The termination of a rental lease by the owner is strictly regulated by law, in particular article 15 of law No. 89-462 of 6 July 1989. The owner can only end the lease when it expires, except in three specific cases: to occupy the home, to sell it, or for a legitimate and serious reason.

Legitimate and serious reasons

The law is still vague about what a “legitimate and serious reason” is, but here are some examples recognized by case law:

• Repeated late payments : significant and repeated delays in the payment of rent
• Neighborhood unrest : recurring complaint for noise pollution, aggressive behavior or incivility.
• Abnormal use of housing : overoccupancy, unauthorized subletting, commercial use, keeping dangerous animals.
• Lack of insurance : lack of insurance against rental risks.
• Unauthorized work : lack of maintenance or transformation work without authorization.

Certain exceptional situations, not attributable to the tenant, may also justify a leave of absence:

• Expropriation for public utility : need to vacate housing.
• Demolition or renovation work : work preventing the occupancy of the home.

Notice period

The leave must be notified by registered letter with acknowledgement of receipt, hand-delivered against receipt, or bailiff's act. The notice period is six months for a bare rental and three months for a furnished rental.

Letter template

Here is a sample letter to give leave to a tenant for legitimate and serious reasons:

Lessor contact details
Name - First name
Adress
Postal code - City
Phone number
Email address

Tenant contact details
Name - First name
Adress
Postal code - City

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Registered letter with acknowledgement of receipt (or letter delivered by hand against receipt or receipt)

‍

Purpose : leave for legitimate and serious reasons

‍

Madam, sir [to be specified],

‍

You are a tenant of my unit located at [full address of the rented property], under the lease that binds us since [effective date of the lease].

As this rental contract expires on [lease end date], I regret to give you time off for this date.

In accordance with article 15-I of Law 89-462 of 6 July 1989, this leave is given for the following legitimate and serious reason: [clarification of the exact reason].

As a result, you must vacate the premises no later than [lease end date], at which time you will forfeit all right to occupy the unit. We will arrange an appointment for the establishment of the exit inventory and the return of the keys.

Thank you for your understanding and ask you to accept, Madam, Sir, the expression of my distinguished greetings.

Name (s), First name (s), Signature (s)

Download and practical advice

The drafting of a leave must comply with strict formalism to avoid the nullity of the leave and the automatic renewal of the lease. It is therefore advisable to use a sample letter adapted to your situation and to send it on time.

In the event of a dispute by the tenant, it is important to gather all the documents supporting the reasons given: bank statements, complaints of neighborhood disturbances, formal notices, etc. The tenant can go to court to settle the dispute, in which case the protection litigation judge will assess the evidence provided by both parties.

For more information and to download a sample letter, consult the resources available on specialized real estate sites such as SeLoger.