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Notice and formalities given by the owner (lessor)
Verified 02 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
What applies to you ?
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 a 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 pre-emption right, under certain conditions.
FYI
the owner may 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?
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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 2018 and the lease due date is May 31, 2021, he may give leave to the tenant to vacate the premises no later than the due date of the 1re extension to be held on 31 May 2023.
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 letter of leave.
The letter of leave shall indicate the following:
- 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 landlord 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:
- or by registered letter with acknowledgement of receipt
- or act of commissioner of justice (formerly act of judicial officer)
- either by hand-in-hand against outflow or signed receipt
You can't give leave by a simple email. A leave given in this way is not valid, even if it is accepted by return mail by its recipient.
But you can give leave by e-mail registered letter (REL). A leave given in this way is valid, provided that the addressee first declares that he accepts this method of sending, when the addressee is an individual.
Notice periods
In order for the leave to be valid, the tenant must receive the letter of leave 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.
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Letter of Leave sent by registered mail with acknowledgement of receipt
The notice period shall run 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 resort to a commissioner of justice, if necessary.
Indeed, if the leave is given in advance 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 from the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
commissioner of justice 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 and 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 on which 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.
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Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 years of age (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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
Tenant is over 65 years of age (as of the 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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
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 pre-emption right. 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 a near parent up to and including 3rd degree of the owner shall be 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, no later than 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 the 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 letter of leave 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 (real estate agent)
- The letter of leave was not addressed to all tenants (for example: only one of the 2 spouses was granted the leave)
- The letter of leave was sent by simple letter
- Notice period is less than 6 months
- The 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.
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 the leave
- or its partner Civil partnerships: titleContent recorded on the date of leave
- or ascending or that of her spouse, partner or partner Civil partnerships: titleContent
- or downhill or that of her spouse, partner or partner Civil partnerships: titleContent.
When can he get the house back?
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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 2022 and the lease due date is May 31, 2023, he may give the tenant leave for May 31, 2023, but the leave will only apply 2 years after the date of purchase. The tenant will therefore have until 1to March 2024 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 landlord 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:
- or by registered letter with acknowledgement of receipt
- or act of commissioner of justice (formerly act of judicial officer)
- either by hand-in-hand against outflow or signed receipt
You can't give leave by a simple email. A leave given in this way is not valid, even if it is accepted by return mail by its recipient.
But you can give leave by e-mail registered letter (REL). A leave given in this way is valid, provided that the addressee first declares that he accepts this method of sending, when the addressee is an individual.
Notice periods
In order for the leave to be valid, the tenant must receive the letter of leave 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:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Letter of Leave sent by registered mail with acknowledgement of receipt
The notice period shall run 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 resort to a commissioner of justice, if necessary.
Indeed, if the leave is given in advance 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 from the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
commissioner of justice 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 figures are not identical, 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 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 and 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 on which 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:
- may not give leave
- or may grant leave, subject to conditions
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Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 years of age (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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
Tenant is over 65 years of age (as of the 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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
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 addressed to all tenants (for example: only one of the 2 spouses was granted the leave)
- The letter of leave was sent by simple letter
- Notice period is less than 6 months
- The leave was granted to a 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.
What's that about?
The landlord can refuse to let the tenancy continue and decide to give the tenant time off 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 if he pays his 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
in the event of the tenant's 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 landlord 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:
- or by registered letter with acknowledgement of receipt
- or act of commissioner of justice (formerly act of judicial officer)
- either by hand-in-hand against outflow or signed receipt
You can't give leave by a simple email. A leave given in this way is not valid, even if it is accepted by return mail by its recipient.
But you can give leave by e-mail registered letter (REL). A leave given in this way is valid, provided that the addressee first declares that he accepts this method of sending, when the addressee is an individual.
Notice periods
In order for the leave to be valid, the tenant must receive the letter of leave 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 of receipt
The notice period shall run 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 resort to a commissioner of justice, if necessary.
Indeed, if the leave is given in advance 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 from the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
commissioner of justice 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 figures are not identical, 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 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 and 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 on which 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:
- may not give leave
- or may grant leave, subject to conditions
Répondez aux questions successives et les réponses s’afficheront automatiquement
Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 years of age (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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease is automatic, except:
- if the owner is over 65 years of age (as of 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
Tenant is over 65 years of age (as of the 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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
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.
