Notice and formalities of leave given by the owner (lessor)

Verified 01 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

What applies to you ?

The landlord may give the tenant leave (notice) to sell the dwelling, or to take it back (to live there or to house a relative), or for a reason legitimate and serious (in particular in the event of the tenant's fault). It must comply with formal requirements and time limits. Typically, the landlord must give leave for the lease due date. There are protected tenants, to which the owner may grant leave under certain conditions.

The lease of a Anah contracted accommodation and the lease of a social housing are subject to specific rules.

What's this about?

The landlord can give the tenant leave because he wants to sell the house.

The leave to sell is equivalent to an offer to sell to the tenant. The tenant may be the purchaser of the dwelling and is entitled to a right of first refusalunder certain conditions.

FYI

the owner can sell the property while the tenant occupies it, without informing him or her and without granting him or her leave.

On what date can he retrieve the accommodation?

General case

The landlord must give the tenant leave to vacate the premises no later than due date from the lease.

The landlord purchased the unit already occupied by a tenant

The current lease expires less than 3 years after the purchase

The date of purchase is the day of the signature of the authentic instrument.

The landlord may give the tenant leave to vacate the premises no later than due date of 1^er renewal or 1^re renewal of the lease in progress.

Example :

If the landlord purchased the unit on 1^er march 2019 and the lease expires on may 31, 2021, the lessee may be granted leave to vacate the premises no later than the 1 expiry date^re reappointment on May 31, 2024.

The current lease expires more than 3 years after the purchase

The date of purchase is the day of the signature of the authentic instrument.

The landlord may give the tenant leave to vacate the premises no later than due date from the lease.

Content of the letter of leave

The landlord must release the tenant by means of a leave letter.

The letter of leave shall state the following:

Leave reason (for sale)
Prices and conditions of sale of the rented accommodation and any rented annexes (parking, ...)
Precise description of the dwelling and any rented annexes (but it is not mandatory to indicate the size of the dwelling)
Statement of the first 5 paragraphs of II of article 15 of the law of 6 july 1989, which indicate the terms of the offer of sale to the tenant

The letter of leave must be accompanied by the information notice concerning the obligations of the lessor and the remedies and compensation available to the lessee.

Who should I send the holiday letter to?

The landlord must send the letter of leave to all signatories to the lease.

Special cases:

If only one of the spouses is a signatory to the lease, but the landlord has been informed of the marriage, then the landlord must send the letter of leave to the two spouses.
If only one of the Civil partnership partners has signed the lease, but the two partners have jointly requested that each be included in the lease, then the owner must address the leave letter to the two Civil partnership partners.

How do I send the holiday letter?

The letter of leave must be sent to the tenant:

or by registered letter with acknowledgement of receipt
either by act of commissioner of justice (formerly act of bailiff)
or by hand delivery against signature or receipt

You can't just give leave by e-mail. A leave given in this way is not valid, even if it is accepted by return of mail by its recipient.

But you can give leave by one registered letter (RL). A leave given in this way is valid, provided that the recipient declares beforehand that he accepts this method of dispatch, when this recipient is an individual.

Period of notice

In order for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date of the lease (or of 1^er renewal or renewal of the lease, in some cases).

If the letter of leave reaches the tenant late, the leave is not valid.

Depending on the method used by the landlord to send the letter of leave, it is more or less easy to predict the day when the tenant will have it.

Leave letter sent by registered mail with acknowledgement of receipt

The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.

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 go to the post office to pick up the mail left at his disposal.

To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.

Indeed, if leave is granted 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 granted.

Example :

If the due date the lease is on september 20, but when the tenant receives the letter of leave on march 3, the leave is valid, but the notice period does not start running until march 20 and the leave will take effect on september 20.

Letter of leave served by 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

the Commissioner of Justice billing for its intervention to the owner.

Hand-delivered leave letter against receipt or signing

The notice period begins on the day on which the landlord hands in hand the letter of leave to the tenant, against receipt or receipt.

Calculation of the period of notice

Reminder

for the leave to be valid, the tenant must have received the leave letter at least 6 months before the due date of the lease (or of 1^er renewal or 1^re renewal of the lease, in some cases).

For example, if the due date the lease is on september 20, so the tenant must have the letter of leave by march 20.

Where the figures are not identical, this is the last day of the month: if the due date of the lease is August 31, so the tenant must have the letter of leave by February 28 (or February 29 in the case of leap year).

Public 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 granted in advance well before the six-month period, it is still valid, but it will take effect on the date on which it should have been granted.

Example :

If the lease expires on September 20, but the tenant receives the letter of leave on March 3, the leave is valid, but the notice period starts to run only on March 20 and the leave will take effect on September 20.

Protected tenant

The tenant can, depending on his age and income, be protected when the landlord wants to give him leave:

The tenant is under 65 years of age at the end of the lease term

The tenant is protected:

if he is dependent on a person over 65 years of age (at due date lease)
and if the total of his income and that of the other dwellers is less than certain amounts. It's the revenue collected during calendar year the year in which the tenant took possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.

Tableau - Protected tenant: in case of leave received in 2023, his 2022 income must be less than these amounts:
Number of persons	Types of people	Île-de-France		Other region
Number of persons	Types of people	Paris or the city bordering Paris	Other municipality	Other region
1	1 person alone	€25,165	€25,165	€21,878
1	1 single person with mobility card disability inclusion	€37,611	€37,611	€29,217
2	2 people	€37,611	€37,611	€29,217
2	Special situation: Young couple 2 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 1 dependent	€49,303	€45,210	€35,135
3	3 people	€49,303	€45,210	€35,135
3	Special situation: 3 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 2 dependants	€58,865	€54,154	€42,417
4	4 people	€58,865	€54,154	€42,417
4	Special situation: 4 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 3 dependants	€70,036	€64,108	€49,898
5	5 people	€70,036	€64,108	€49,898
5	Special situation: 1 person with 4 dependants 5 persons of which at least 1 has the mobility card disability inclusion	€78,809	€72,142	€56,236
6 and above	6 people	€78,809	€72,142	€56,236
6 and above	Per additional person	+ €8,782	+ €8,038	+ €6,273

Reminder

The municipalities 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, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes

If the tenant meets these conditions, the lease is automatically renewed, except:

if the owner is over 65 (at due date lease)
or if he has income (at the date the tenant takes possession of the letter of leave) less than these same amounts
or if it offers the tenant, during the period of notice, an alternative accommodation corresponding to his needs and possibilities, and located nearby.
If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
In other cases, the new dwelling must be within a radius of 5 km.

