# bringing a "contrat de location de locaux vacants non meubles" to an end



## James_2

Good morning,
I am in the process of ending a "contrat de location de locaux vacants non meubles" with my tenant in France. From what I know, this is possible by giving him notice 6 months before the end of the 3 year recurring lease. So far, so good. Can someone give me some advice please? 
Can any of the following points stop the ending of the lease going ahead?

length of stay - 12 years in residency
tenant is paid benefits
age of tenant
rent is paid by CAF
Also,
If I cite moving into the property as a reason to end the lease how long is it before I can sell the property? And how long can I leave the property empty for?

thank you in advance


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## Bevdeforges

Be careful here - if the tenant is older than 65 (may be 60), you can't end the tenancy at all (or so my DH was told regarding a property he rents out). It was quite a few years back that we confirmed that, so there may be some modifications to the law - but you can always do what DH did. Consult an estate agency in the area and ask if you can sell the property. The estate agents are well aware of the rules regarding the sale of rental residential property.


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## BackinFrance

The landlord cannot end the lease before the 3 years are up, some tenants are protected even then. However if you can reasonably assume that the tenant will not be protected when the 3 years are up, you can give them notice now to quit at the end of the lease, in fact you can do so even if they are protected and see what happens, though in the latter case they can resist and would probably win when push comes to shove. My cousin and her husband were prorected tenants when they received lengthy notice to quit, but it happened to suit them so they did not dispute the issue, however be aware that in those circumstances the tenant may have the right to quit earlier than foreseen without the landlord being able to claim additional rent.


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## James_2

thank you for your quick reply. I was vaguely aware of the age consideration but not sure how old my tenant is. I'm sure you would suggest that I go and ask him but things have been reasonably amicable up to now. Just trying to keep it that way.



Bevdeforges said:


> Be careful here - if the tenant is older than 65 (may be 60), you can't end the tenancy at all (or so my DH was told regarding a property he rents out). It was quite a few years back that we confirmed that, so there may be some modifications to the law - but you can always do what DH did. Consult an estate agency in the area and ask if you can sell the property. The estate agents are well aware of the rules regarding the sale of rental residential property.


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## James_2

BackinFrance said:


> The landlord cannot end the lease before the 3 years are up, some tenants are protected even then. However if you can reasonably assume that the tenant will not be protected when the 3 years are up, you can give them notice now to quit at the end of the lease, in fact you can do so even if they are protected and see what happens, though in the latter case they can resist and would probably win when push comes to shove. My cousin and her husband were prorected tenants when they received lengthy notice to quit, but it happened to suit them so they did not dispute the issue, however be aware that in those circumstances the tenant may have the right to quit earlier than foreseen without the landlord being able to claim additional rent.


why would some tenants be protected?


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## BackinFrance

James_2 said:


> why would some tenants be protected?


It is usually a matter of age,.


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## BackinFrance

Though I note your reference to locaux, but if you are actually talking about an apartment or a house, then tenants may be protected. If you don't know, you can always formally issue a notice to quit and see what happens.

For detailed information go to pap.fr they have lots of reliable information.


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## James_2

BackinFrance said:


> It is usually a matter of age,.


so, I really have to find out his age. ok, that's a stage forward thanks


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## James_2

BackinFrance said:


> Though I note your reference to locaux, but if you are actually talking about an apartment or a house, then tenants may be protected. If you don't know, you can always formally issue a notice to quit and see what happens.
> 
> For detailed information go to pap.fr they have lots of reliable information.


what does locaux in this context mean please?


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## BackinFrance

James_2 said:


> what does locaux in this context mean please?


I don't know what ir means. It is you who used the term, but if you are talking about a dwelling, as I assume you are, then you are bound by the relevant law. As I said, take a look at pap fr and you will find all the detailed information you could possibly need.


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## James_2

BackinFrance said:


> I don't know what ir means. It is you who used the term, but if you are talking about a dwelling, as I assume you are, then you are bound by the relevant law. As I said, take a look at pap fr and you will find all the detailed information you could possibly need.


sorry, my apologies, I did mention it. I should have had my glasses on !! and yes, it does does mean premises; although it is a house.


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## BackinFrance

If it's a house, then it's a residence and subject to the relevant laws, provided that it has not been rented out as commercial premises, in which case that would be described in the lease


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## BackinFrance

It is possible to sell a home with a sitting tenant, though of course that réduces its attractiveness to potential buyers. Usually when you let out a property you get a copy of the tenant's ID which would include their date of birth. But as Bev said, a real estate agent should be able to advise you on the tenant's rights, so if you are planning to sell through an agent, you could ask them.


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## Peasant

James_2 said:


> why would some tenants be protected?


France cares about its people...


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## James_2

thank you to all for your comments. and thanks to "back in france" for recommending pap.fr; really good site that gave me plenty of information.


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## BackinFrance

And don't forget the implications of the trêve hivernale which begins in November.


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## James_2

BackinFrance said:


> And don't forget the implications of the trêve hivernale which begins in November.


ok


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