14 December 2015 bruno

Can I terminate the lease?

Can I terminate the lease traesch lawyer

TERMINATION OF A FURNISHED HOUSING LEASE UNDER THE FRENCH LAW

FURNISHED AND MAIN RESIDENCE OF THE TENANT

IF the apartment or house is:

rented furnished

AND

Is the tenant’s main residence,

The lease is governed by article L. 632-1 of the Code de la construction et de l’habitation.

  • TERMINATION BY THE TENANT

AT ANY TIME

The tenant can terminate the lease AT ANY TIME during the one year lease and WITHOUT ANY REASON (No justification is needed).

1 MONTH NOTICE PERIOD

The tenant must do so with a 1 MONTH’s notice. The notice period is 1 MONTH for the tenant.

  • TERMINATION BY THE LANDLORD/LESSOR

TERMINATION SUBJECT TO SELLING, MOVING IN OR LONG TERM REPAIRS

However, the landlord is allowed to terminate the lease ONLY IF:

  • The apartment or house is to be sold,
  • The landlord or his children or parents are to move into the apartment,
  • Long term repairs in the flat are necessary,

3 MONTHS NOTICE PERIOD

The lessor/landlord has to give a 3 months notice period before the end of the one year lease renewed every year.

LATE NOTICE OR LEGALLY UNJUSTIFIED NOTICE

If the lessor gives a late notice or legally unjustified notice, the lease is renewed for 3 years.

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TERMINATION OF AN UNFURNISHED HOUSING LEASE (FRENCH LAW)

If the apartment or house is unfurnished, the termination of the lease is governed by article 15 of the 6th July 1989 law.

TERMINATION BY THE TENANT

The tenant can terminate the lease AT ANY TIME during of the three year-lease and WITHOUT ANY JUSTIFICATION.

The duration of the notice period is:

  • ONE MONTH (in Paris and big cities or if there is a medical reasons, loss of job, new job, RSA …)
  • 3 MONTHS notice in other case.

TERMINATION BY THE LANDLORD/LESSOR

The landlord is allowed to terminate the lease ONLY IF:

  • Selling of the real estate
  • The landlord or his children or parents are to move into the apartment
  • Long term repairs in the flat are necessary

Late or unjustified notice by the landlord: Lease Renewed for 3 years

Beware, the lessor has to be careful. A late notice or a legally unjustified notice, will renew automatically the lease for 3 years.

Me Bruno Traesch on radio FRANCE BLEU:

http://www.francebleu.fr/emissions/les-experts-france-bleu-107-1/maitre-bruno-traesch-expert-en-droit-de-l-immobilier

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