How to recover a leased accommodation to live there?

Rentvincent Cuzon14 Dec 2021 Party on

Do you own a property that you have hired and you now want to recover it to settle there?Notice period, protected tenants...everything you need to know about the steps to follow.

The owner can give leave to his tenant to live in his property

As part of a rental, it is the lease contract that specifies the rights and obligations of the tenant and the owner.The latter can completely give leave to his tenant to resume his accommodation and establish his main residence there.He can also resume his accommodation to accommodate a loved one.As a precision, the people considered to be a parent close to the owner are her husband, his partner for at least 1 year, his partner of PACS, an ascendant (parent, grandparent, great-grandparent, etc..)) or a descendant (child, little child, great little child...)).To give leave to live in the accommodation or accommodate a loved one, the owner must however comply with conditions of form and deadlines.

“Telling my Italian fiancé that i want pineapple on my pizza.”Https: // t.CO/U0EA3GNCWN

— Nate Pentz Sun Jun 20 10:53:17 +0000 2021

The owner of a rental accommodation can also give leave to sell or for real and serious reasons.

Rolled accommodation: What is the deadline to resume your property?

The deadline to be respected to recover your accommodation depends on the lease contract and the type of rental.For furnished accommodation, the owner can give leave to the tenant to release the premises on the due date.The tenant must leave the premises and return the keys to the owner at the latest on this date.This is also the case for an empty rental, unless the owner bought the accommodation with the tenant already in place.In this case, if the maturity date of the current lease occurs less than 2 years after purchase, it can give leave to the tenant but the leave can only apply 2 years after the date of.This corresponds to the day of the signing of the authentic act.If the due date of the current lease comes more than 2 years after purchase, the owner can give the tenant to leave the premises at the latest at the due date.

How to give leave to your tenant to live in the accommodation?

To give leave to his tenant, the owner must send him a letter of leave.The latter must reach the tenant by registered letter with acknowledgment of receipt, by an act of bailiff or be handed over to him specific to the signing or receipt. La lettre doit préciser le motif du congé, le nom et l'adresse du bénéficiaire de la reprise, le lien de parenté entre le propriétaire et le bénéficiaire de la reprise (s’il s’agit d’un proche et non du propriétaire)) ainsi qu’une indication justifiant le caractère réel et sérieux de la reprise.The letter of leave must be accompanied by the information notice relating to the obligations of the lessor and the remedies and compensation of the tenant.Note that for the leave is valid, the tenant must have received the letter of leave at least 6 months before the due date of the lease.The notice period runs from the day of the effective reception of the registered mail with acknowledgment of receipt, the day when the bailiff drops or gives the letter of leave to the tenant or the day the owner handed over the letter of leaveto the tenant, against receipt or evolving.

Even if the tenant receives the advance leave, the notice period will start only 6 months before the due date of the lease.

What about protected tenants?

In certain situations, the tenant occupying the accommodation can be protected when the owner wants to give him leave.It depends on his age and income.If the tenant is protected, the owner cannot give him leave or can give him leave only under certain conditions.According to the Alur law of 2014, a tenant is protected if he is over 65 the day the rental lease expires and has modest resources.To be considered modest, the tenant must have, on the date on which the leave is given to him, resources below the ceiling in force for the allocation of approved rental housing, or € 24,116 per year for a single person in Île-de-France and € 20,966 in other regions.Even if the tenant is protected, the owner can give him leave if he has more than 65 years on the date of the lease or if he has lower income from the same resource ceilings on the date of notification date.The owner can also give leave to a protected tenant if he finds him a rehousing solution.The accommodation offered to the tenant must correspond to his needs and possibilities.

If a protected tenant does not pay his rent, the owner can end the lease without even offering him a rehousing solution.

Housing governed by the law of 1948: how is it going?

The accommodation subject to the 1948 law are housing built before September 1, 1948 and located in certain cities with more than 10,000 inhabitants.Today, only the accommodation that tenants entered the premises before December 23, 1986 continue to benefit from the 1948 law regime under certain conditions.If the owner's accommodation is governed by the 1948 law, he can still give the tenant to live there, provided that the procedure.Nevertheless, the right of recovery cannot be exercised by the owner if he is under 65 years old and that the tenant is over 70 years old and has annual income less than 28,610.40 €. En outre, dans le cadre d’un logement régi par la loi de 1948, le propriétaire qui donne congé a l'obligation de proposer une solution de relogement conforme aux besoins (personnels, familiaux professionnels)) et aux possibilités financières du locataire.

The owner does not have the obligation to offer a rehousing solution if he has had the property for more than 10 years or if he is deprived of the good he occupies.