My landlord wants to repossess my dwelling: what can I do?

General information, not legal advice. A tenant can stay in their dwelling as long as they wish if they respect their lease, but a landlord who owns a building can repossess a dwelling to live in it or to house certain relatives. The landlord must send you a written notice within specific deadlines, which depend on the length of the lease (6 months before the end of a lease of more than 6 months, for example). You have one month to accept or refuse; if you do not answer, you are deemed to have refused. If you refuse, it is up to the landlord to ask the Tribunal administratif du logement (TAL) for authorization, and the TAL can impose conditions, including an indemnity equal to moving costs.

Key facts

Landlord's notice deadline

Lease of more than 6 months: at least 6 months before the end of the lease. Lease of 6 months or less: 1 month before the end of the lease. Indefinite-term lease: 6 months before the planned date of the repossession.

Your answer

1 month from receiving the notice. With no answer, you are deemed to have refused to leave the dwelling.

Landlord's application to the TAL

Within one month of your refusal or of the end of the response period. The landlord must prove a real intention to repossess the dwelling and that it is not a pretext.

Protection for older tenants (current rule)

Tenant or spouse aged 65 or over, who has occupied the dwelling for at least 10 years, with an income equal to or below 125% of the maximum income for low-rent housing: repossession is prohibited, with exceptions.

Indemnity

If the TAL authorizes the repossession, it can impose conditions, including an indemnity equal to moving costs. The TAL page does not give a fixed amount.

Proof of the notice

The landlord must be able to prove to the TAL the date the notice was sent and received (for example by bailiff, by registered mail or in person with an acknowledgement of receipt).

Steps

1. Check that the notice is written and gives the planned date of the repossession (which is generally the end of the lease), the first and last name of the person who will live in the dwelling and that person's relationship with the landlord. The notice must also mention the restrictions that apply to tenants aged 65 or over.
2. Check that the landlord is in an allowed case. A landlord who owns a building can repossess one of the dwellings to live in it, to house the landlord's father, mother, son or daughter, or to house another relative or in-law for whom the landlord is the main support (material or moral). Some special cases (for example undivided co-owners) have their own rules: see the TAL page.
3. Check the notice deadline. For a lease of more than 6 months, it must be sent at least 6 months before the end of the lease. For a lease of 6 months or less, 1 month before the end of the lease. For an indefinite-term lease, 6 months before the planned date of the repossession.
4. Check whether you are protected: a landlord cannot repossess the dwelling of a tenant aged 65 or over (or whose spouse is 65 or over), who has lived in it for at least 10 years and whose income is equal to or below 125% of the maximum income allowing eligibility for low-rent housing. Exceptions exist; they are detailed on the TAL page.
5. Answer within one month of receiving the notice, preferably in writing. You can accept or refuse to leave your dwelling. If you do not answer, the law considers that you refused. Before accepting, you can try to negotiate with your landlord, for example a departure date that suits you better or financial compensation.
6. If you refuse, it is up to the landlord to act: the landlord must ask the TAL for authorization to repossess the dwelling within one month of your refusal (or of the end of the response period). If the landlord does not do so within that time and no agreement is reached, you can stay in your dwelling.
7. If the case goes before the TAL, the landlord must prove a real intention to repossess the dwelling for the reason given in the notice and that it is not a pretext. If the TAL authorizes the repossession, it can impose fair and reasonable conditions, including an indemnity equal to moving costs. If the repossession seems to have been done in bad faith, you can claim damages.

General information drawn from official sources. It does not replace legal, medical or financial advice. For your situation, contact the organization concerned or a professional.