Rental notice: cancellation of the lease

Rental notice: cancellation of the lease

The tenant terminates the lease must observe a notice period of three months. But starting notice may be reduced to one month in some cases. The termination of the lease by the owner, in turn, subject to a notice period of six months.

The case reduced to 1 month notice widened significantly in recent years. Here are the rules in 2017, update the Alur Act 2014 and the 2015 Macron law.

Accuracy: these rules apply only bare rentals of housing to residence use (subject to the law of 6 July 1989). Not so to rent a second home, much less to commercial lease.

Tenant Notice

In principle, the tenant can leave a house or apartment at any time provided they respect a notice period of three months. But this time may be reduced or if agreed between the tenant and the owner (see the owner's consent to reduce the notice), or when the tenant is in one of the cases to reduce the notice one month.
In the notice, the owner will try more often to find a new tenant and housing tours will take place, cf. the lessor of access in case of starting a rental.

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One month's notice

In some cases, the notice that must respect the tenant may be reduced to one month. Here is the list of situations in which the notice from 3 months to 1 month.

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tension zone

The Alur Act introduced a notice reduced to one month for renters whose housing is located in a continuous urban area of ​​over 50 000 inhabitants where there is a marked imbalance between supply and demand for housing ("tension zone"). The list of municipalities affected by the notice of one month can be downloaded online: see list of cities in tension zone.

Before Macron law, the measure applied only to leases signed since March 27, 2014. Since August 8, 2015, all rentals located in tense area are affected regardless of the date of signing the lease.

For more information on the applicable conditions, please visit our plug tension zone and one month notice (Alur law).

involuntary job loss

The notice reduced to one month is granted when the tenant loses his job regardless of his will, that is to say when it is subject to dismissal.

Conventional break also gives entitlement to a reduction of the notice period (Case No. 15-15175 of the Court of Cassation (3rd Civil Chamber) of 9 June 2016).
In the case of contractual termination, see Location: notice reduced and contractual termination.

However, the arrival at the end of rights to unemployment does not receive the notice period of one month.

This case does not concern the retirements or resignations. But the Supreme Court granted the reduced notice for non-renewal of fixed-term contracts (8/12/99, appeal No. 98-10206).

This right to reduced notice is not given either non-employees and self-employed workers who put an end to their occupation (Court of Cassation, 3/16/94)

Job transfer

When the tenant is subject to a job transfer, it can benefit from the reduced to one month notice.

No terms of geographical distance is required in principle. Similarly, the mutation may entirely made have been requested by the employee himself. According to the Court of Cassation, the reduced notice is also permitted for employees who change residence to monitor their business (9/3/2004).

Resume Job

The tenant hired in a business after losing his previous job, may terminate the lease with a notice of one month.

First job

The one-month notice is given when the tenant enters the workforce and find a first job.

RSA

The benefit of the notice reduced to one month is granted to tenants who receive the RSA.

They must officially qualify for this allowance. Having respect means testing is not enough.

Allowance for disabled adults

Holders of the allowance for disabled adults (AAH) also benefit from reduced to one month notice.

Health

Tenants whose health requires a quick move may also be entitled to notice reduced, subject to a medical certificate justifying a change of residence. Warning: the reduction of the notice period of 3 months to 1 month does not apply in case of simple physical or mental fatigue, even if it has been certified by a physician.

Since the Alur and Macron laws, there are more than minimum age requirement (previously set at 60 years).

Assign a public housing

When the tenant of a private park housing is allocated for social housing, the notice is reduced to one month.

It is the same if a tenant in social housing exchange accommodation while staying in social housing, but only if the new housing belongs to the same social landlord. If the lessor is different, the notice period is 2 months.

PACS and marriage

Married spouses and PACS partners are legally co-owners of the lease. So just that one of them meets the above requirements for the notice be reduced to one month.

Application for Reduction

When the tenant does not fit into one of these categories, it still has the option to request a reduction of the period of notice to the owner. The latter is then free to accept or reject this request.

Mail template

To send his mail, the tenant can help our leave letter for a rental. If he enjoys the reduced notice, he can use the model notice reduced to 1 month. The letter must be sent by registered post with acknowledgment of receipt (AR) or hand delivered against annotating or receipt. The starting point for the notice period of three or months shall run from the date of receipt of the letter by the owner.

Departure without notice

It is sometimes possible to leave rented accommodation without notice even without obtaining the agreement of the owner.

unhealthy or indecent housing

The courts agreed and in some cases a waiver notice to the tenant when the unit it occupies is unhealthy or indecent. The situations are considered case by case. Among the housing justifying a departure without notice included such dwellings undergoing high humidity causing health problems to occupants, those whose electrical installation endangers the tenant or those not supplied with water for a certain period .

evidence

A tenant who wishes to leave without notice accommodation must in any case gather as much evidence on the state of housing. Examples: a bailiff, medical certificates, an inventory or copies of requests to the owner for work to be done.

Notice period

Lack of notice does not exempt the tenant to notify the owner. To do this, he must send him a leave letter with acknowledgment of receipt, in which he must mention the reasons for his departure, and attach all the documents at its disposal to assess the state of housing.

Calculation and rent

The tenant must continue to pay rent during the notice period. The landlord can not ask him the rent and expenses beyond the deadline.

The period of notice must be calculated from date to date. The lessor can not foresee otherwise by inserting rules in the lease contract a clause stipulating that all started month is due. Such a clause is illegal.

Example: A tenant who gives his leave on June 20 with a notice of 3 months to pay the rent and charges until 20 September. The owner can not force him to pay the entire month of September.

Owner notice

The owner can terminate it on the lease at maturity under certain conditions. But in any case, it must comply with a notice of six months. See Termination of the lease by the landlord.

See as well

  • The whole procedure to follow in case of termination of the lease by the lessee;
  • A free sample letter to give notice of termination of 3 months.
  • Willing formalities and procedures
  • Terminate his home insurance
  • While preparing an inventory
  • Termination of lease: mistakes Don'ts
  • A medical certificate on leparticulier.fr enough to benefit from the reduced notice of one month

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