Owner and tenant notice period
Rental : Notice period Owner and Tenant
It is possible to make a housing rental lease whether on the side of the tenant or the owner. In the event that the termination of the lease is at the origin of the tenant, the legal constraints remain more flexible. On the other hand, when the owner takes the initiative to terminate the contract, the framework of this approach is much more rigorous.
Termination of the rental lease by the tenant
- 1 month as part of a furnished rental,
- 1 month as part of an empty rental in a tense area,
- 3 months as part of an empty rental outside tense area.
Once done, it will be necessary to agree on a departure date by planning to carry out the inventory of fixtures as well as a delivery of the keys to the agency being mandated to administer the property or for the owner.
It is important to keep in mind that the tenant must not give any justification to break the lease.
Termination of the rental lease by the landlord
- 3 months as part of a furnished rental,
- 6 months as part of an empty rental.
However, unlike a termination resulting from the will of the tenant, the landlord must justify by certain reasons only the termination of the lease contract:
- The reason must be considered "legitimate and serious" to recover the housing, such as non-compliance with its obligations (unpaid, neighborhood disturbance, ...),
- The reason may correspond to an occupation of the dwelling in a personal capacity or a relative establishing his main residence there,
- The reason may be the sale of the occupied property.
When the tenant has been informed of the request to leave the property, he has the possibility to leave it before the expiry of the notice, it is however forbidden to oblige him to do so. When at the end of the lease, after a notice period respected by the owner, the tenant does not agree to leave the premises, an eviction procedure is possible. However, the eviction process cannot take effect immediately during a winter break.
Sale of occupied dwelling
When the nature of this request is a leave for sale, the tenant has a right of pre-emption relating to the acquisition of the dwelling. The buyer has the obligation to make an offer to sell that can potentially be negotiable, the tenant having two months to accept it. Once this period has expired, it is possible for the owner to offer the property for sale for other buyers. It is required by law that the owner breaks the lease by a registered letter with acknowledgment of receipt, by hand delivery with exchange of a receipt or finally by act of bailiff.
If a healthy relationship is maintained between the landlord and the tenant, in fact, it is possible to start by informing the tenant of the decision via a less formal means of communication. Once notified, in a second step and while respecting the notice periods, the formal phase comes to frame the process.
- 1 month as part of a furnished rental,
- 1 month as part of an empty rental in a tense area,
- 3 months as part of an empty rental outside tense area.
- In order to inform the owner, it is preferable and advisable to send a letter that he will receive with acknowledgment of receipt
- Once done, it will be necessary to agree on a departure date by planning to carry out the inventory of fixtures as well as a delivery of the keys to the agency being mandated to administer the property or for the owner.
You want to
to sell in Paris or its surroundings ?
Posted on 21/10/2021 by
Andy LECUYER
