1. Legal Requirements for Lease Termination Letters
- Résiliation de bail notice period for landlords
- Common reasons for terminating a lease
- What does the lease termination letter should include?
- A formal notice to claim unpaid rent (mise en demeure)
- The rules for colocation/flatshare
- Notice of the leave from tenant to landlord
2. How to write a lease termination letter: Practical Steps
3. Serving the Lease Termination Letter
4. Common Pitfalls and How to Avoid Them
Legal Requirements for Lease Termination Letters
A landlord cannot terminate the lease before it expires unless the tenant has failed to pay rent or has significantly broken the tenancy rules. Creating a tenancy contract cancellation letter for a property in France, evidently, has to fulfill specific legal terms or can be disregarded by the tenant or by a landlord. This is why it is essential to follow the rules to the letter or hire a professional who fully understands the French legal system.
France has very tight rules on evicting tenants. Moreover, eviction rules are pretty complicated, so you need to know what they are and how they apply to you before anything else.
Résiliation de bail notice period for landlords
When entering a rental agreement in France, landlords and tenants must understand the specific notice periods required to terminate their leases.
Be aware that if you overlook the deadline and don’t account for the entire notice period, the lease will automatically renew, costing you the chance to terminate that year. Therefore, timely action is of utmost importance.
The minimum notice period (called le congé) a landlord must give depends on whether the letting is furnished or unfurnished.
Unfurnished Letting – Six months
Furnished Letting – Three months
In addition, if you don’t give notice during this period, your tenancy agreement will be automatically renewed for another term.
Mobility lease
A mobility lease is signed between the owner of a furnished dwelling and a tenant for a duration between one and ten months. What’s more, it is prohibited to renew it.
When the lease expires, the landlord does not need to give the lessee leave notice to terminate the mobility lease.
Common reasons for terminating a lease
A landlord can take back the property before the end of a tenancy agreement for three reasons. If none of these reasons apply and a tenant wants to stay in the property, the tenancy agreement will automatically renew itself.
Regardless, when a landlord intends to issue a notice to a tenant to vacate the property, there are certain conditions under which the tenant can be protected from eviction.
What do the landlord’s termination letter should include?
The letter of leave addressed to the tenant must specify:
- The reason for the leave;
- A real and serious nature of the leave (if this is the case);
- The name and address of the tenant;
-
The relationship between the owner and the tenant.
The landlord may refuse to allow the lease to continue and may decide to give the tenant leave for severe and legitimate reasons. This is when the tenant does not fulfill at least one of his obligations. For example, if the tenant causes trouble in the neighborhood, pays his rent with repeated delays, or does not provide proof of home insurance.
A formal notice to claim unpaid rent (mise en demeure)
How do you write a formal notice for unpaid rent? The landlord can initiate the rent collection procedure by sending a tenant a formal overdue payment reminder letter called “mise en demeure.” Unlike the first reminder, this late rent notice must be clear in form and content, as it has legal weight.
The rules for colocation/flatshare
The landlord has the right to ask the tenants (roommates) to move out, but this request must be made in a specific way and within a certain timeframe as required by the law. It’s essential to note that the process differs based on what’s written in the lease (i.e., “solidarity clause”).
Notice of the leave from tenant to landlord
If you want to leave your housing permanently, you can do so anytime. However, make sure to inform the owner or the real estate agency (if an agency manages the housing) and respect the notice period.
The notice period may differ depending on whether you live in an empty or furnished rented housing.
The notice period for tenants
Depending on the nature of the letting, the minimum notice period is:
Three months for unfurnished lettings;
One month for furnished lettings.
A mobility lease is a specific type of rental agreement that allows more flexibility. You can end a mobility lease anytime, but you must inform the landlord or the real estate agency one month in advance.
Early termination of a rental lease
As a tenant, you, in any case, do not need to provide any reasons for leaving or any proof. You can end your lease contract at any time and for any reason. Nevertheless, you must continue to pay the rent during the notice period.
Starting the Notice Period
The notice period is the time between notifying the landlord of your leave and the actual date you can move out.
The official date when your tenancy ends is based on when your landlord receives your notice to terminate the lease. This received date is, in fact, essential for determining the notice period.
For instance, if your lease requires a one-month notice before leaving, the countdown starts the day your landlord receives your termination letter, not when you send it.
Exceptions to notice periods
If you rent unfurnished housing, the three-month notice period can sometimes be reduced to one month. These cases include:
- Serious illness of a tenant who is at least 60 years old and needs to change accommodation,
- Involuntary job loss,
- Obtaining the first job,
- Finding a new job following unemployment,
- Or transfer of employment to another location (
mutation professionnelle).
In addition, if you receive social security supplementary benefits (Revenu de Solidarité Active – RSA), you can also benefit from a reduced notice period.
The notice period cannot be reduced if the tenant resigns, retires, or changes his job. If the tenant does not respect the notice period, the landlord can unquestionably make a legal claim for the unpaid period. Remember, as a tenant, you can terminate your lease contract anytime. But you must respect a notice period, even if your lease term is only nine months.
This applies to all tenants, including students who are renting accommodations for a temporary period.
Yet, keep in mind that the rules differ depending on whether you live alone or in a couple.
