Like any contractual relationship, the end of a rental property is subject to strict rules that all occupants must respect if they want to recover their deposit and avoid trouble.
Remember that a tenant can leave his accommodation at any time, whether he lives in the private sector or in social housing.
To do this, however, he must notify his owner or the managing real estate agency in advance by sending him his leave.
Please note: a simple e-mail is not enough.
At a minimum, you must deliver your letter of notice by hand, requesting a signature or a receipt.
But it is most often by registered mail with acknowledgment of receipt that the tenants proceed.
Marginally, it is also possible to go through a bailiff's act.
On the content side, no need to expand.
Traditionally, you must recall the name of the leaving tenant(s) listed on the lease, as well as the exact address of the accommodation concerned, mentioning your desire to leave.
You must also indicate the effective date of the leave, which corresponds in principle to the end date of the notice period.
A variable period of notice
Traditionally, a period of 3 months applies between the date of receipt of the leave request and the date of departure.
No reason needs to be specified.
Nevertheless, the law provides for a period of only 1 month when the dwelling is rented furnished.
The same applies when the move is motivated by certain specific circumstances, such as the loss of a job, hiring a first job or obtaining social housing.
The notice is also reduced to the same duration if it is the state of health that justifies the change of domicile or if the tenant is the victim of violence within the couple or if it is an RSA recipient. or the AAH (allowance for disabled adults).
Conversely, a resignation, retirement,
On the other hand, 28 agglomerations of more than 50,000 inhabitants considered in tight areas by the decree of May 10, 2013 apply a rental notice reduced to 1 month.
This is particularly the case for the metropolises of Bordeaux, Grenoble, Lille, Lyon, Marseille-Aix-en-Provence, Montpellier, Nantes, Nice, Paris and Toulouse.
If in doubt, refer to your lease which must in principle stipulate that the dwelling is located in a tight zone.
Otherwise, you can use the dedicated simulator on Service-public.fr.
Please note, when you intend to benefit from a reduced notice period, you must specify the reason in your leave request and provide the necessary supporting documents, otherwise the 3-month period will apply.
In case of good agreement
Beyond these legal requirements, you are completely free to propose an arrangement to your lessor in order to find, for example, a new occupant who will take over before the end of the scheduled deadline, if you are in a hurry to leave.
The challenge is obviously financial.
Indeed, the tenant must pay his rent and his charges until the last day of the notice period, unless the lease is taken over earlier by someone else.
Otherwise, for the last month of the notice period, the amount to be paid will be calculated according to the number of days during which he has the accommodation.
The official portal of the Service-public.fr administration offers a model notice to complete online according to your situation and to print.
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