This summer, more than 15 million visitors will attend the 2024 Olympic and Paralympic Games. This was enough to whet the appetite of certain landlords, who are considering kicking out their tenants to rent their very expensive property, for the night. But giving notice to a tenant is not always possible, whether the accommodation is rented long-term furnished or with a bare lease.
First of all, “to be considered valid, notice can only be given by the lessor at the end of the three or six year lease,” recalls Laurent Dubois, founder of Monsuperlocataire.fr. It must also be notified at the latest six months before this deadline by registered mail or letter delivered by a bailiff. The law of July 6, 1989 also imposes conditions, because “an owner can only terminate a lease for three reasons, to be indicated in the letter”, specifies Thierry Benedic, president of the Benedic group.
The first is the recovery to live in the accommodation as a main residence or to accommodate an ascendant (parent, grandparent, etc.) or descendant (child, grandchild, etc.).
The second is recovery for sale, but in this case, the tenant has a right of pre-emption. “We must therefore provide him with the conditions of sale and the price, he then has two months to position himself,” explains Thierry Benedic. Good to know: if the sale price is lowered, the tenant’s right of pre-emption must be purged again.
Thirdly, breaking a lease is possible if the owner has a “legitimate and serious” reason, that is to say he proves that his tenant is failing to fulfill his obligations. Very complicated to demonstrate, it requires, for example, that the tenant is the cause of a major disturbance in the neighborhood or does not occupy the accommodation in the traditional way. This will be the case if he raises animals there professionally, stores goods, etc. Failing to respect these conditions, the tenant could decide to stay in the premises, judging that the leave is not valid. The owner will then be at a loss to dislodge it…
In addition, certain tenants are protected: those aged over 65 and with low income. They cannot have their lease terminated by their landlord, unless the latter relocates them elsewhere under the same conditions. The tenant can give notice whenever he wants, provided he informs his landlord and respects three months’ notice, and even just one month in tense areas.
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