Tenants have the right to terminate their residential lease at any time under French law, provided they adhere to a notice period, which varies depending on whether the rental is furnished or unfurnished. In high-demand areas, this period can be shortened. Specific circumstances, such as health issues or domestic violence, may allow for a reduced notice period. To officially terminate a lease, tenants must notify their landlord through a formal letter and conduct an exit inventory before returning the keys.
How Tenants Can Terminate Their Rental Lease
It’s important to understand that tenants under a residential lease governed by law n° 89-462 of July 6, 1989 (the most prevalent type of lease) have the right to terminate their lease at any time, without needing to provide a specific reason. However, they must adhere to a notice period, which can vary based on several factors.
Determining the Notice Period: 1 Month or 3 Months?
Notice Periods for Furnished vs. Unfurnished Rentals
When a tenant in an unfurnished property wishes to end their lease, they typically must provide a three-month notice (as per article 15). Conversely, if the property is furnished, the notice period is shortened to just one month (refer to article 25-8).
For those under the new mobility lease (article 25-15), the notice period is also one month, similar to a standard furnished lease.
Notice Periods in High-Demand Areas
The location of the rental property plays a significant role, especially for unfurnished leases. If the property is situated in a high-demand area, the notice period can be reduced to one month (as outlined in article 17). The list of such municipalities is specified in the annex of decree n° 2013-392 dated May 10, 2013.
How to Shorten a Notice Period from 3 Months to 1 Month
Professional Circumstances
French law allows tenants to shorten their notice period from three months to one month for unfurnished properties under certain professional circumstances. This includes situations such as starting a new job (excluding fixed-term contracts that transition to permanent roles), being transferred, or facing job loss.
Health-Related Moves
A legitimate reason to reduce the notice period is the need to relocate due to health concerns. The law acknowledges that tenants suffering from illness or disabilities may require a move closer to medical facilities or adaptations to their living environment.
In such cases, tenants must provide a medical certificate that substantiates their need for a new residence.
Social Housing Allocation
If a tenant is allocated social housing, they can also terminate their lease with a reduced notice period of one month. This situation typically arises after a long wait for social housing and can be applied to those receiving active solidarity income or disability allowances.
Domestic Violence Situations
Victims of domestic violence have the right to terminate their lease with a simplified process, enjoying a one-month notice period without needing to justify their circumstances. This provision is covered under article 15 of the ELAN law enacted on November 23, 2018, aimed at bolstering protections against domestic violence.
Required Documentation
To validate the reduction of the notice period, tenants must provide relevant documentation to the landlord. This may include employment contracts, medical certificates, transfer letters, proof of social housing allocation, or certification of social assistance eligibility.
Steps to Terminate a Rental Lease
Notifying the Landlord
To formally notify the landlord of the lease termination, tenants should draft a clear and concise letter. The letter should include the property address and reference the lease termination without needing to provide a rationale.
This notice can be sent via registered mail with acknowledgment of receipt, delivered by a bailiff, or handed over in person with a signature confirmation.
Adhering to the Notice Period
Tenants seeking to shorten their notice period should explicitly mention this in their notification letter, along with the reason for the reduction. Required supporting documents should accompany the letter. The notice period commences from the date the landlord receives the registered letter, the bailiff’s notice, or the hand-delivered letter.
Conducting an Exit Inventory
An exit inventory is essential for both the tenant and landlord to assess the property’s condition and identify any potential damages. This step is crucial for determining necessary repairs or potential deductions from the security deposit. Ultimately, the tenant must return the keys to the landlord.
Sample Notice Letter for Lease Termination
Below is a template for a letter to send to your landlord when terminating your lease.
Subject: Notice of Rental Lease Termination with [One Month/Three Months] Notice Period
Dear [Landlord’s Name],
I am writing to inform you of my intention to terminate the rental lease for the property located at [full address], in accordance with article [applicable law, e.g., ‘law of July 6, 1989’].
The notice period for this termination will be [one month/three months], based on the following circumstances: [Specify if you are requesting a one-month reduction and provide the reason].
The notice period will commence upon receipt of this letter, and I will vacate the premises no later than [end date of notice period].
I kindly request that we arrange a date for the exit inventory and the handover of the keys.
Thank you for acknowledging this termination and outlining the conditions for returning my security deposit.
Sincerely,
[Your Name]
[Your Signature]
When Can a Landlord Terminate a Rental Lease?
Landlords can terminate a rental lease under specific circumstances but must adhere to established rules and procedures.
Failure to Pay Rent and Charges
A landlord may terminate the lease if the tenant fails to pay rent or associated charges. However, this process is regulated and involves several steps, including giving formal notice before pursuing legal action.
Violation of Lease Terms
Landlords can terminate the lease if tenants violate the contractual obligations outlined in the rental agreement, such as unauthorized subletting or causing damage beyond normal wear and tear. In such cases, landlords must provide evidence of the tenant’s breach.
Lack of Home Insurance
A landlord or real estate agency may initiate lease termination if a tenant fails to obtain the necessary home insurance, which is typically a requirement in rental agreements.