The tenant is over 65 years of age (at the end of the lease)

The tenant is protected if his income is less than certain amounts. It's the revenue collected during calendar year the year in which the tenant took possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or deduction of tax.

Tableau - Protected tenant: in case of leave received in 2023, his 2022 income must be less than these amounts:
Number of persons	Types of people	Île-de-France		Other region
Number of persons	Types of people	Paris or the city bordering Paris	Other municipality	Other region
1	1 person alone	€25,165	€25,165	€21,878
1	1 single person with mobility card disability inclusion	€37,611	€37,611	€29,217
2	2 people	€37,611	€37,611	€29,217
2	Special situation: Young couple 2 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 1 dependent	€49,303	€45,210	€35,135
3	3 people	€49,303	€45,210	€35,135
3	Special situation: 3 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 2 dependants	€58,865	€54,154	€42,417
4	4 people	€58,865	€54,154	€42,417
4	Special situation: 4 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 3 dependants	€70,036	€64,108	€49,898
5	5 people	€70,036	€64,108	€49,898
5	Special situation: 1 person with 4 dependants 5 persons of which at least 1 has the mobility card disability inclusion	€78,809	€72,142	€56,236
6 and above	6 people	€78,809	€72,142	€56,236
6 and above	Per additional person	+ €8,782	+ €8,038	+ €6,273

Reminder

If the tenant meets these conditions, the lease is automatically renewed, except:

if the owner is over 65 (at due date lease)
or if he has income (at the date the tenant takes possession of the letter of leave) less than these same amounts
or if it offers the tenant an alternative accommodation corresponding to his needs and possibilities and located nearby.
If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
In other cases, the new dwelling must be within a radius of 5 km.

Offer of sale to the tenant

The leave to sell is an offer of sale to the tenant. The tenant may be the purchaser of the dwelling.

FYI

the owner can also to sell the dwelling during the lease without informing the tenant and without giving him leave.

Tenant's right of first refusal

The tenant benefits from a right of first refusal. It takes precedence over other buyers to buy the house.

If there are several tenants, everyone has a right of first refusal.

But the tenant's right of first refusal does not apply where close relative up to and including 3rd degree of the owner becomes the purchaser of the dwelling, to live in it (as the principal residence) for at least 2 years after the end of the notice.

FYI

The tenant who exercises his right of first refusal when selling his house does not have to pay a real estate agency commission.

Acceptance of the offer to sell

The offer of sale to the tenant is valid for the first 2 months of the notice.

To accept the offer for sale, the tenant must:

inform the owner by registered letter with notice of receipt, at the latest within the first 2 months of the legal notice of the owner
indicate whether he will apply for a mortgage, if so.

If the tenant accepts the offer to sell the house within the set time, any promise of sale signed between the owner and another buyer is canceled.

From the date of sending 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 end of the period for completion of the sale.

Refusal of the offer to sell

The tenant refuses the offer of sale in the following cases:

Or he sends a refusal to the owner
Either he does not respond to the owner within the first 2 months of the notice
Either he makes a counter-proposal that the landlord refuses

Consequently, the tenant must leave the premises at the latest on the last day of notice.

However, he can leave the premises at any time during the period of notice, he is then only obliged to pay the rent and charges until the date of delivery of the keys to the owner.

Dispute of leave

The leave may be contested by the tenant, whether or not it is still in the dwelling.

In particular, it may be used for one of the following reasons:

The holiday letter does not contain at least one of the mandatory information. For example, the reason for the leave is not indicated.
The leave was not granted by the owner or his representative (real estate agent)
The leave letter was not sent to all tenants (e.g. leave was sent to only one of the two spouses)
The letter of leave was sent by simple letter
The period of notice shall be 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 terms or at a better price
The owner has issued a leave to sell fraudulently

To do this, the tenant must send the landlord a registered letter with acknowledgement of receipt. The letter must explain the facts as precisely as possible. This is essential in order to be able to bring an action before the court, if necessary.

If no agreement is reached with this letter, the tenant or landlord can seize the departmental conciliation commission (optional and free).

If the disagreement persists, the tenant can seize the protection litigation judge the court on which the rented accommodation depends.

What's this about?

The landlord may give his tenant leave:

to make housing his main residence
or to house a close relative, who will make it his or her primary residence.

The following persons are considered to be a close relative of the owner:

her husband,
or his partner for at least 1 year on the date of the leave
or its partner in Civil partnerships: titleContent recorded on the date of leave
or a ascendant or that of his spouse, cohabiting partner or Civil partnerships: titleContent
or a descendant or that of his spouse, cohabiting partner or Civil partnerships: titleContent.

On what date can he retrieve the accommodation?

General case

The landlord must give the tenant leave to vacate the premises no later than due date from the lease.

The tenant must leave the premises and return the keys to the owner by this date at the latest.

The landlord purchased the unit already occupied by a tenant

The current lease expires less than 2 years after the purchase

The date of purchase is the day of the signature of the authentic instrument.

The landlord may give the tenant leave for the 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 at the latest 2 years after the purchase of the accommodation by the owner.

Example :

If the landlord purchased the unit on 1^er March 2022 and the lease's expiry date is May 31, 2023, the tenant may be granted leave of absence by May 31, 2023, but the leave may not apply until 2 years after the date of purchase. The tenant will therefore have up to 1^er March 2024 to leave the premises and return the keys to the owner.

