For an owner lessorA elderly tenant can have the advantage of stable income, due to their retirement pension, and a seemingly peaceful lifestyle. But if the tenant is over 65 years old and has modest resources, he is protected by lawwhich complicates the termination of the lease.
Mr and Mrs N have experienced this. According to a judgment of the Court of Cassation dated October 2, spotted by the law firm Adonis, they signify their tenant’s notice of dismissalMs. Y, on April 11, 2019, on the grounds of taking back the accommodation in order to live there themselves from February 3, 2021. leave given in accordance with the rules of the art, with a very legitimate reason and a period well in excess of the minimum of 6 months required.
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Protecting the elderly tenant by respecting the rights of the owner
But Mrs. Y, who has occupied the accommodation for several years, refuses to leave unless she is rehoused by her owners, citing the specific protection granted to tenants over 65 years old with limited resources. Article 15 of the law of July 6, 1989 tending to improve rental relations provides that, “when the tenant is over 65 years old and his annual resources are below a certain ceiling, the lessor can only give notice on condition of offering him (another) accommodation corresponding to his needs and his possibilities”.
A device that “aims to protect elderly and low-income tenants against brutal eviction, while respecting the landlord’s right to recover their property”explains Adonis Avocats.
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3,000 euros to be paid to owners
Mrs. Y claims that it is his net income, not his gross incomewhich must be compared to the resource ceiling set by decree. Convinced that it is indeed the gross income that must be taken into consideration, its owners, Mr. and Mrs. N, take the matter to court. At first instance and on appeal, the judges agreed with them, considering in fact that it is the gross income declared to the tax administration, before any reduction, which must serve as a reference. “According to the judges, this is the only reading consistent with the social purpose of the law: avoid optimization or tax deduction effects likely to distort the assessment of real resources”deciphers the law firm.
The tenant’s gross income exceeded the ceiling, the Paris Court of Appeal validates the leave for resumption of housing and orders the expulsion of Mrs. Y. She then appeals to the Court of Cassation. Without success: “The resources to be taken into account for the application of article 15 of the law of July 6, 1989 mean the annual income declared to the tax administration before any reduction or deduction”in turn confirms the Court of Cassation. Mr and Mrs N are therefore within their rights by taking back their property without offering rehousing to the tenant. Like the Paris Court of Appeal, the Court of Cassation validates the leave for recovery, orders the expulsion of Mrs. Y and orders her to pay 3,000 euros to its owners for legal costs incurred.
