Protected Occupant
However, the right of take-over cannot be exercised by the owner:
- where the occupant is over 70 years of age and has an annual income of less than €29,620.50 (i.e., 1.5 times the annual amount of the Gross Sum)
- and the beneficiary of the take-over is under 65 years of age
In all other cases, the right of recovery applies, regardless of the age and income of the occupant.
Leave, notice periods and relocation offer
The landlord who gives leave is obliged to propose a relocation solution that meets the needs (personal, professional family) and the possibilities (income) of the occupant.
By exception, the obligation to propose a relocation solution does not apply to the owner:
- who has been in possession of the housing to be taken over for more than 10 years (or even more than 4 years)
- who is deprived of the dwelling he occupies
General case: obligation to offer relocation
The landlord who gives leave is obliged to propose a relocation solution that meets the needs (personal, professional family) and the possibilities (income) of the occupant.
The accommodation can be:
- or the accommodation occupied by the owner at the time of recovery
- or another dwelling belonging to it
- or a third-party dwelling
The leave must be made by deed of bailiff and indicate:
- Name and address of the owner of the proposed dwelling
- Address proposed
- Number of living rooms
- Degree of comfort
- Rent Price
- 3 months after the owner wishes to take over the dwelling and during which the occupant may take possession of the proposed dwelling
- The identity of the beneficiary of the takeover and his family situation and occupation
The occupant may accept the proposal by giving written consent within one month. If the landlord submits his refusal in writing within that period or if he does not take a decision within that period, he must refer the matter to the protection litigation judge to obtain the resumption of the dwelling and the appointment of an expert.
Exception: owner for more than 10 years of the housing to be taken over
The obligation to propose a relocation solution does not apply to the owner:
- who obtained the housing (by purchase, donation, inheritance, ...) more than 10 years ago
- or who obtained the dwelling (by purchase, donation, inheritance, ...) more than 4 years ago, provided that he can justify to the judge that he acquired the dwelling for the purpose of inhabiting it
The leave must be issued by bailiff to the occupant at least 6 months in advance. It shall:
- indicate that the right of resumption is exercised under article 19 of the law of 1to September 1948
- specify the date and method of acquisition of the dwelling
- state the name and address of the owner currently housing the recipient of the takeover, as well as the location and number of rooms of the accommodation occupied by the recipient
Exception: owner evicted from the house he occupies
This obligation does not apply to the owner:
- who is evicted from rented accommodation to an owner who exercises a right of recovery
- or who is evicted from a dwelling that is subject to expropriation or to a prohibition on dwelling in the premises because of danger or unsanitary conditions
- or who no longer benefits from his official accommodation for reasons beyond his control (retirement, ...)
However, the recipient of the takeover is required to make available to the occupant, if possible, the dwelling he previously occupied (e.g. accommodation of which he was a tenant or owner).
The leave must be issued by bailiff to the occupant at least 6 months in advance. It shall:
- Indicate that the right of resumption is exercised under article 20 of the Law of 1to September 1948
- Specify the category of owner
- Specify the method and date of acquisition of the building
- Provide any guidance to the occupant to verify the validity of the application
The landlord may give the tenant of the dwelling leave when he wishes to do some work there. The occupant of the premises must then leave the accommodation no later than the end of the notice period.
To do this, the owner must:
- send the occupant a letter of leave
- and offer the occupant a relocation solution
Work
The owner can take over the house if he wishes to do some work there.
These include:
- work that involves the demolition of the building and the construction of another building with a higher living surface and more housing than the demolished building.
The owner must obtain prior authorisation from the Minister responsible for construction or his delegate - or work to raise or add to the building to increase the living space, the number of units or the comfort of the building, and which make uninhabitable what is necessary for the occupant's dwelling.
The owner must obtain prior authorisation from the Minister responsible for construction or his delegate - building on courtyards, gardens or bare grounds.
Work must begin within 3 months of the last occupant of the building leaving.
Resettlement Solution
The landlord must offer the occupant a relocation solution that meets the personal (and professional if necessary) needs and their possibilities (income). The accommodation must also be located:
- If the municipality is divided into boroughs, the new dwelling must be located in the same arrondissement or in the neighbouring boroughs.
- If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighbouring canton belonging to the same commune or another commune divided into cantons.
- In other cases, the new accommodation must be within 5 km.
If the relocation solution provided by the owner does not comply with these characteristics, the occupant shall, after completion of the work:
- to reintegrate one of the units in the building
- and to remain there under the same conditions as before
To do this, the owner must:
- require the occupant, by registered letter with acknowledgement of receipt or by act of bailiff, to inform him if he wishes to return to the building.
- indicate to the occupant that he must reply to him within one month, by registered letter with acknowledgement of receipt or by act of bailiff.
Leave Letter and Notice Times
The letter of leave must reach the occupant by act of bailiff.
It shall:
- indicate the reason for the leave
- contain Article 13 and Article 13a of Law 48-360 of 1to September 1948
The owner must give 6 months notice to each occupant to empty the premises.