The current lease expires more than 2 years after the purchase

The date of purchase is the day of the signature of the authentic instrument.

The landlord may give the tenant leave to vacate the premises by due date from the lease.

The tenant must leave the premises and return the keys to the owner by this date at the latest.

Content of the letter of leave

The letter of leave addressed to the tenant must specify:

The reason for the leave (to take over the accommodation to live there or to house one of his relatives)
The name and address of the beneficiary of the take-back
The relationship between the owner and the beneficiary of the takeover
An indication justifying the real and serious nature of the recovery

The letter of leave must be accompanied by the information notice concerning the obligations of the lessor and the remedies and compensation available to the lessee.

Who should I send the holiday letter to?

The landlord must send the letter of leave to all signatories to the lease.

Special cases:

If only one of the spouses is a signatory to the lease, but the landlord has been informed of the marriage, then the landlord must send the letter of leave to the two spouses.
If only one of the Civil partnership partners has signed the lease, but the two partners have jointly requested that each be included in the lease, then the owner must address the leave letter to the two Civil partnership partners.

How do I send the holiday letter?

The letter of leave must be sent to the tenant:

or by registered letter with acknowledgement of receipt
either by act of commissioner of justice (formerly act of bailiff)
or by hand delivery against signature or receipt

You can't just give leave by e-mail. A leave given in this way is not valid, even if it is accepted by return of mail by its recipient.

Period of notice

In order for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date of the lease (or of 1^er renewal or renewal of the lease, in some cases).

If the letter of leave reaches the tenant late, the leave is not valid.

Depending on the method used by the landlord to send the letter of leave, it is more or less easy to predict the day when the tenant will have it:

Leave letter sent by registered mail with acknowledgement of receipt

The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.

To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.

Indeed, if leave is granted 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 granted.

Example :

Letter of leave served by 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

the Commissioner of Justice billing for its intervention to the owner.

Hand-delivered leave letter against receipt or signing

The notice period begins on the day on which the landlord hands in hand the letter of leave to the tenant, against receipt or receipt.

Calculation of the period of notice

Reminder

for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date of the lease (or of 1^er renewal or 1^re renewal of the lease, in some cases).

For example, if the lease expires on September 20, then the tenant must have the letter of leave by March 20.

When the figures are not identical, it is the last day of the month: if the lease expires on August 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of a leap year).

Public 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 granted in advance well before the six-month period, it is still valid, but it will take effect on the date on which it should have been granted.

Example :

Protected tenant

The tenant can, depending on his age and income, be protected when the landlord wants to give him leave:

The tenant is under 65 years of age at the end of the lease term

The tenant is protected:

if he is dependent on a person over 65 years of age (at due date lease)
and if the total of his income and that of the other dwellers is less than certain amounts. It's the revenue collected during calendar year the year in which the tenant took possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.

Tableau - Protected tenant: in case of leave received in 2023, his 2022 income must be less than these amounts:
Number of persons	Types of people	Île-de-France		Other region
Number of persons	Types of people	Paris or the city bordering Paris	Other municipality	Other region
1	1 person alone	€25,165	€25,165	€21,878
1	1 single person with mobility card disability inclusion	€37,611	€37,611	€29,217
2	2 people	€37,611	€37,611	€29,217
2	Special situation: Young couple 2 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 1 dependent	€49,303	€45,210	€35,135
3	3 people	€49,303	€45,210	€35,135
3	Special situation: 3 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 2 dependants	€58,865	€54,154	€42,417
4	4 people	€58,865	€54,154	€42,417
4	Special situation: 4 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 3 dependants	€70,036	€64,108	€49,898
5	5 people	€70,036	€64,108	€49,898
5	Special situation: 1 person with 4 dependants 5 persons of which at least 1 has the mobility card disability inclusion	€78,809	€72,142	€56,236
6 and above	6 people	€78,809	€72,142	€56,236
6 and above	Per additional person	+ €8,782	+ €8,038	+ €6,273

Reminder

If the tenant meets these conditions, the lease is automatically renewed, except:

if the owner is over 65 (at due date lease)
or if he has income (at the date the tenant takes possession of the letter of leave) less than these same amounts
or if it offers the tenant, during the period of notice, an alternative accommodation corresponding to his needs and possibilities, and located nearby.
If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
In other cases, the new dwelling must be within a radius of 5 km.

The tenant is over 65 years of age (at the end of the lease)

Tableau - Protected tenant: in case of leave received in 2023, his 2022 income must be less than these amounts:
Number of persons	Types of people	Île-de-France		Other region
Number of persons	Types of people	Paris or the city bordering Paris	Other municipality	Other region
1	1 person alone	€25,165	€25,165	€21,878
1	1 single person with mobility card disability inclusion	€37,611	€37,611	€29,217
2	2 people	€37,611	€37,611	€29,217
2	Special situation: Young couple 2 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 1 dependent	€49,303	€45,210	€35,135
3	3 people	€49,303	€45,210	€35,135
3	Special situation: 3 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 2 dependants	€58,865	€54,154	€42,417
4	4 people	€58,865	€54,154	€42,417
4	Special situation: 4 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 3 dependants	€70,036	€64,108	€49,898
5	5 people	€70,036	€64,108	€49,898
5	Special situation: 1 person with 4 dependants 5 persons of which at least 1 has the mobility card disability inclusion	€78,809	€72,142	€56,236
6 and above	6 people	€78,809	€72,142	€56,236
6 and above	Per additional person	+ €8,782	+ €8,038	+ €6,273

Reminder

If the tenant meets these conditions, the lease is automatically renewed, except:

if the owner is over 65 (at due date lease)
or if he has income (at the date the tenant takes possession of the letter of leave) less than these same amounts
or if it offers the tenant an alternative accommodation corresponding to his needs and possibilities and located nearby.
If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
In other cases, the new dwelling must be within a radius of 5 km.

Dispute of leave

The leave may be contested by the tenant, whether or not it is in the dwelling.

