Failure to renew the rental lease when it expires is a risk that all tenants must assume. However, the possibilities offered to the owner to recover the enjoyment of his property are limited and limited. What are the possible reasons for non-renewal of the lease? How can I avoid renewing the lease? Or what happens if my landlord does not renew my lease? This article goes through the procedure in detail.
Reasons for termination for the owner
The right to housing is a French principle which must be articulated with the right to property. Housing difficulties, particularly in metropolitan areas, have prompted legislators to protect tenants regarding their principal residence.
The rental contracts can be of different types: empty rental, furnished rental, commercial rental. The rules for renewing commercial leases are specific and the lessor is exposed to the payment of eviction indemnities in the absence of serious motivation since it jeopardizes the economic activity of its tenant.
For empty residential housing leases, the contract is concluded for a period of 3 years if the lessor is a natural person or 6 years if the lessor is a legal person. For a furnished rental, the rental contract is generally for one year, possibly 9 months in the case of rental to a student.
When the lessor gives his tenant leave, this leave must be justified either by his decision to resume or to sell the accommodation, either for a legitimate and serious reason, in particular the failure by the tenant of one of the obligations incumbent on him.
Leave to sell
The owner, by signifying the leave, must first offer the property to his tenant, thus specifying not only the intention to sell but the price requested, the terms of payment, the object of the sale (lots of co-ownership, cellar, parking) The tenant does not benefit from this priority at purchase if the owner cedes his accommodation to someone in his family up to the 3rd degree (nephew, great-grandparent).
Leave for resumption or to live in the accommodation
The owner may well want to rent his property for a few years to repay a loan and then wish to live there or house a member of his family. The property must then necessarily become the principal residence of the beneficiary. The owner can live in the accommodation himself or lodge there his husband, his PACS partner, his partner for more than a year, an ascendant or a descendant but also an ascendant or a descendant of his partner or his PACS partner.
Leave for serious and legitimate reason
The legislator has not defined the concept of serious and legitimate reason. Generally these are breaches of the obligations of the tenant. Thus, repeated delays in payment of the rent, abnormal neighborhood disturbances characterized. The owner has an interest in putting together a written record of breaches: letters of reminder in case of unpaid rents, letters of complaint from neighbors.