Whether it's a fixed term or short-term or long-term rental, there are very specific rules that you cannot ignore. Therefore, giving written notice to quit a tenant or other tenants must be done according to very precise rules to avoid finding yourself in default of the legislation. In this context, we are going to give you all the keys to do it in good and due form.
How to Give Notice to a Tenant for a specific reason
Whether you wish to need to give written notice to a tenant of your property in La Valette or in another French agglomeration, the legislation remains the same. First of all, it is important to inform your tenant of your desire to recover your property. This can be done to recover the property as a main residence or to rent it to a close person.
But it is imperative to have a serious and legitimate reason, because otherwise you can't kick out your tenant. But if your tenant started to be negligent in not paying the rent, if he/she is late in paying the rent, if he/she has been found to be causing a disturbance to the neighbors, if he/she has caused damage to your property or if he/she is subletting the rental property without authorization, you may terminate the lease in a fixed term.
On the other hand, if you wish to sell your property within the framework of an empty rental, your tenant will be the first person concerned by this sale and thus the right of pre-emption advice applies to his acquisition.
How long is the serving notice period to get your apartment back before the fixed end date of the lease? How Much Notice?
If you are renting a furnished apartment, you should know that the notice period is three months of the tenancy. In other words, You must give your tenant three months' notice before the tenant is able to leave the property. But if you are renting bare, the periodic tenancy, a type of tenancy, increases to 6 months.
As soon as your tenant receives grounds for eviction notice, he or she will be able to leave the property without having to respect the period. Nevertheless, the unpaid rent arrears will have to be paid during the period in which he occupied the property.
If, on the other hand, you do not respect the legal notice period, the tenant is within his rights to turn against you. When it comes to real estate, you know that there are costs inherent to renting and sometimes these can be substantial if you do not respect the legislation.
From a procedural point of view, it is imperative to send a registered letter with acknowledgement of receipt. Another possibility is to hand over the precious document by a bailiff or by yourself against a receipt. But be careful, the reasonable notice period only takes effect upon receipt of the registered letter or the notification by hand.
Is it mandatory to offer relocation to the tenant?
It is impossible to take leave the property of your tenant, without an alternative solution being proposed to him. However, two cases must be distinguished.
Firstly, when your tenant is over 65 years of age with annual resources below the ceiling defined by decree.
The second case concerns a tenant living with a person over 65 years of age who is dependent on him/her.
In the second case, it is also important to know that the resources of the people living in the same household will be studied.
Is there any recourse giving tenants notice to a tenant?
In the event of a dispute, you may refer the matter to the Commission Départementale de Conciliation of your department. Please note that this is the commission that is located in the same department as your accommodation. The constitution of your file starts by sending a registered letter with acknowledgement of receipt. Don't worry, this is a totally free eviction process that can be done by the owner or the tenant.
The objective will then be to find an amicable solution to settle the dispute you have with your tenant. Unfortunately, if a written tenancy agreement cannot be found, the Commission Départementale de Conciliation will send a letter to both parties concerned within two months. This opens the possibility of a judicial approach with the seizure of a judge.
How giving notice is needed to a tenant when the dwelling is his main residence?
When the property you are renting to your tenant is his or her principal residence, the law is particularly strict on how to give serve notice in a fixed term. Therefore, it is imperative that the reason be of public accelerated possession order and seeking possession to regain possession, i.e. a mandatory reason.
When we speak of principal residence, we are referring to the place of residence in which the tenant lives with his family and has his personal and professional interests. In other words, the tenant's income tax return is filed at the address of the property in question.
How do you give notice to your tenant when it is not their primary residence?
If the rented accommodation is not the tenant's main residence, the tenant uses it as a second home. Therefore, the rules are not the same and sometimes certain specific clauses and a break clause may be applied to pay rent as well, but they have been defined upstream in the lease.
This allows owners to have either a section 8 notice or a shorter section 21 notice tenancy period in the professional notice server and easily collect rent monthly, without the need to give reasons. But once again, it is important to respect the accelerated procedure and to use a registered letter with acknowledgement of receipt or to go through a bailiff. This is a vary depending secure way to give notice to end your tenant, while respecting the different administrative procedures during first or last day.
What is the easiest way to remove a tenant?
Indeed, if you manage the property yourself, many questions remain unanswered, especially when you want to give your tenant notice. To remedy this problem, why not turn to an agency or a letting agent that is an expert in the field, as UpperKey is?
Not only will you have no worries about terminating a rental lease, but you can rely on real experts to provide you with valuable advice on management in general. For example, on how to choose a guaranteed rent plan, if you have other questions about a future real estate investment etc.
All administrative, technical and legal issues will be handled directly by a team of experts who will be committed to providing you with the best possible service. Personalized property management with UpperKey Agency will more than meet your expectations.
What is a fraudulent leave?
When you wish to terminate your lease, be aware that the tenant is within his rights to contest the legality of this termination. This challenge is made before the judicial courts, court hearing and paying court fee, the tenant will try to demonstrate the fraudulent nature of the termination. If this is the case, damages must be paid.
The landlord risks a criminal fine of up to 6,000 € when he carries out his activity as a natural person. If his activity is carried out within the framework of a legal entity, the criminal fine can reach a right amount of 30 000 €.
The tenant's dismissal is considered fraudulent if the property is not actually put up for sale or if it has not been used to house a relative. However, if a real estate sale could not be completed within a reasonable period of time, this situation cannot be considered fraudulent.