Termination of a rental lease: formalities, deadline and model letter

Termination of the rental lease by the tenant

First of all, let us remember that the tenant benefiting from a residential lease concluded under the regime of Law No. 89-462 of July 6, 1989 (most common leases) is free to terminate it at any time, without reason. , subject to compliance with a notice period. This deadline differs according to several criteria.

How do I know if notice is 1 month or 3 months?

A different departure notice for an unfurnished or furnished rental

If the tenant of an empty accommodation wishes to terminate his lease (or give notice to the lessor), he must normally do so subject to a notice period of three months (article 15). If the accommodation provided is furnished, the notice period is reduced to one month (article 25-8).

The notice period to be respected regarding the new mobility lease (article 25-15) is one month, as for a classic furnished lease.

Different notice for accommodation in a tense area

The geographical location of the leased property will only have an impact in the event of a rental contract relating to empty premises. Indeed, the duration of the notice period relating to this type of lease will be reduced to one month as long as the accommodation is located in a tense area (article 17). The annex to Decree No. 2013-392 of May 10, 2013 sets out the list of municipalities concerned by these provisions.

How to reduce your notice period from 3 months to 1 month?

Professional situation

French law allows the tenant to reduce the notice period from three months to one month for empty rented premises in specific circumstances linked to their professional situation, in order to facilitate professional or geographical transitions in an often unstable context. This concerns a first job (except CDD transformed into CDI), a professional transfer, a loss of job.

Moving due to tenant’s health

Another legitimate reason for reducing the notice period is a necessary change of domicile due to the tenant’s state of health. The law recognizes that a tenant suffering from illness or disability may need to move to be closer to a healthcare establishment or adapt their accommodation to their specific needs.

The tenant must provide a medical certificate proving that his state of health requires a change of residence.

Allocation of social housing

The allocation of social housing to the tenant also constitutes a legitimate reason to terminate a lease with reduced notice of one month. This situation is often the result of an application for social housing being accepted, a situation which usually occurs after a long wait on a waiting list.

The duration may also be reduced for the benefit of beneficiaries of active solidarity income or the disabled adult allowance.

In case of domestic violence

A person who is a victim of domestic violence can give notice to the lessor in a simplified manner, with less than one month’s notice, without having to justify their situation. This right is provided for by article 15 of the ELAN law of November 23, 2018, strengthening the fight against domestic violence.

Supporting documents to provide

It is imperative that the tenant provides adequate supporting documents so that the reduction in the notice period is validated by the lessor. The required documents may include employment contracts, medical certificates, transfer letters, proof of social housing allocation, or even certificates of rights to social assistance.

How to end a rental lease?

Notification to the lessor

To terminate a residential lease, you must write a letter to the lessor. This must be clear and unequivocal: it must give notice of the lease by citing the address and references of the accommodation. Termination does not need to be justified.

It can be sent either by registered letter with acknowledgment of receipt, by an act of a court commissioner or delivered in person against signature.

Respect the notice period

The tenant who can benefit from a reduction in his notice period must state this precisely as to the reason given. He must attach the necessary supporting documents to his letter. The notice period runs from the day of receipt of the registered letter, service of the bailiff’s document or delivery by hand.

Exit inventory

The tenant and the lessor must carry out an exit inventory in order to check the condition of the accommodation and note any damage. This helps determine any repairs or deductions from the security deposit. At the end, the tenant hands over the keys to the lessor.

Sample notice letter to terminate the rental lease for your accommodation

Here is a model letter to send to your landlord in the event of lease termination.

Subject: Termination of the rental lease with notice of (one month/three months)

Madam, Sir,

I hereby inform you of my decision to terminate the rental lease concerning the accommodation located at (full address), in accordance with the provisions of the article (applicable law, for example “law of July 6, 1989”).

The termination notice will be (one month/three months), depending on the following situation: (Specify here if you wish to benefit from a reduction in notice to 1 month and indicate the reason).

The notice period will begin upon receipt of this letter, and I undertake to vacate the accommodation no later than (end of notice date).

Please agree on a date for the check-out inventory, as well as the handover of the keys.

Thank you for sending me a document confirming that this termination has been taken into account, as well as the terms concerning the return of the security deposit.

Please accept, Madam, Sir, the expression of my distinguished greetings.

(First name Last name)
(Signature)

When can the landlord end the rental lease?

The landlord can end a rental lease in several specific situations, but he must respect certain rules and procedures.

Non-payment of rent and charges

The landlord can end the lease if the tenant does not pay the rent or rental charges. However, the procedure is regulated and requires several steps, including a formal notice before initiating legal action.

Failure to comply with contractual obligations

The landlord can terminate the lease if the tenant fails to comply with the obligations set out in the rental agreement, such as subletting without authorization or deterioration of the accommodation beyond normal wear and tear. In this case, termination of the lease may be requested by the owner, who must provide proof of the tenant’s breach.

No home insurance

The owner or the real estate agency can also terminate the residential lease in the event of non-presentation of a home insurance certificate by the tenant as long as the lease provides for this.

Repossession of housing to live there or for a family member

The owner can request termination of the lease to take back the accommodation in order to live there himself or to have it inhabited by a member of his family (directly: spouse, PACS partner, etc. and as main residence). This concerns empty (unfurnished) rentals. The owner must then give six months’ notice.

Sale of accommodation

The owner can terminate the lease to sell the property. In this case, he must inform the tenant of his intention to sell the accommodation and offer him, under conditions, to buy back the property before it is put up for sale to a third party. If the sale concerns an empty home, the notice period is six months. For furnished accommodation, it is three months.

Tenant exceptions and protections

Certain protected tenants, such as elderly or disabled tenants with modest resources, benefit from increased protection. If the tenant is over 65 years old and has limited resources, the owner cannot terminate the lease for sale or repossession unless he offers him replacement accommodation.

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How to terminate a lease when you are a lessor?

Notice of termination to the tenant

The owner must send notice to the tenant, by registered letter with acknowledgment of receipt or by hand delivery with signature. This notice must be sent in compliance with the legal notice periods: six months for empty accommodation (unfurnished lease), three months for accommodation with a furnished lease.

Reasons for termination

The leave must specify the legitimate reasons for the leave, whether it is the repossession of the accommodation, the sale, the non-payment of rent or another legal reason. In the case of a sale, the tenant has a right of pre-emption, or a priority right to purchase the accommodation at the price offered.

Exit inventory

At the end of the lease, the owner must organize an exit inventory with the tenant. This allows you to check the condition of the accommodation and determine if there is any damage requiring deductions from the security deposit.

Return of security deposit

After the exit inventory, the security deposit must be returned to the tenant, subject to possible repairs. The return period is generally two months after handing over the keys, in the event of empty accommodation.