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04/04/2024
All products
France

Student Lease Notice: Regulated Early Departure

Regardless of the type of accommodation, student tenants can terminate their lease at any time by providing notification to the landlord. A lease notice period must then be respected.

A student rental agreement can be concluded in the form of a standard lease, a mobility lease, or a 9-month student lease. Regardless of its nature, a lease signed by a student can be terminated early. A notice period must then be observed. The notice period for a student lease varies depending on the circumstances.

Our article on "student lease notice" shows you when to send your notice.

Student Lease Notice: Rules for Early Departure

Terminating a student lease before the end of the contract is possible and follows rules that the student tenant must be aware of.

Several reasons may lead to the early termination of a student rental agreement. Regardless of the reason for leaving, the student tenant must notify their early termination:

  • by registered letter with acknowledgment of receipt to the landlord;

  • by a bailiff;

  • or by hand delivery.

Notifying the intention to terminate the student lease before the end of the term is the first rule to follow.

What about notice periods?

Terminating a Student Lease Before the End of the Contract: Notice Periods

As with any tenant, a rental agreement signed by a student cannot be terminated without observing the notice periods. The duration of the student lease notice period varies.

Termination of a Student Lease with a 3-Month Notice Period

The 3-month notice period applies when the leased property is vacant, except in a few cases where it is reduced to one month.

If the student gives notice and vacates the property during the standard notice period (three months), they are legally obligated to pay the rent, and possibly the included charges, until the legal end of the notice period.

If another tenant takes possession of the premises and/or if an agreement with the landlord is reached, the student is exempt from paying for the unexpired months of the notice period.

1-Month Student Notice Period

A 1-month notice period must be observed in the following cases:

  • for furnished rentals;

  • for a 9-month student lease;

  • for a mobility lease;

for vacant properties in specific circumstances:

  • The property is located in an area classified as a tense zone by the authorities.

  • The student has secured their first job.

  • The student tenant presents a medical certificate and is required to move.

It should be noted that the Alur law and the Macron law authorize other reasons that are not compatible with student status.

An internship departure does not allow a reduction of the notice period to one month. An intern student is subject to the standard three-month notice period.

So far, we have addressed the termination of a student lease initiated by the tenant. The landlord also has the option to terminate a lease.

Terminating a Student Lease by the Landlord

The landlord cannot freely terminate a student lease. Generally, they must wait until the lease's expiry date to terminate it, except in cases where forfeiture clauses are present in the rental agreement (e.g., non-payment of rent).

The law protects the tenant more than the landlord. Thus, in the event of termination of a student lease (non-renewal), the landlord must observe a three-month notice period for a furnished property and six months for an unfurnished property.

The three legally acceptable reasons for termination initiated by the landlord are:

  • Occupying the property themselves or having it occupied by their spouse, ancestors, and/or descendants.

  • Selling the property.

  • Serious reasons: repeated late payments, degraded and poorly maintained housing, disturbances caused to neighbors, subletting, unauthorized transformation of the property, the leased property is not the primary residence...

Outside of these situations, the landlord cannot reclaim their property. If the termination is acceptable, the landlord remains bound by several obligations:

In the case of termination to sell: it constitutes a valid offer for sale during the first 2 months of the notice period.

In the case of termination for occupation of the property: the name and address of the beneficiary are notified to the tenant. The vacated property must be the principal residence of the beneficiary.

A student who receives a termination notice from the landlord only pays the rent and charges for the months they occupy the property. If they vacate an unfurnished apartment before the end of the legal period (six months), they do not pay for the entire period.

The Notice Letter for Terminating a Lease

The notice letter addressed to the landlord must include several pieces of information:

  • the intention to depart;

  • mention of articles 12 and 15 of law n° 89-462 of July 6, 1989;

  • the departure date;

  • the intention to set a date for the move-out inspection.

Finally, there are student accommodations that one does not wish to leave before completing their studies. This is particularly the case for Colonies residences. Our student or young professional tenants always express their desire to renew contracts upon expiration. For us, it is a pride and a recognition of the success of our mission: to offer a unique and unforgettable real estate experience for our clients. Take a look at our shared accommodation and co-living offers to get an idea of our perception of intelligent, flexible, and personalized renting.

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