Principle: Tacit renewal of the lease
The lease contract is concluded for a minimum period of:
- 3 years if the owner is a person governed by private law (natural person, civil society, joint ownership, etc.)
- 6 years if the owner is a legal person (bank, insurance, etc.)
If at the end of the first term (3 or 6 years) neither party terminates the lease contract, it continues tacitly for an indefinite period at least equal to the initial contract.
However, the lease can be terminated at any time at the initiative of the tenant or the lessor.
This is a termination and not a resolution, because the lease is a successive performance contract.
The termination of the lease by the tenant
The tenant can terminate the lease at any time. However, he must inform the owner by registered letter or by bailiff at least. 3 months in advance : This is the notice period
This period can be reduced to 1 months in case of :
- Job Loss
- First job (moving from a student room to a bigger apartment)
- RSA benefit
- Change imposed by the tenant's age (+ 60 years) or his state of health (disability requiring an apartment on the ground floor, or specially fitted out, etc.)
The notice period starts from the receipt of the registered letter or the service of the bailiff's deed by the lessor.
The rent and the charges are due until the end of the notice.
Unless before this term a new tenant occupies the accommodation with the owner's agreement.
Termination of the lease by the owner
At the end of the first period (3 or 6 years), the owner must inform his tenant 6 months before the end of the term of his intention not to renew the lease.
The law only considers 3 cases for which he can terminate the lease:
- A legitimate and serious reason (non payment of rent, lack of home insurance, etc.)
- Sale of housing
- Resumption of housing: either to live there, or to accommodate a member of his family (children), his spouse, his PACS partner or his partner (with whom he has been with at least a year)
The reason for the leave must appear clearly in the notice letter given by the owner. Otherwise, the leave is null.
The tenant can leave before 6 months. He will only pay the rent and the charges relating to the time actually spent in the accommodation.