In particular, it may be used for one of the following reasons:

The holiday letter does not contain at least one of the required information. For example, the reason for the leave is not indicated.
The leave letter was not sent to all tenants (e.g. leave was sent to only one of the two spouses)
The letter of leave was sent by simple letter
The period of notice shall be less than 6 months
The leave was granted to a protected tenant
The owner has issued a leave for fraudulent resumption

If no agreement is reached with this letter, the tenant or landlord can seize the departmental conciliation commission (optional and free).

If the disagreement persists, the tenant can seize the protection litigation judge the court on which the rented accommodation depends.

What's this about?

The landlord may refuse to allow the lease to continue and may decide to give the tenant leave to legitimate and serious reason.

This is particularly the case when the tenant does not fulfill one of his obligations. For example, if the tenant causes nuisance in the neighborhood or if he pays his rent with repeated delays.

But the law has not defined precisely what constitutes a ground legitimate and serious. If the tenant challenges the leave before the judge, the landlord will have to prove the validity of the leave granted.

On what date can he retrieve the accommodation?

The landlord must give the tenant leave to vacate the premises no later than due date from the lease.

The tenant must leave the premises and return the keys to the owner by this date at the latest.

Reminder

in case of fault of the tenant, the landlord can decide to terminate the lease, under certain conditions. The termination can then take place during the lease.

Content of the letter of leave

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 holiday letter to?

The landlord must send the letter of leave to all signatories to the lease.

Special cases:

If only one of the spouses is a signatory to the lease, but the landlord has been informed of the marriage, then the landlord must send the letter of leave to the two spouses.
If only one of the Civil partnership partners has signed the lease, but the two partners have jointly requested that each be included in the lease, then the owner must address the leave letter to the two Civil partnership partners.

How do I send the holiday letter?

The letter of leave must be sent to the tenant:

or by registered letter with acknowledgement of receipt
either by act of commissioner of justice (formerly act of bailiff)
or by hand delivery against signature or receipt

You can't just give leave by e-mail. A leave given in this way is not valid, even if it is accepted by return of mail by its recipient.

Notice periods

In order for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date from the lease.

If the letter of leave reaches the tenant late, the leave is not valid.

Depending on the method used by the landlord to send the letter of leave, it is more or less easy to predict the day when the tenant will have it:

Leave letter sent by registered mail with acknowledgement of receipt

The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.

To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.

Indeed, if leave is granted 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 granted.

Example :

Letter of leave served by 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

the Commissioner of Justice billing for its intervention to the owner.

Hand-delivered leave letter against receipt or signing

The notice period begins on the day on which the landlord hands in hand the letter of leave to the tenant, against receipt or receipt.

Calculation of the period of notice

Reminder

for the leave to be valid, the tenant must receive the leave letter at least 6 months before the due date from the lease.

For example, if the lease expires on September 20, then the tenant must have the letter of leave by March 20.

Public 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 granted in advance well before the six-month period, it is still valid, but it will take effect on the date on which it should have been granted.

Example :

Dispute of the ground for leave

The tenant may challenge the validity of the leave granted to him for legitimate and serious reasons.

If no agreement is reached with this letter, the tenant or landlord can seize the departmental conciliation commission (optional and free).

If the disagreement persists, the tenant can seize the protection litigation judge the court on which the rented accommodation depends.

The landlord may give the tenant leave (notice) to sell the dwelling, or to take it back (to live there or to house a relative), or for a reason legitimate and serious (in particular in the event of the tenant's fault). It must comply with formal requirements and time limits (notice). The owner may only grant leave for the due date from the lease. There are protected tenants, to which the owner may grant leave under certain conditions.

The mobility lease is the subject of specific rules.

The landlord can give the tenant leave because he wants to sell the house.

To do this, the owner must:

give the tenant leave to vacate the premises no later than due date lease
indicate in the leave letter the reason for the leave (to sell)

FYI

the tenant does not benefit from a right of first refusal to buy the house.

On what date can he retrieve the accommodation?

The landlord must give the tenant leave to vacate the premises no later than due date from the lease.

The tenant must leave the premises and return the keys to the owner by this date at the latest.

Who should I send the holiday letter to?

Reminder

the landlord must give the tenant leave for the 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 to the lease.

Special cases:

If only one of the spouses is a signatory to the lease, but the landlord has been informed of the marriage, then the landlord must send the letter of leave to the two spouses.
If only one of the Civil partnership partners has signed the lease, but the two partners have jointly requested that each be included in the lease, then the owner must address the leave letter to the two Civil partnership partners.

How do I send the holiday letter?

The letter of leave must be sent to the tenant:

or by registered letter with acknowledgement of receipt
either by act of commissioner of justice (formerly act of bailiff)
or by hand delivery against signature or receipt

You can't just give leave by e-mail. A leave given in this way is not valid, even if it is accepted by return of mail by its recipient.

Period of notice

The leave granted by the owner may take effect only on due date from the lease.

To be valid, the leave letter must be received by the tenant at least 3 months before end of lease.

If the letter of leave reaches the tenant late, the leave is not valid.

Depending on the method used by the landlord to send the letter of leave, it is more or less easy to predict the day when the tenant will have it:

Leave letter sent by registered mail with acknowledgement of receipt

The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.

To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.

Indeed, if leave is granted early well before the three-month period, it is still valid, but it will take effect on the date on which it should have been granted.

Example :

If the due date the lease date is september 20, but when 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 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

the Commissioner of Justice billing for its intervention to the owner.

Hand-delivered leave letter against receipt or signing

The notice period begins on the day on which the landlord hands in hand the letter of leave to the tenant, against receipt or receipt.

Calculation of the period of notice

Reminder

for the leave to be valid, the tenant must receive the leave letter at least 3 months before the due date from the lease.

For example, if the lease expires on September 20, then the tenant must have the letter of leave by June 20.

When the figures are not identical, it is the last day of the month: if the lease expires on May 31, then the tenant must have the letter of leave by February 28 (or February 29 in the case of a leap year).

