The rental contract for unfurnished accommodation used as a main residence concluded between individuals has a minimum duration of three years. The lessor cannot end it before this term. The tenant, on the other hand, can leave the premises at any time.

Residential lease: the lessor's leave

The lessor who wishes to recover the accommodation he rents out can only do so at the end of the lease. In addition, he can only give notice to his tenant in three specific cases: he wishes to sell the property free of any occupation (the tenant then has priority to become a buyer); he wishes to recover it to occupy it or have it occupied by a relative (spouse, children, PACS partner, etc.); he does not wish to continue the rental with the tenant in place because the latter does not respect his obligations (late payment of rent, neighborhood disturbances, etc.).

These conditions fulfilled, the lessor must send a notice to the tenant by registered letter with acknowledgment of receipt or by bailiff, or deliver it personally against receipt, at least six months before the end of the current lease. The letter must specify the reason for the leave and include all the useful information to allow the tenant to verify the reality (name of the close beneficiary of the repossession, conditions of sale of the property, etc.). Good to know: The possibility of giving notice to the tenant is subject to additional restrictions in the presence of an elderly tenant with modest resources, or when the notice takes place shortly after the acquisition of an occupied dwelling. The Alur Law of March 2014 has indeed reinforced the obligation of relocation at the expense of the lessor in the first case, and created a temporary ban on giving leave for repossession or for sale in the second case.

Residential lease: the tenant's notice

The rules are more flexible for the tenant. He can break his rental contract and leave the accommodation at any time. It is enough for him to send a notice to his owner in the same forms as the notice of the lessor, and to respect a notice period of three months.

As an exception, the law authorizes him to terminate his lease subject to a period reduced to one month in certain specific situations: he finds a first job; he is transferred; he loses his job; he finds a job after having lost it; his state of health justifies a change of residence, he receives the RSA (Active Solidarity Income) or the AAH (Disabled Adult Allowance); he is the recipient of social housing; he lives in a city located in an area of rental tension; he is a victim of domestic violence. In all these cases, the reduced notice only applies if the tenant provides proof of the event he is reporting.

The return of the security deposit

The security deposit paid by the tenant to the lessor on signing the lease, equal to one month's rent excluding charges in the case of unfurnished rental for use as a main residence, must be returned to him within two months of the delivery of the keys, after deduction of the sums that he still owes to the lessor. This period is reduced to one month if the exit inventory is consistent with the entry inventory. However, if the property is located in a condominium building, the lessor may keep 20% of the security deposit until the annual approval of the accounts and regularize the situation in the month following this approval. Failure to return the security deposit within the time limits results in the application of an increase equal to 10% of the monthly rent for each month of delay started, unless the delay is due to the tenant who has not communicated his new address.

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