When a furnished apartment rental is the main residence of the tenant, the landlord shall give him notice when asking him to leave and must respect a notice period of 3 months and give a reason. The tenant must pay the rent until his date of leave and may be protected if he has more than 65 years.
When can you ask the tenant to leave?
The landlord can ask his tenant to leave annually on anniversary of the signing of the lease with a 3 month notice period. It is possible every 3 years and with a 6 months notice period when it’s an unfurnished apartment rental. But in either case, the landlord must give a reason and send it to each of the roomates or each partner if the tenants are married.
If the landlord does not respect a notice period of 3 months, the notice won’t be nul and will be valid for the next deadline i.e for next year.
What are the reasons to ask the tenant to leave?
The landlord must give a reason when asking the tenant to leave if he wants to take back possession of the property or sell it, or give a legitimate and serious reason, particularly if the tenant has not fulfilled his obligations, for example non-payment of the rent. The notice must clearly indicate the alleged ground, otherwise it shall not be valid.
The landlord must give a reason when tacking back possession his property for himself, his spouse (cohabitee, maried or PACs), his ascendants, his descendants and those of his spouse, and the notice must now, on pain of nullity, state the name and address of the beneficiary of the recovery of the property, as well as the nature of the relationship with the landlord.
In case of dispute, the judge may check the reality of the reason for the leave and declare it invalid if it is not justified by legitimate and serious elements. Also a fraudulent decision take back possession of the property or to sell it shall be punished by a criminal fine which can reach €6 000 for a natural person and €30,000 for a corporation, this amount being commensurate with the seriousness of the findings.
Asking the tenant to leave by registered mail or act of bailiff
The leave must be notified by letter with request for acknowledgement of receipt or served by Act of bailiff. The period shall run from the day of receipt of the registered letter or the meaning of the Act of bailiff.
The Macron Act for growth, activity, and equality of economic opportunity provides that the leave granted in the context of a furnished rental can now be delivered in one’s own hand in exchange of the acknowledgment of receipt or a signature, as for an unfurnishedrental. It was indeed inconsistent that the modalities for give leave shall be more stringent for furnished rentals than forunfurnished ones.
The payment of rent for a furnished rental during the notice period
During the notice period, the tenant must pay his rent and charges only for the time where he held actually places if leave has been notified by the lessor.
On the other hand, it is liable to pay rent and charges for the duration of the notice if it is he who has notified the leave, unless the accommodation is occupied before the end of the notice by another tenant in agreement with the lessor.
Upon expiry of the notice period, the tenant is deprived of any title the rented property.
The case of tenants of more than 65 years
The landlord may give leave to an old tenant of more than 65 years whose annual resources are below a resource limit in force for the contracted rental housing allocation, unless a dwelling corresponding to its needs and its possibilities is offered. These provisions shall also apply when the tenant has dependant a person usually living in the dwelling and complying with these conditions.
However, these provisions shall not apply if the landlord himself over the age of 65 years or if its annual resources are under the resource limit mentioned above.
The age of the tenant or his dependant and that of the landlord are appreciated at the effective date of the leave and the amount of their resources is appreciated at the date of notification of the leave.
The landlord must respect the period of notice, formalism and give an acceptable reason when asking the tenant to leave.