Breaking a Rental Lease: A Complete Guide for the Tenant

As a tenant, it is crucial to be well-informed about your rights and obligations regarding rental management. If you wish to terminate your housing lease, a specific procedure must be followed depending on the type of housing and the geographic area. This guide supports you through every step to leave your home legally.

Lease Termination by the Tenant: The Fundamentals

Terminating a lease is a right guaranteed by Law No. 89-462. Unlike the landlord, the tenant can give notice at any time, without having to justify a particular reason (except to obtain a reduced notice period).

The Notice Period According to Property Type

The notice period is the duration during which the tenant continues to pay rent and charges after informing the owner of their departure:

• Furnished Rental: The notice period is 1 month.

• Unfurnished Housing: The standard period is 3 months.

• Special Case (Alur Law): The period is reduced to 1 month for housing located in a "high-demand zone" (zone tendue), regardless of the property type.

How to Terminate a Lease with a Reduced Notice Period?

Certain reasons allow the 3-month period to be reduced to 1 month, even for an unfurnished rental outside a high-demand zone:

• Professional relocation or loss of employment.

• Obtaining a first job or a new job following a loss of activity.

• Health status justifying a change of residence (medical certificate required).

• Recipient of RSA or AAH (social benefits).

• Allocation of social housing.

The Notice Letter: Formalities and Sending

To officially give notice, you must send a notice letter to the landlord. The law mandates three methods of delivery for the termination to be valid:

• Registered letter with acknowledgment of receipt (LRAR): the most secure method.

• Bailiff's act (Commissioner of Justice).

• Hand delivery against signature or receipt. The period starts from the day the owner effectively receives the letter. Ensure you include the property address, the planned departure date, and the reason if you are requesting a reduced notice.

Exceptional Cases: Departure Without Notice

Termination can occur without notice in situations of serious failure by the owner (insalubrity, lack of water, electrical danger). In these cases, the tenant must have built a file of evidence before leaving. Conversely, moving out "secretly" (without notice) exposes the tenant to prosecution in court.

Inventory and Security Deposit

Before the end of the lease, an appointment is set to conduct the move-out inventory. This is a key step: the owner must compare this state with the move-in inventory.

• If the premises are returned clean and without damage, the security deposit must be returned within 1 month.

• In case of non-payment of certain sums or necessary repairs, the landlord may withhold a portion of this guarantee.

Colonies: The Solution for a Simplified Life

Finding or terminating a rental lease can be complex. At Colonies, we make your life easier through coliving. Our contracts are flexible and adapted to young professionals. Whether you are ahead of your departure project or in urgent search, our site offers modern housing models where formalities are reduced to the strict minimum.