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Termination of a lease

Termination of a lease

1 - The notice to leave on the initiative of the tenant

The tenant can dismiss at any time by respecting an advance notice of three months. However, this period is reduced to a month in case of obtaining of a first employment, a transfer, an job loss, a new employment consecutive to a job loss, for the beneficiary of the active solidarity revenue and for an over 60 years old tenant whose health justifies a change of housing. The notice to leave must be notified to the lessor by registered letter with recorded delivery or be served notice on him by bailiff’s act. The period runs from the delivery of the mail or the date of the official notice. The tenant does not have to motivate his notice to leave.
 
2 - The notice to leave on the initiative of the lessor
 
The notice to leave given by the lessor is possible only in three cases, the term of notice being of six months. For lack of meeting the deadline of 6 months, the lease is automatically renewed for duration of 3 years.
 
• Recovery to live in the place
 
The owner can dismiss if he wishes to take back places to install his main housing there or to put a close relative up. This right of recovery can be exercised only by a person or for the benefit of the partners of a family civil society( SCI).
 
• Recovery to sell
 
The owner can also dismiss to sell the housing, free of any occupancy. The notice to leave notified to the tenant has to mention the asking price and the conditions of the sale. In particular, it has to mention the terms of payment of the price and recopy the first five paragraphs of the article 15-2 of the law of July 6th, 1989. The notice to leave is worth offer of sale for the benefit of the tenant during the first two months. If the tenant does not manifest himself during this period, he is deposed of any right of occupation for the term of the notice. If he goes buyer, the tenant has to sign the bill of sale within two months following his acceptance. This period is carried in four months if he indicated his we request a loan. If the owner decides to lower his sale price, the notary in charge of the sale has to notify the new conditions to the tenant, XXXunder pain of the sale being declared void. This notification sent to the new address communicated by the tenant is worth offer of sale during a month.
If the tenant does not leave the place while he lacks any right of occupation, the owner can seize the Court to obtain the validation of the notice to leave and the eviction of the tenant.
When the notice to leave was given too early, it is not worthless, but its effects are postponed to the date in which it should have been delivered.
On the contrary, the late notice to leave is worthless and the lease is renewed for duration of 3 years.
It is the reason why it is always preferable to turn to the services of a bailiff who will insure you of the date of delivery of the notice to leave and its regularity. If the rehousing of the tenant raises problem, the Court can grant him deadlines of at least of month and at most of one year.
The Judge will sometimes be brought to verify at posteriori the reality of the motive called in the notice to leave in particular if the lessor occupies the freed housing as holiday home or if he mentions to the tenant an obviously excessive price so that this one cannot exercise his right of pre-emption.

Recovery for serious and justifiable motive
 
The notice to leave for serious and justifiable motive sanctions the nonfulfilment of its obligations (irregular or late payment of the rents, neighbourhood disorders...) by the tenant.
 
3 - The automatic termination
 
Most of the leases contain a cancellation clause to end the lease in an automatic way in case of non-fulfilment of its obligations by the tenant. Such a clause can apply only in four cases: in case of non-payment of the rent and the rental expenses, the absence of payment of the deposit, the non-subscription of an insurance contract guaranteeing the civil liability of the tenant or the neighbourhood
disorders judicially noticed. Except in this last case, the lessor has first to make deliver a command by bailiff. As from the delivery of the command, the occupant has two months to settle his outstanding payments or one month to insure the place. If during this period, the tenant settles his situation, the command does not produce effect. If the tenant does not comply, the judge has to record the termination of the lease. He has no power of appreciation.

he case of the elderly

It is not possible to dismiss to a tenant of more than 70 years old whose annual resources are lower for one and a half time the annual amount of the SMIC (GUARANTEED MINIMUM WAGE) without proposing him a rehousing in the neighbourhood corresponding to its needs and to his financial capacities. However, the lessor can dismiss the tenant who satisfies these conditions if he is more than sixty years old himself or has also annual resources lower for one and a half time the amount of the SMIC. The age is estimated at the maturity date of the lease.

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