Landlord's notice to quit: sale, repossession, legitimate cause

Unlike the tenant, who can give notice at any time, the landlord may reclaim the dwelling only in cases strictly framed by law. The landlord's notice to quit follows precise formalities, notice periods and three grounds exhaustively set out by the Act of 6 July 1989: sale, repossession to live in, and a serious and legitimate cause. This guide sets out each of them, the notice periods and the protections the tenant enjoys.

A framed right: only three grounds

The landlord may give notice only at the end of the lease term — never during the lease — and only on one of the three grounds set out in article 15 of Act no. 89-462 of 6 July 1989:

• notice to sell the dwelling (notice for sale);
• notice to repossess the dwelling in order to live in it, whether the landlord themselves or a relative (notice for repossession);
• notice on a serious and legitimate cause, most often relating to the tenant's breaches.

Outside these three cases, the lease renews or rolls over automatically. The landlord therefore cannot simply “decline to renew” a lease without relying on one of these grounds.

Notice for sale

A landlord wishing to sell their dwelling with vacant possession may give notice for sale at the end of the lease term. This notice amounts to an offer of sale in the tenant's favour: it gives the tenant a right of pre-emption. On pain of nullity, the notice must state the price and terms of the proposed sale and reproduce the first five paragraphs of section II of article 15.

The tenant then has two months to accept the offer. If they accept, they have two months (or four months if they take out a loan) to complete the purchase. If they do not buy, the landlord may sell to a third party, but if the terms become more favourable to the buyer, a fresh offer must be made to the tenant.

Note: selling an occupied dwelling (with the tenant in place) requires no notice — the lease continues with the new owner. The right of pre-emption applies only to the sale of a vacant dwelling.

Notice for repossession

The landlord may repossess the dwelling to live in it or to house a relative. On pain of nullity, the notice for repossession must state the ground and specify the name and address of the person taking possession, as well as the nature of their relationship to the landlord.

The person taking possession may only be the landlord themselves, their spouse, their civil partner (PACS), their acknowledged cohabiting partner of at least one year, their ascendants, their descendants, or those of their spouse, partner or cohabiting partner.

The repossession must be genuine and serious: the repossessed dwelling must actually become the beneficiary's residence. A fraudulent notice for repossession (where the dwelling is in fact re-let or resold) exposes the landlord to damages and criminal penalties.

Notice on a serious and legitimate cause

Lastly, the landlord may give notice on a serious and legitimate cause, which generally relates to a breach by the tenant of their obligations: repeated late or missed rent payments, established nuisance to neighbours, misuse of the dwelling, lack of insurance, unauthorised subletting.

The ground must be stated in the notice and be capable of being justified if contested. The court has sole discretion to assess whether the ground relied on is serious and legitimate. This notice differs from termination of the lease during its term for unpaid rent, which goes through the forfeiture clause and court proceedings.

Notice periods and formalities

The landlord's notice must observe a notice period calculated from the end date of the lease term:

• six months before the term for an unfurnished dwelling;
• three months before the term for a furnished dwelling.

The notice must be served on each tenant named on the lease (and, where applicable, on the civil partner or spouse the landlord is aware of) by registered letter with acknowledgement of receipt, by act of a judicial officer (bailiff), or by hand against a receipt or signature. The date of receipt starts the notice period running.

Protection for the elderly, low-income tenant

The landlord may not give notice for sale or repossession to a tenant over 65 whose annual income is below a regulatory ceiling, without offering them alternative accommodation matching their needs and means, located nearby.

This protection does not apply if the landlord is themselves over 65 or if their income is below the same ceiling. Age and income are assessed as at the end date of the lease term.