End of lease: “How to be sure that my tenant will go well on the scheduled date?”

Françoise is ready to let her tenant continue to occupy the apartment, even after the expiration of the lease, while the work of her new accommodation is finished. Is a verbal agreement sufficient? Response from Emmanuelle Lefevre, lawyer in Versailles, in the major real estate meeting (Capital/Radio Immo).

Capital video: We gave leave to our tenant six months ago. He asks us if he can stay until September, until the work of his new accommodation is completed. How can we make sure that he will leave well in September?

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Owner lessor From an apartment in Paris, Françoise gave leave to her tenant a few months ago because she wishes to take back the good to house her son. This is one of the three reasons why an owner can dismiss his tenantalongside the recovery for sale and the legitimate and serious reason, such as delays in rent payment. The departure of the tenant of Françoise is scheduled for June but he has just asked him if he can Stay in the scene until Septemberwhile the work of his new accommodation is completed.

Françoise sees it a priori no drawback, her son returning to Paris until September, precisely. But she is not quite quiet: “How to make sure my tenant will leave well in September?” Should we sign a new lease ? Or An endorsement at the lease Who was terminated? Should I ask him to commit in writing to leave in September? ”she wonders about the program Le Grand Rendez-vous de l’Emal estate (Capital/Radio Immo).

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Write an agreement on the additional time to leave the accommodation

A legitimate question because “You can never be sure that the tenant will leave on the agreed date, it depends on his good faith ”recognizes Emmanuelle Lefevre, lawyer in Versailles. However, if a tenant refuses to leave his accommodation, “You can’t get him off overnight, even at the end of the lease. You have to go to court to validate the leave and obtain an expulsion authorization, which takes 18 monthsshe continues. The solution of litigation being neither fast nor effective for donors, they must get along with their tenants. ” However, there is no question of signing a new lease or an amendment to the one that has been terminated.

“Owner and tenant must agree in writing on the additional time Given by the first to the second to leave the accommodation, by exchanging recommended letters or both writing on the same document ”recommends Emmanuelle Lefevre. To guarantee optimal security, it is better to have this agreement written by a lawyer because “It is then worth a court decision and can be executed immediately”underlines Emmanuelle Lefevre. While recognizing that the owners “Do not necessarily want to use a lawyer for that”.

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