Public 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 granted 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 granted.

Example :

If the lease expires on September 20, but the tenant receives the letter of leave on June 3, the leave is valid, but the notice period starts to run only on June 20 and the leave will take effect on September 20.

Protected tenant

The tenant can, depending on his age and income, be protected when the landlord wants to give him leave:

The tenant is under 65 years of age at the end of the lease term

The tenant is protected:

if he is dependent on a person over 65 years of age (at due date lease)
and if the total of his income and that of the other dwellers is less than certain amounts. It's the revenue collected during calendar year the year in which the tenant took possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.

Tableau - Protected tenant: in case of leave received in 2023, his 2022 income must be less than these amounts:
Number of persons	Types of people	Île-de-France		Other region
Number of persons	Types of people	Paris or the city bordering Paris	Other municipality	Other region
1	1 person alone	€25,165	€25,165	€21,878
1	1 single person with mobility card disability inclusion	€37,611	€37,611	€29,217
2	2 people	€37,611	€37,611	€29,217
2	Special situation: Young couple 2 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 1 dependent	€49,303	€45,210	€35,135
3	3 people	€49,303	€45,210	€35,135
3	Special situation: 3 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 2 dependants	€58,865	€54,154	€42,417
4	4 people	€58,865	€54,154	€42,417
4	Special situation: 4 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 3 dependants	€70,036	€64,108	€49,898
5	5 people	€70,036	€64,108	€49,898
5	Special situation: 1 person with 4 dependants 5 persons of which at least 1 has the mobility card disability inclusion	€78,809	€72,142	€56,236
6 and above	6 people	€78,809	€72,142	€56,236
6 and above	Per additional person	+ €8,782	+ €8,038	+ €6,273

Reminder

If the tenant meets these conditions, the lease is automatically renewed, except:

if the owner is over 65 (at due date lease)
or if he has income (at the date the tenant takes possession of the letter of leave) less than these same amounts
or if it offers the tenant, during the period of notice, an alternative accommodation corresponding to his needs and possibilities, and located nearby.
If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
In other cases, the new dwelling must be within a radius of 5 km.

The tenant is over 65 years of age (at the end of the lease)

Tableau - Protected tenant: in case of leave received in 2023, his 2022 income must be less than these amounts:
Number of persons	Types of people	Île-de-France		Other region
Number of persons	Types of people	Paris or the city bordering Paris	Other municipality	Other region
1	1 person alone	€25,165	€25,165	€21,878
1	1 single person with mobility card disability inclusion	€37,611	€37,611	€29,217
2	2 people	€37,611	€37,611	€29,217
2	Special situation: Young couple 2 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 1 dependent	€49,303	€45,210	€35,135
3	3 people	€49,303	€45,210	€35,135
3	Special situation: 3 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 2 dependants	€58,865	€54,154	€42,417
4	4 people	€58,865	€54,154	€42,417
4	Special situation: 4 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 3 dependants	€70,036	€64,108	€49,898
5	5 people	€70,036	€64,108	€49,898
5	Special situation: 1 person with 4 dependants 5 persons of which at least 1 has the mobility card disability inclusion	€78,809	€72,142	€56,236
6 and above	6 people	€78,809	€72,142	€56,236
6 and above	Per additional person	+ €8,782	+ €8,038	+ €6,273

Reminder

If the tenant meets these conditions, the lease is automatically renewed, except:

if the owner is over 65 (at due date lease)
or if he has income (at the date the tenant takes possession of the letter of leave) less than these same amounts
or if it offers the tenant an alternative accommodation corresponding to his needs and possibilities and located nearby.
If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
In other cases, the new dwelling must be within a radius of 5 km.

Dispute of leave

The leave may be contested by the tenant.

In particular, it may be used for one of the following reasons:

The leave letter does not contain the reason for the leave.
The leave letter was not sent to all tenants (e.g. leave was sent to only one of the two spouses)
The letter of leave was sent by simple letter
The period of notice shall be less than three months
The leave was granted to a protected tenant
The owner has issued a leave to sell fraudulently

If no agreement is reached with this letter, the tenant or landlord can seize the departmental conciliation commission (optional and free).

If the disagreement persists, the tenant can seize the protection litigation judge the court on which the rented accommodation depends.

What's this about?

The landlord may give his tenant leave to live in the dwelling or to house a close relative.

The following persons are considered to be a close relative of the owner:

her husband,
or his partner for at least 1 year on the date of leave,
or its partner in Civil partnerships: titleContent recorded on the date of leave
or a ascendant or that of his spouse, cohabiting partner or Civil partnerships: titleContent
or a descendant or that of his spouse, cohabiting partner or Civil partnerships: titleContent.

On what date can he retrieve the accommodation?

The landlord must give the tenant leave to vacate the premises no later than due date from the lease.

The tenant must leave the premises and return the keys to the owner by this date at the latest.

Content of the letter of leave

The letter of leave addressed to the tenant must specify:

The reason for the leave (to take over the accommodation to live there or to house one of his relatives)
The name and address of the beneficiary of the take-back
The relationship between the owner and the beneficiary of the takeover
An indication justifying the real and serious nature of the recovery

Who should I send the holiday letter to?

The landlord must send the letter of leave to all signatories to the lease.

Special cases:

If only one of the spouses is a signatory to the lease, but the landlord has been informed of the marriage, then the landlord must send the letter of leave to the two spouses.
If only one of the Civil partnership partners has signed the lease, but the two partners have jointly requested that each be included in the lease, then the owner must address the leave letter to the two Civil partnership partners.

How do I send the holiday letter?

The letter of leave must be sent to the tenant:

or by registered letter with acknowledgement of receipt
either by act of commissioner of justice (formerly act of bailiff)
or by hand delivery against signature or receipt

You can't just give leave by e-mail. A leave given in this way is not valid, even if it is accepted by return of mail by its recipient.

Period of notice

In order for the leave to be valid, the tenant must receive the leave letter at least 3 months before the due date from the lease.