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 (advance notice). The owner can only give leave for the 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 pre-emption right 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 landlord 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:
- or by registered letter with acknowledgement of receipt
- or act of commissioner of justice (formerly act of judicial officer)
- either by hand-in-hand against outflow or signed receipt
You can't give leave by a simple email. A leave given in this way is not valid, even if it is accepted by return mail by its recipient.
But you can give leave by e-mail registered letter (REL). A leave given in this way is valid, provided that the addressee first declares that he accepts this method of sending, when the addressee is an individual.
Notice periods
Leave granted by the owner shall not take effect until due date of the lease.
To be valid, the letter of leave must be received by the tenant at least 3 months before end of 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 of receipt
The notice period shall run 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 resort to a commissioner of justice, if necessary.
Indeed, if the leave is given in advance 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 from the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
commissioner of justice 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 figures are not identical, 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 and 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 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.
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:
- may not give leave
- or may grant leave, subject to conditions
Répondez aux questions successives et les réponses s’afficheront automatiquement
Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 years of age (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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
Tenant is over 65 years of age (as of the 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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
Leave protest
The 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 addressed to all tenants (for example: only one of the 2 spouses was granted the leave)
- The letter of leave was sent by simple letter
- Notice period is less than 3 months
- The leave was granted to a 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.
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 its partner Civil partnerships: titleContent recorded on the date of leave
- or ascending or that of her spouse, partner or partner Civil partnerships: titleContent
- or downhill or that of her spouse, partner or partner Civil partnerships: titleContent.
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 landlord 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:
- or by registered letter with acknowledgement of receipt
- or act of commissioner of justice (formerly act of judicial officer)
- either by hand-in-hand against outflow or signed receipt
You can't give leave by a simple email. A leave given in this way is not valid, even if it is accepted by return mail by its recipient.
But you can give leave by e-mail registered letter (REL). A leave given in this way is valid, provided that the addressee first declares that he accepts this method of sending, when the addressee is an individual.
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 of receipt
The notice period shall run 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 resort to a commissioner of justice, if necessary.
Indeed, if the leave is given in advance 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 from the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
commissioner of justice 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 figures are not identical, 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 and 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 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.
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:
- may not give leave
- or may grant leave, subject to conditions
Répondez aux questions successives et les réponses s’afficheront automatiquement
Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 years of age (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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
Tenant is over 65 years of age (as of the 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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
Leave protest
The 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 addressed to all tenants (for example: only one of the 2 spouses was granted the leave)
- The letter of leave was sent by simple letter
- Notice period is less than 3 months
- The leave was granted to a 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 time off 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 if he pays his 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 landlord by the lease's due date.
Who should I send the letter of leave to?
The landlord 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:
- or by registered letter with acknowledgement of receipt
- or act of commissioner of justice (formerly act of judicial officer)
- either by hand-in-hand against outflow or signed receipt
You can't give leave by a simple email. A leave given in this way is not valid, even if it is accepted by return mail by its recipient.
But you can give leave by e-mail registered letter (REL). A leave given in this way is valid, provided that the addressee first declares that he accepts this method of sending, when the addressee is an individual.
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 of receipt
The notice period shall run 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 resort to a commissioner of justice, if necessary.
Indeed, if the leave is given in advance 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 from the Commissioner of Justice
The notice period begins on the day the Commissioner of Justice files or delivers the letter of leave to the tenant.
FYI
commissioner of justice 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 figures are not identical, 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 and 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 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.
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:
- may not give leave
- or may grant leave, subject to conditions
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Tenant is less than 65 years of age on lease due date
The tenant is protected:
- a person over 65 years of age (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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
Tenant is over 65 years of age (as of the 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 | €25,165 | €25,165 | €21,878 |
1 single person with mobility inclusion disability card | €37,611 | €37,611 | €29,217 | |
2 | 2 people | €37,611 | €37,611 | €29,217 |
Special situation: | €49,303 | €45,210 | €35,135 | |
3 | 3 people | €49,303 | €45,210 | €35,135 |
Special situation: | €58,865 | €54,154 | €42,417 | |
4 | 4 people | €58,865 | €54,154 | €42,417 |
Special situation: | €70,036 | €64,108 | €49,898 | |
5 | 5 people | €70,036 | €64,108 | €49,898 |
Special situation: | €78,809 | €72,142 | €56,236 | |
6+ | 6 people | €78,809 | €72,142 | €56,236 |
Per additional person | + €8,782 | + €8,038 | + €6,273 | |
Reminder
The neighbouring communes of 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 Pre-Saint-Gervais, Levallois-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 renewal of the lease is automatic, except:
- if the owner is over 65 years of age (as of 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 to another commune divided into cantons.
