1 July 2016 bruno

Housing lease: Notice period under the French Law

Housing lease: Notice period under the French Law traesch lawyer

How long is the notice period of a housing lease under the French Law?

You are lessor or tenant under a housing lease contract in France.

WATCH OUT: the landlord cannot give notice at any time and for any reason, see:  Can I terminate the lease ?

HOUSING LEASE OF A UNFURNISHED FLAT

6 months for the landlord

If the flat or house is UNFURNISHED, the lease is governed by the July 6th, 1989 law. Article 15 of the July 6th 1989 law states that the notice period is six months before the end of the three-year lease if it is the landlord who wishes to terminate the lease.

1 or 3 months for the tenant AND at any time

The tenant who wants to leave his flat/house has to give a  3 months notice period, at any time during the lease.

The notice period for the tenant is 1 month if:

  • the apartment is in Paris (“zone très tendue”)
  • A first job
  • A new job after a recent job loss
  • A transfer to a far location
  • The tenant has a serious medical condition and has to move for medical reasons (if lease signed after 27th March 2014).
  • The tenant is a beneficiary of the welfare income “RSA”.

HOUSING LEASE OF A FURNISHED FLAT

Article L. 632-1 of the Code de la construction et de l’habitation

Article L. 632-1 of the Code de la construction et de l’habitation  governed the lease if :

  • the apartment or house is furnished,
  • it is the main residence of the tenant.

1 month notice period for the tenant

The notice period is one month for the tenant of a furnished flat.

3 months notice period for the landlord

The notice period is three months for the landlord/lessor of a furnished flat.

Mandatory notice by registered mail

Tenant and landlord have to send the notice letter by registered mail (or by a bailiff).

Beginning of the notice period

It is only after the tenant or the landlord accepts the notification by registered mail, that the 1 month period starts.

If the tenant/the landlord does not collect the registered/return mail,  the tenant/the landlord has to hire a bailiff.

Ask your question to our English-speaking lawyers for advice.

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