If the letter of leave reaches the tenant late, the leave is not valid.

Depending on the method used by the landlord to send the letter of leave, it is more or less easy to predict the day when the tenant will have it:

Leave letter sent by registered mail with acknowledgement of receipt

The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.

To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.

Indeed, if leave is granted early well before the three-month period, it is still valid, but it will take effect on the date on which it should have been granted.

Example :

Letter of leave served by 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

the Commissioner of Justice billing for its intervention to the owner.

Hand-delivered leave letter against receipt or signing

The notice period begins on the day on which the landlord hands in hand the letter of leave to the tenant, against receipt or receipt.

Calculation of the period of notice

Reminder

for the leave to be valid, the tenant must receive the leave letter at least 3 months before the due date from the lease.

For example, if the due date the lease is on september 20, so the tenant must have the letter of leave by june 20.

Public 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 granted 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 granted.

Example :

Protected tenant

The tenant can, depending on his age and income, be protected when the landlord wants to give him leave:

The tenant is under 65 years of age at the end of the lease term

The tenant is protected:

if he is dependent on a person over 65 years of age (at due date lease)
and if the total of his income and that of the other dwellers is less than certain amounts. It's the revenue collected during calendar year the year in which the tenant took possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.

Tableau - Protected tenant: in case of leave received in 2023, his 2022 income must be less than these amounts:
Number of persons	Types of people	Île-de-France		Other region
Number of persons	Types of people	Paris or the city bordering Paris	Other municipality	Other region
1	1 person alone	€25,165	€25,165	€21,878
1	1 single person with mobility card disability inclusion	€37,611	€37,611	€29,217
2	2 people	€37,611	€37,611	€29,217
2	Special situation: Young couple 2 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 1 dependent	€49,303	€45,210	€35,135
3	3 people	€49,303	€45,210	€35,135
3	Special situation: 3 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 2 dependants	€58,865	€54,154	€42,417
4	4 people	€58,865	€54,154	€42,417
4	Special situation: 4 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 3 dependants	€70,036	€64,108	€49,898
5	5 people	€70,036	€64,108	€49,898
5	Special situation: 1 person with 4 dependants 5 persons of which at least 1 has the mobility card disability inclusion	€78,809	€72,142	€56,236
6 and above	6 people	€78,809	€72,142	€56,236
6 and above	Per additional person	+ €8,782	+ €8,038	+ €6,273

Reminder

If the tenant meets these conditions, the lease is automatically renewed, except:

if the owner is over 65 (at due date lease)
or if he has income (at the date the tenant takes possession of the letter of leave) less than these same amounts
or if it offers the tenant, during the period of notice, an alternative accommodation corresponding to his needs and possibilities, and located nearby.
If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
In other cases, the new dwelling must be within a radius of 5 km.

The tenant is over 65 years of age (at the end of the lease)

Tableau - Protected tenant: in case of leave received in 2023, his 2022 income must be less than these amounts:
Number of persons	Types of people	Île-de-France		Other region
Number of persons	Types of people	Paris or the city bordering Paris	Other municipality	Other region
1	1 person alone	€25,165	€25,165	€21,878
1	1 single person with mobility card disability inclusion	€37,611	€37,611	€29,217
2	2 people	€37,611	€37,611	€29,217
2	Special situation: Young couple 2 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 1 dependent	€49,303	€45,210	€35,135
3	3 people	€49,303	€45,210	€35,135
3	Special situation: 3 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 2 dependants	€58,865	€54,154	€42,417
4	4 people	€58,865	€54,154	€42,417
4	Special situation: 4 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 3 dependants	€70,036	€64,108	€49,898
5	5 people	€70,036	€64,108	€49,898
5	Special situation: 1 person with 4 dependants 5 persons of which at least 1 has the mobility card disability inclusion	€78,809	€72,142	€56,236
6 and above	6 people	€78,809	€72,142	€56,236
6 and above	Per additional person	+ €8,782	+ €8,038	+ €6,273

Reminder

If the tenant meets these conditions, the lease is automatically renewed, except:

if the owner is over 65 (at due date lease)
or if he has income (at the date the tenant takes possession of the letter of leave) less than these same amounts
or if it offers the tenant an alternative accommodation corresponding to his needs and possibilities and located nearby.
If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
In other cases, the new dwelling must be within a radius of 5 km.

Dispute of leave

The leave may be contested by the tenant.

In particular, it may be used for one of the following reasons:

The holiday letter does not contain at least one of the required information. For example, the reason for the leave is not indicated.
The leave letter was not sent to all tenants (e.g. leave was sent to only one of the two spouses)
The letter of leave was sent by simple letter
The period of notice shall be less than three months
The leave was granted to a protected tenant
The owner has issued a leave for fraudulent resumption

If no agreement is reached with this letter, the tenant or landlord can seize the departmental conciliation commission (optional and free).

If the disagreement persists, the tenant can seize the protection litigation judge the court on which the rented accommodation depends.

Who shall I contact

Judicial Tribunal

What's this about?

The landlord may refuse to allow the lease to continue and may decide to give the tenant leave to legitimate and serious reason. This is particularly the case when the tenant does not fulfill one of his obligations. For example, if the tenant causes nuisance in the neighborhood or if he pays his rent with repeated delays.

Warning

the act has not defined precisely what constitutes a ground 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 the tenant leave to vacate the premises no later than due date from the lease.
send a letter of leave to the tenant indicating the reason for the non-renewal of the lease

The tenant must leave the premises and return the keys to the landlord no later than the expiry date of the lease.

Who should I send the holiday letter to?

The landlord must send the letter of leave to all signatories to the lease.

Special cases:

If only one of the spouses is a signatory to the lease, but the landlord has been informed of the marriage, then the landlord must send the letter of leave to the two spouses.
If only one of the Civil partnership partners has signed the lease, but the two partners have jointly requested that each be included in the lease, then the owner must address the leave letter to the two Civil partnership partners.

