Lease termination by the landlord before the end of the term: rules, reasons, and procedures

While the tenant can terminate their lease agreement at any time, it is not the same for the landlord. They are required to wait for the renewal date corresponding to the expiration of the lease. However, the owner can terminate a lease for specific reasons and by respecting notice periods.

Definition of a residential lease

To understand why lease termination by the landlord before the end of the term is problematic, let's recall what a residential lease is. It is a contract signed by two parties: the owner of a house or an apartment, called the landlord on the one hand, and their tenant, called the lessee on the other. This contract stipulates that the landlord makes their property available to the lessee who pays them rent in return. It is the landlord who drafts the lease by defining all the rental terms. The tenant approves it after reading and signs it. Therefore, a termination of the lease by the owner cannot be done at any time and without a legitimate reason. Even at the end of the contract, they must respect legal obligations. Colonies, which is a company specialized in housing solutions, facilitates your steps for lease termination by the landlord before the end of the term. You simply need to deposit the required documents on the Colonies website, which subsequently transmits them to your tenant.

Who are the protected tenants?

There is a category of tenant that benefits from special protection: protected tenants. They are in fact protected by law against the notice given by the owner at the lease expiration date. A tenant is protected when they present two specific characteristics: They are over 65 years old, their resources are below the ceilings defined by law; Or they host a person over 65 years old. Their lease renewal is automatic. However, it may not be automatically renewed if: The landlord themselves is over 65 years old on the contract expiration date; The landlord's resources are also below the same ceilings; As an owner, they offer a rehousing solution to their tenant. The new housing must be in the same region or an adjacent district if the municipality is divided into districts. It must also correspond to the tenant's needs.

What are the reasons for terminating a lease?

The lease termination by the landlord before the end of the term can only be carried out in certain very explicit situations: the lease break for the sale of the housing, the lease termination for repossession of the housing, and the lease termination by the landlord for a legitimate and serious reason.

Lease termination for a legitimate and serious reason

The owner's decision to give notice to their tenant can be attached to a legitimate and serious reason. This may correspond to the tenant's failure to fulfill one of their obligations: A delay in rent payment that occurs often; Disturbances caused in the neighborhood; Poor maintenance of the property. This risks damaging it or putting it in peril; The tenant has sublet the housing without informing their owner; They wish to undertake large-scale work in the housing. These cases of tenant fault can push the owner not to present a legitimate justification to take back their property before the term.

Lease break for sale

Regardless of the lease contract expiration date, the owner has the right to put their house or apartment, in Paris or another city, up for sale at any time. Under penalty of nullity, the landlord must mention the reason for the alleged notice with certain mandatory mentions. In the case of a notice delivered for sale or for repossession, these mentions concern the owner's obligations and compensations as well as the tenant's own means of recourse. If the latter wishes to buy the property, they must inform the landlord within 2 months following the sale offer and mention whether or not they are taking out a mortgage. If applicable, they have a period of 2, or even 4 months, to sign the deed of sale.

Repossessing a home for a family member

Legally, lease termination by the landlord before the end of the term is possible if the landlord wishes to take back a home for a family member or for themselves, to make it their primary residence. A repossession for a secondary residence is not permitted. Furthermore, the owner can only give notice to their tenant if the family member in question is: their spouse; their partner for more than one year at the date of the notice; their PACS partner; ascendants or descendants; an ascendant or descendant of their spouse, partner, or PACS partner.

Primary residence or not: how to give notice?

When the housing serves as the tenant's primary residence, the conditions are more complex. Conversely, in the event that it constitutes their primary residence, the rules are more flexible. By primary residence, we mean the housing that hosts an entire family and where everyone has their center of material, professional, and personal interest. If the tenant pays their taxes at the address of the rented housing and resides there with their family eight months a year or more, it serves as their primary residence. The law provides for the possibility of terminating a rental contract before the term when the property represents the tenant's primary residence. The rules here are therefore imperative: The form of the notice (bailiff's act, registered letter, in-person delivery); The timing of the notice (end of contract); The reason for the notice (repossession, sale, or serious reason). In the case where the housing serves as a secondary residence, the notice does not impose strict rules. The landlord may not explain the motivations for the notice or take a shorter notice period.

Lease termination by the landlord before the end of the term: what procedure to follow?

The reasons invoked, the notice periods, and the content of the termination letter drafted by the landlord are subject to specific rules. The notification of the notice must be sent to the tenant by a registered letter with acknowledgment of receipt. It can also be delivered to them by a bailiff's act or in person. Other channels such as telephone or e-mail are not authorized. Attention, the reason for the notice must be visible. The following information is mandatory on the notice letter: The reason for the notice; The contact details of the beneficiary of the repossession; The existing family relationship; An indication justifying the real and reliable nature of the repossession.

Deadlines to respect

According to the Alur law, the notice letter must reach the tenant within a period of less than 6 months before the lease expiration date (in the case of an unfurnished rental). For a furnished rental, the period extends to 3 months. When the notice letter arrives at the tenant's home, they can leave the housing as they wish. The rent and charges related to the house will be payable for the time they occupy it. The purchaser of a home occupied by a tenant who wants to give them notice is subject to a few deadlines: If it is a notice for resale, they must sometimes wait until the first renewal. If it is a notice for repossession, when the contract expiration is less than 2 years after the acquisition, they must wait 2 years.

Eviction of the tenant

In the case where the tenant has not yet left the premises after the notice period has expired, the landlord can initiate a procedure before the court of the municipality where the housing is located. This step allows them to validate the notice and evict them. The Court of Cassation stipulated that this procedure is not valid before the expiration of the deadline. On the day of the notice, the two entities meet to establish a move-out inspection. If damage has been noted, sums corresponding to the damage can be deducted from the security deposit.

In which cases can the tenant contest the termination before the term?

The tenant has the right not to accept the notice if: All tenants did not receive the notice letter; The notice was not given by the landlord; The format is classic (simple letter); The notice concerns a protected tenant; The sale is linked to a fraudulent attempt. This contestation can occur in three distinct stages: Notification to the landlord by registered letter; Appeal to the departmental conciliation commission; Referral to the protection litigation judge.