In other cases, the new accommodation must be within a 5 km radius.
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 owner may give leave when he wishes to take over the dwelling provided that he does so: his principal 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 below €30,767.10 (i.e., 1.5 times the annual amount of the Gross Sum)
- and that 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
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General case: obligation to offer re-accommodation
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 offered 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 shall be made by deed of the Commissioner of Justice and shall indicate:
- Name and address of the owner of the proposed dwelling
- Address of the accommodation
- 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 occupier may accept the proposal by giving its 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 shall be granted by deed of the Commissioner of Justice 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 dwelling 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 or her official accommodation for reasons beyond his or her control (retirement..)
However, the recipient of the takeover is obliged to make available to the occupant, if possible, the housing he previously occupied (e.g., the housing he was a tenant or owner of).
The leave shall be granted by deed of the Commissioner of Justice 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 in which the owner is
- Indicate the method and date of acquisition of the building
- Provide any guidance to enable 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 a letter of leave to the occupant
- 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 - or the construction of buildings 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 to another commune divided into cantons.
- In other cases, the new accommodation must be within a 5 km radius.
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 deed of the commissioner of justice, to inform the occupant if the occupant wishes to return to the building.
- indicate to the occupant that he or she must respond within one month, by registered letter with acknowledgement of receipt or by deed of the commissioner of justice.
Letter of Leave and Notice Times
The letter of leave must be sent to the occupant by the Commissioner of Justice.
It shall:
- indicate the reason for the leave
- contain text 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.
Who can help me?
Find who can answer your questions in your region
For more information
Administrative information by telephone - Allo Public ServiceThe informants who answer you belong to the ministry in charge of housing and city planning.
Cost: Free Service
Attention: the service does not have access to users ' personal records and therefore cannot provide information on their status.
The service is available at the following times:
- Monday: 8:30 to 17:30
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8:30 to 17:30
- Friday: 1 pm to 4:15 pm
For more information
Departmental Agency for Housing Information (Adil)
- Act No. 89-462 of 6 July 1989 on rental reports: Article 15Empty Housing
- Order of 13 December 2017 on the information notice relating to the landlord's obligations and remedies and compensation of the tenantEmpty accommodation: information leaflet in case of leave to sell or live
- Act No. 89-462 of 6 July 1989 on rental reports: Article 25-8Furnished accommodation (lease signed since March 27, 2014)
- Construction and Housing Code: Articles L632-1 to L632-3Furnished accommodation (lease signed before March 27, 2014): protected tenant
- Act No. 48-1360 of 1 September 1948 on rental reportsHousing "Law 1948": leave for work (Articles 11 to 15), leave for resumption (Articles 18 to 25)
FAQ
- Social Housing (HLM): Can the landlord cancel the lease?
- What is the penalty for fraudulent notice given by the owner?
- Social housing or private housing: what differences for the tenant?
- Furnished or empty rental: what differences?
- Can the owner of a rented unit sell it in the course of a lease?
- What to do in case of a dispute related to the rental of a dwelling?
- Anah Convention: Can the landlord give the tenant a holiday?
- What are the different types of rental of furnished accommodation?
- Residential lease: can one send his leave (notice) by email?
- Selling rental accommodation: what are the rules?
- Does an e-mail registered letter have legal value?
- Vacant housing: length of lease, leave, notice, end of leaseNational Institute of Consumer Affairs (INC)
- Empty accommodation: information notice to be attached to the holiday to sell or liveLegifrance
- Act No. 89-462 of 6 July 1989 on rental reports: Article 15Legifrance
- Act No. 48-1360 of 1 September 1948: Article 13Legifrance