Faced with the increase in the number of owners who want to recover their apartment outside of any legal framework, Adil is launching a dedicated telephone line for tenants.
For several months, testimonies have multiplied on social networks and in groups of friends. As the Paris Olympics approach and with the law preventing the rental of a thermal sieve, many owners are trying to recover their property to take them out of the rental market and switch them to tourist rentals.
Last year, the National Agency for Housing Information (Adil) even counted an increase of more than 25% in requests concerning leave given by owners. This increase is so significant that the organization is launching a dedicated telephone line this week. Tenants will be put in touch with a lawyer who can study their case.
“ It is essential that people who receive furlough letters contact us as quickly as possible », explains Pierre Louis Monteiro, from ADIL Paris and Val de Marne. ” HAS To date, we see that more than 20% of the notices given to tenants do not respect the forms and therefore that these letters are obsolete. »
What should the leave letter contain?
For a letter of notice to be admissible, it must be sent six months before the end of the lease for an empty rental and three months for a furnished rental. “ If the mail does not arrive on time, the leave will not be valid”specifies lawyer Virginie Audinot on Village justice.
In addition, each person who lives in the accommodation must be the recipient of a registered letter. This letter must contain essential information such as the reason for the repossession of the accommodation, the name and address of the beneficiary, the relationship of the future occupant and the real and serious reason for the repossession.
On what criteria can my landlord get his apartment back?
The owner can recover his apartment to accommodate a member of his family, to sell it or to live there. Finally, he can recover it for a so-called “legitimate and serious” reason. That is to say, recurring unpaid rent, subletting, etc.
There are also special clauses for elderly or very precarious tenants, as Adil recalls in its 2022 study. If an owner wants to give notice to a tenant over 65 years old and with low resources, he is in the obligation to offer him a rehousing solution adapted to his needs and nearby (paragraph III of article 15 of the 1989 law).
In 2023, this provision was extended to parents of sick children (decree of December 27, 2022). Exception: if the owner is himself over 65 years old and has limited resources.
Apart from these criteria, it is not possible for an owner not to renew the lease. Nevertheless, ” to date, there is no a posteriori observationspecifies Pierre Louis Monteiro. It is therefore up to the tenant to do this work. Hence the need to come see us when you receive the letter. »
When can a landlord end the lease?
Accommodation can be recovered by its owner at the end of the lease, only if the termination letter has been sent. So for an unfurnished one, it’s once every three years and for a furnished one it’s once every year.
In fact, it is not legal for an owner to end the lease in order to get their apartment back as the Olympics approach and rent it out on a platform like Airbnb.
“ These situations can also plunge tenants into extremely difficult situations, particularly for those who have been in the same apartment for several years.continues Pierre Louis Monteiro. The gap between rent and future housing is often considerable and many are no longer able to find housing. Even more so with the disappearance of rental accommodation in favor of tourist rentals. »
What recourse is possible?
The first step is to check if the leave letter is valid. For this you can contact Adil, which organizes free consultations. Once this observation has been made, it is necessary to send a registered letter to your lessor to inform him that his letter is not valid.
If the letter is admissible, there are appeals to be made to a judge. You must demonstrate the bad faith of the owner. For example, if a tenant denounces a rent which exceeds a rent control and a notice of termination is received shortly afterwards, it will be necessary to prove revenge.
As for a repossession for sale, the owner must make an offer to the tenants who have two months to accept it or not. If the owner puts the accommodation up for sale under more advantageous conditions, the tenant becomes priority again. The tenant must also be kept informed of a possible price drop. Failing this, it is possible to demand that the sale be declared void. And therefore to obtain compensation.
Finally, for visits and the estimate of the apartment, you are not required to organize them. It’s up to your landlord (or the agency) to take care of this. On the other hand, it is obligatory to leave time per day for their organization.
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