How do I send the holiday letter?

The letter of leave must be sent to the tenant:

or by registered letter with acknowledgement of receipt
either by act of commissioner of justice (formerly act of bailiff)
or by hand delivery against signature or receipt

You can't just give leave by e-mail. A leave given in this way is not valid, even if it is accepted by return of mail by its recipient.

Period of notice

In order for the leave to be valid, the tenant must receive the leave letter at least 3 months before the due date from the lease.

If the letter of leave reaches the tenant late, the leave is not valid.

Depending on the method used by the landlord to send the letter of leave, it is more or less easy to predict the day when the tenant will have it:

Leave letter sent by registered mail with acknowledgement of receipt

The period of notice shall begin on the day of receipt effective registered mail with acknowledgement of receipt.

To avoid these difficulties, the landlord can send the mail in advance to give himself time to call on a commissioner of justice, if necessary.

Indeed, if leave is granted early well before the three-month period, it is still valid, but it will take effect on the date on which it should have been granted.

Example :

Letter of leave served by 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

the Commissioner of Justice billing for its intervention to the owner.

Hand-delivered leave letter against receipt or signing

The notice period begins on the day on which the landlord hands in hand the letter of leave to the tenant, against receipt or receipt.

Calculation of the period of notice

Reminder

for the leave to be valid, the tenant must receive the leave letter at least 3 months before the due date from the lease.

For example, if the lease expires on September 20, then the tenant must have the letter of leave by June 20.

Public 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 granted 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 granted.

Example :

Protected tenant

The tenant can, depending on his age and income, be protected when the landlord wants to give him leave:

The tenant is under 65 years of age at the end of the lease term

The tenant is protected:

if he is dependent on a person over 65 years of age (at due date lease)
and if the total of his income and that of the other dwellers is less than certain amounts. It's the revenue collected during calendar year the year in which the tenant took possession of the leave. The income taken into account is that which must be declared regularly for tax purposes, before deduction or tax reductions.

Tableau - Protected tenant: in case of leave received in 2023, his 2022 income must be less than these amounts:
Number of persons	Types of people	Île-de-France		Other region
Number of persons	Types of people	Paris or the city bordering Paris	Other municipality	Other region
1	1 person alone	€25,165	€25,165	€21,878
1	1 single person with mobility card disability inclusion	€37,611	€37,611	€29,217
2	2 people	€37,611	€37,611	€29,217
2	Special situation: Young couple 2 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 1 dependent	€49,303	€45,210	€35,135
3	3 people	€49,303	€45,210	€35,135
3	Special situation: 3 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 2 dependants	€58,865	€54,154	€42,417
4	4 people	€58,865	€54,154	€42,417
4	Special situation: 4 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 3 dependants	€70,036	€64,108	€49,898
5	5 people	€70,036	€64,108	€49,898
5	Special situation: 1 person with 4 dependants 5 persons of which at least 1 has the mobility card disability inclusion	€78,809	€72,142	€56,236
6 and above	6 people	€78,809	€72,142	€56,236
6 and above	Per additional person	+ €8,782	+ €8,038	+ €6,273

Reminder

If the tenant meets these conditions, the lease is automatically renewed, except:

if the owner is over 65 (at due date lease)
or if he has income (at the date the tenant takes possession of the letter of leave) less than these same amounts
or if it offers the tenant, during the period of notice, an alternative accommodation corresponding to his needs and possibilities, and located nearby.
If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
In other cases, the new dwelling must be within a radius of 5 km.

The tenant is over 65 years of age (at the end of the lease)

Tableau - Protected tenant: in case of leave received in 2023, his 2022 income must be less than these amounts:
Number of persons	Types of people	Île-de-France		Other region
Number of persons	Types of people	Paris or the city bordering Paris	Other municipality	Other region
1	1 person alone	€25,165	€25,165	€21,878
1	1 single person with mobility card disability inclusion	€37,611	€37,611	€29,217
2	2 people	€37,611	€37,611	€29,217
2	Special situation: Young couple 2 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 1 dependent	€49,303	€45,210	€35,135
3	3 people	€49,303	€45,210	€35,135
3	Special situation: 3 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 2 dependants	€58,865	€54,154	€42,417
4	4 people	€58,865	€54,154	€42,417
4	Special situation: 4 persons of which at least 1 has the mobility card disability inclusion 1 person alone with 3 dependants	€70,036	€64,108	€49,898
5	5 people	€70,036	€64,108	€49,898
5	Special situation: 1 person with 4 dependants 5 persons of which at least 1 has the mobility card disability inclusion	€78,809	€72,142	€56,236
6 and above	6 people	€78,809	€72,142	€56,236
6 and above	Per additional person	+ €8,782	+ €8,038	+ €6,273

Reminder

If the tenant meets these conditions, the lease is automatically renewed, except:

if the owner is over 65 (at due date lease)
or if he has income (at the date the tenant takes possession of the letter of leave) less than these same amounts
or if it offers the tenant an alternative accommodation corresponding to his needs and possibilities and located nearby.
If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
In other cases, the new dwelling must be within a radius of 5 km.

Dispute of the ground for leave

The tenant may challenge the validity of the leave granted to him for legitimate and serious reasons.

If no agreement is reached with this letter, the tenant or landlord can seize the departmental conciliation commission (optional and free).

If the disagreement persists, the tenant can seize the protection litigation judge the court on which the rented accommodation depends.

Who shall I contact

Judicial Tribunal

The right of the occupier to remain in the dwelling under the 1948 Act does not apply where the owner wishes to take over the dwelling in order to live there or to carry out certain works. The owner may grant leave subject to the procedure (content of the leave letter, notice periods).

