Location of 1989: the lease term

Last Updated on Sunday, 22 May 2011 08:37 Written by Administrator Sunday, 10 August 2008 23:16

The law of July 6, 1989 applies to all contracts, regardless of the date of their conclusion.

Lease term

If the landlord is an individual: 3 years.

If the landlord is a corporation (company): 6.

A lease shorter (but not less than 1 year) may be permitted if the owner wants to repossess the dwelling for family or business. In this case, the nature of the event must be specified in the lease agreement and its implementation must be confirmed to the tenant two months before the end of the lease.

Subject to compliance with these minimums, the parties are free to determine each term of the lease.

The owner can give notice prior to the expiration of the lease?

The owner who wishes to recover the leased property should normally await the arrival of the term in the lease.

In addition, it must notify the tenant leave by registered letter with acknowledgment of receipt (or by a bailiff) 6 months before the end of the lease (the six months' notice). Leave given by the owner must be motivated, either:

by the recovery of housing for housing: in this case, the leave must specify the name and address of the beneficiary of the recovery, which may be the owner himself, his spouse, PACS partner, his registered partner has a year, and up and down the aforementioned persons. Is the renewal of the lease;
through the sale of the property for which the tenant has a right of first refusal, that is to say that leave to the tenant for that reason constituted an offer to sell to his advantage. The letter notifying the leave must state the essential conditions for the exercise of this offer (price, terms and conditions);
by a legitimate and serious (systematic delay in the payment of rent, damage to housing, neighborhood disturbances caused by the tenant ...). We are talking about deportation.

If the owner fails to notify the tenant leave or offer a lease renewal within the statutory period, the lease is automatically renewed for a period of three years. The rent remains the same.

However, the owner may, when the tenant does not fulfill its obligations or makes a mistake, ask the judge to order the early termination of the lease. The assessment of the fault is obviously left to the judge.

The lease can be terminated before the expiration of the term: if the two parties agree to end their contract early (termination agreement);

If the contract contains one or more termination clauses, whose validity is strictly regulated. The law of July 6, 1989 allows only four assumptions justifying a termination clause:

non-payment of rent at the agreed term;
non-payment of charges;
non-payment of the deposit;
failure to purchase insurance for rental risks.

If the act specified in the clause occurs, the owner shall, through a command (issued by a bailiff in the first 3 hypotheses), ask the tenant to remedy this situation (paying rent, subscribe to Insurance ...). The tenant has a period of two months in the first three hypotheses, one month in the past. After this period, and if the situation remained unchanged, the termination clause has effect. The tenant may at any time apply to the court an application for a payment period.

The tenant can give notice prior to the expiration of the lease?

Yes, at any time, subject to compliance with a notice of 3 months. This notice is reduced to one month:

in case of obtaining a first job;
in the event of job transfer;
for loss of employment or new job following a job loss;
for people over age 60 whose medical condition warrants a change of residence;
for recipients of the RSA.

The leave need not be driven but must be given by registered letter with acknowledgment of receipt (or bailiff). Caution: The notice begins upon receipt of the letter.

Law of 6/7/1989: Art. 7, from 10 to 15, 24 and 25 - Law of 21.07.1994