A tenant wishing to leave his accommodation must respect a notice of three months In relaxed areas, where demand and housing supply are balanced, compared to only a month in a tense area. The duration of the notice in relaxed areas may however be reduced to a month old in some cases, especially If the tenant loses his job, According to article 15 of the law of July 6, 1989 relating to rental reports. This is the reason invoked by Madame B and Mr. X to their lessor, to benefit from one month notice instead of three. At the end of March 2020, they gave him leave for April 30, 2020, Madame B having lost her job.
The HIC, according to the lessor, is that the fixed -term employment contract (CDD) of Madame B ended on December 31, 2019, as the last page of the CDD attached to the letter of leave. Almost three months before sending it to the lessor. For the latter, “Given the late leavethe necessary causal link provided by law cannot be retained between employment loss and the benefit of shortened notice ”we read in a judgment of the Poitiers Court of Appeal of May 20, 2025, spotted by the law firm Neu Janicki.
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2.5 months, too long to justify reduced notice
The couple of tenants argue on the contrary that‘”A duration of two and a half months between employment loss and leave constitutes sufficient proximity between these two events to justify the benefit of a reduced notice”. The Court of Appeal is not of their opinion: “The tenant must justify what the leave has been given to a sufficiently close date the occurrence of job loss ”. However, in this case, “The two and a half month period between the end date of the Madame employment contract and the letter of delivery of the leave cannot be considered as sufficiently close to the occurrence of the loss of employment to justify the leave”estimates the court of appeal, for whom “It was good on June 30, 2020 that the notice period ended”. And not on April 30, 2020.
The lessor who re -dressed the accommodation 30 days after the departure of the tenants, at the end of April, it is therefore “Right as he asks them for a sum of 581.74 euros, under the 29 days of May during which the accommodation remained unoccupied ”approves the court of appeal, confirming the decision of the first judge. “The loss of employment opens the right to a reduced notice but the tenant must act without delay”summarizes the cabinet Neu Janicki.