Recipient of the recovery

The owner may give leave when he wishes to take over the dwelling provided he makes it: his main residence or that:

his main residence
or that of her spouse, or that of her ascendants or descendants, or that of the relatives in the ascending line or descendants of his spouse

Protected Occupant

However, the right to take back may not be exercised by the owner:

where the occupant is over 70 years of age and has an annual income of less than €31,449.60 (i.e. 1.5 times the annual amount of the gross minimum wage)
and the beneficiary of the recovery 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 offer of alternative accommodation

The owner giving the leave has the obligation to propose an alternative accommodation in accordance with the needs (personal, family and professional) and the possibilities (income) of the occupant.

By way of exception, the obligation to provide alternative accommodation does not apply to the owner:

who has had the dwelling to be taken over for more than 10 years (or even for more than 4 years)
who is deprived of the dwelling he occupies

General case: obligation to make an offer of relocation

The owner giving the leave has the obligation to propose an alternative accommodation in accordance with the needs (personal, family and professional) and the possibilities (income) of the occupant.

The accommodation offered can be:

or the dwelling occupied by the owner at the time of the take-over
or another dwelling belonging to him
a dwelling belonging to a third party

Leave must be granted by an act of the Commissioner of Justice and must indicate:

Name and address of owner of proposed dwelling
Address of proposed accommodation
Number of habitable rooms
Degree of comfort
Rent price
Three months after which the owner wants to take back the dwelling and during which the occupant can take possession of the proposed dwelling
Identity of the beneficiary of the recovery, as well as his family situation and profession

The occupier may accept the proposal with written consent within one month. If he gives notice of his refusal in writing within this period or if he does not give a decision within this period, the owner must summon him before 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 housing to be taken over

The obligation to provide alternative accommodation 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, on condition that he can justify to the judge that he acquired the dwelling for the purpose of living there

The leave must be granted by an act of the Commissioner of Justice to the occupant at least 6 months in advance. It shall:

state that the right to take back is exercised pursuant to article 19 of the law of 1^er september 1948
specify the date and method of acquisition of the dwelling
enter the name and address of the owner who currently houses the beneficiary of the transfer, and the location and number of rooms of the dwelling occupied by the beneficiary

Exception: Evicted owner of the dwelling he occupies

This obligation does not apply to the owner:

who is evicted from a dwelling which he rents to an owner who himself exercises a right of take-back
or is evicted from a dwelling that is subject to expropriation or a prohibition on living 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 beneficiary of the take-back is obliged to make available to the occupant, if possible, the dwelling which he previously occupied (for example: dwelling of which he was a tenant or owner).

The leave must be granted by an act of the Commissioner of Justice to the occupant at least 6 months in advance. It shall:

State that the right to take back is exercised under Article 20 of the Law of 1^er september 1948
Specify the category in which the owner is located
Indicate the method and date of acquisition of the immovable
Provide any information that would enable the occupant to verify the validity of the request

The landlord can give the tenant of the dwelling leave when he wants to do some work there. The occupant of the premises will then have to leave the accommodation at the latest at the end of the notice period.

To do this, the owner must:

send a letter of leave to the occupant
and offer the occupier alternative accommodation

Work involved

The owner can take over the accommodation when he wishes to carry out some work.

These are:

work involving the demolition of the building to build another one with a higher living area and containing more housing than the demolished building.
The owner must obtain prior authorization from the Minister responsible for construction or his delegate
or by raising or adding construction to increase the living space, the number of dwellings or the comfort of the building, and which render uninhabitable what is necessary for the dwelling of the occupant.
The owner must obtain prior authorization from the Minister responsible for construction or his delegate
or the construction of buildings on courtyards, gardens or bare land.

Work must begin within 3 months of the departure of the last occupant of the building.

Alternative accommodation

The landlord must offer the occupant an alternative accommodation in accordance with his personal needs (and professional if necessary) and his possibilities (income). The accommodation must also be located:

If the municipality is divided into arrondissements, the new dwelling must be situated in the same arrondissement or in the neighboring arrondissements or in the neighboring communes of the borough.
If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
In other cases, the new dwelling must be within a radius of 5 km.

If the alternative accommodation provided by the owner does not comply with these characteristics, the occupier is entitled, after completion of the works:

to reintegrate one of the dwellings of the building
and to remain there under the same conditions as previously

To do this, as soon as the work is completed, the owner must:

demand that the occupant, by registered letter with acknowledgement of receipt or by an act of the commissioner of justice, inform him if he wants 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 the Commissioner of Justice.

Leave letter and notice periods

The letter of leave must reach the occupant by an act of the Commissioner of Justice.

It must:

indicate the reason for the leave
contain text from Article 13 and Article 13a of Law 48-360 of 1^er september 1948

The owner must give 6 months notice to each of the occupants to empty the premises.

Who can help me?

Find who can answer your questions in your region

For more information
Telephone administrative information - Allo Public Service
The 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 files and therefore cannot provide information on their progress.
The service is available at the following times:
Monday: 8.30am to 5.30pm
Tuesday: 8:30 to 12:15
Wednesday: 8:30 to 12:15
Thursday: 8.30am to 5.30pm
Friday: 1 p.m. to 4:15 p.m
Request a call
For more information
Departmental Agency for Housing Information (Adil)

Law No. 89-462 of 6 July 1989 on rental relationships: article 15Empty housing
Order of 13 December 2017 on the information notice relating to the obligations of the lessor and remedies and compensation of the lesseeEmpty housing: information notice in case of leave to sell or live
Law No. 89-462 of 6 July 1989 on rental relationships: article 25-8Furnished accommodation (lease signed since March 27, 2014)
Law No. 48-1360 of 1 September 1948 on rental relationshipsHousing "Law 1948": leave for work (Articles 11 to 15), leave for resumption (Articles 18 to 25)

FAQ

Empty dwelling: lease duration, leave, notice, end of rentalNational Institute of Consumer Affairs (INC)
Empty housing: information notice to be attached to the leave to sell or liveLegifrance
Law No. 89-462 of 6 July 1989 on rental relationships: article 15Legifrance
Law No. 48-1360 of 1 September 1948: Article 13Legifrance

Notice and formalities of leave given by the owner (lessor)

What applies to you ?

Civil partnerships :