2. How to write a lease termination letter: practical steps
Template for a lease termination letter given by a landlord
Remember, you should adapt this template to the specific circumstances and in compliance with French law:
- Name
- Address
- City, Postal Code
- Phone Number
- Email Address
- Date
- Tenant’s Name
- Tenant’s Address
- City, Postal Code
Subject: Notice of Lease Termination for [Address of the Rental Property]
Dear [Tenant’s Name],
I am writing to formally notify you of the termination of your lease agreement for the property located at [Address of the Property]. This termination is by Article 15 of Law No. 89-462 of July 6, 1989, governing residential leases in France.
Please be advised that the lease will terminate on [Date – typically three months from the date of this notification for unfurnished properties], which is your official notice period required by law.
[Choose the appropriate reason and modify the letter accordingly]
[Personal Use] I intend to reclaim the property for personal use as I/my immediate family member will be moving into the property.
[Sale of Property] I have decided to sell the property, and this termination is necessary to proceed with the sale.
[Legitimate and Serious Reasons] Due to [specify reasons, such as repeated late payments, significant violation of lease terms, etc.], I am compelled to terminate this lease.
Please ensure that the property is vacated by the date above and returned in the same condition as at the beginning of the tenancy, normal wear and tear excepted. I would like to schedule a final walk-through inspection of the property on [suggest a date], or we can arrange a different date that is mutually convenient.
It is also important to settle all outstanding utility bills and ensure the property is clean and free of all personal belongings. Upon successful inspection and return of the keys, your security deposit will be returned within the legal timeframe, minus any deductions for damages if applicable.
If you have any questions or need further clarification regarding this notice, please feel free to contact me directly.
Thank you for your attention to this matter, and I appreciate your cooperation in ensuring a smooth transition.
Sincerely,
Your Signature
Your Printed Name
Personalized Template
Alternatively, you can use a personalized template or a template available for download for a cancellation letter to your tenant. Simply fill out our online form and download your letter in Word and PDF format.
Customize the notice period and reasons according to the specific circumstances and local regulations, mainly if the rental property is in a tense zone or other factors that might legally alter the standard notice period or conditions.
To ensure accuracy and compliance with the latest legal requirements, you might want to consult the following resources or seek advice from a professional:
- Legifrance
- Service-Public.fr
-
A local notaire or a lawyer specializing in real estate law. Legal professionals can offer personalized advice and ensure that any legal document, including a lease termination notice, complies with current regulations and specific circumstances.
Letter Template: notice to quit from a tenant to a landlord
Tenants also need to write a formal notice letter to terminate a lease. This letter, likewise, should include essential details such as contact information, the housing address, the desired departure date, and the notice period. The content of the notice should clearly state that you intend to end the lease and should include any other relevant information required by your lease agreement.
Alternatevely, you can make use of this letter template as well as this one.
3. Serving the lease termination letter
Sending a lease termination letter from a landlord to a tenant
The landlord cannot just give leave by e-mail. Even if the recipient accepts it by return mail, this way of providing leave remains invalid. However, the landlord can give leave by sending one registered letter (RL).
So, you must send the letter of leave to the tenant:
- Either by registered letter with acknowledgment of receipt (lettre recommandée avec accusé de réception) to ensure you have proof of delivery;
- Or by act of commissioner of justice (formerly act of bailiff);
-
You can also deliver it by hand against signature or receipt.
To be valid, the tenant must receive the leave letter at least three months before the end of the lease. If the letter of leave reaches the tenant late, the leave is, not surprisingly – not valid.
Depending on the method the landlord uses to send the letter of leave, the day the tenant will get it is more or less possible to predict.
Sending a notice of leave from a tenant to a landlord
You can officially send your notice to end the lease in three ways:
- Registered letter with acknowledgment of receipt. This letter is sent through the mail and requires the recipient to sign upon delivery, proving they received it.
- The Act of Commissioner of Justice (formerly known as a bailiff’s bill) involves a legal official delivering the notice.
- Hand delivery with a signed receipt or acknowledgment. This means personally delivering the notice and having the recipient sign a receipt at that time.
4. Common Pitfalls and How to Avoid Them
Try to avoid these common mistakes when drafting a lease termination letter:
- Not providing the appropriate notice period as required by French law.
- Failing to include all necessary details such as tenant and landlord names, property address, and reason for termination.
- Not having proof that the termination letter was delivered to and received by the landlord.
- Providing an unclear or insufficient reason for terminating the lease.
- Not specifying the exact date the lease will be terminated.
-
Overlooking specific terms and conditions outlined in the lease agreement regarding termination.
For example, a tenant can oppose the leave notice delivered by the landlord if s/he made some of the following mistakes:
- The landlord didn’t quote the reason for the leave;
- The leave letter was not sent to all tenants (e.g., leave was sent to only one of the two spouses);
- The letter of leave was sent by simple letter;
- The period of notice shall be less than three/six months;
- The leave was granted to a protected tenant.
Please note: This article does not constitute legal advice—the information on this page has been prepared solely for your information. As we are not a law firm and act as a platform, we can and may share our estimations, but we cannot give you legal advice for your individual further proceedings.
