Once the lease is concluded, the tenant has the right to remain in his apartment as long as he wants, provided he meets his obligations. This is called the right to maintain occupancy. Only a decision of the Tribunal du Logement may require a tenant to move out, and no one else. However, the law provides exceptions to this principle.
The repossession of a dwelling
To exercise a repossession of a dwelling, the landlord must comply with certain rules established by the Tribunal du Logement:
- The repossession can never be done before the end of the lease.
- The landlord has the burden of proving that the repossession is made for himself, a family member or any person being financially supported by the landlord.
- If the property belongs to a company or to several people who are not spouses, there can never be any repossession
Here are the steps to recovery housing and notice periods:
|1 month before the end of the leaseStep 1 : Landlord’s notice||Step 2: Tenant’s response||Step 3: Application to the Tribunal du Logement by the landlord|
|Lease of more than 6 months||6 months before the end of the lease||Within 1 month of receipt of the owner’s notice. If the tenant does not respond, he is presumed to have refused to move out.||Within 1 month of the refusal or the expiry of the tenant response time.|
|Lease 6 months or less||1 month before the end of the lease|
|Indefinite lease||6 months before the expected date of recovery|
The notice must specify:
- The expected date of repossession.
- The name and address of the beneficiary.
- His relationship with the landlord.
Do I absolutely need to accept and leave my apartment?
No. In the case where the landlord notice was sent outside the timeframe, it will be impossible for your landlord to evict you if you refuse the repossession. On the other side, when the notice is correctly written and has been sent on time, it is also your right to deny repossession.
Indeed, if you wish to receive a fair indemnity, which may include moving expenses, regardless of whether you believe in the good faith of the owner or not, whether you want to leave your home or not, you must refuse the repossession. It’s your right! It would be the landlord burden to make an application to the Tribunal administratif du logement if he really wants you to leave your home. Note that if you do not answer the notice, you are presumed to have refused the repossession.
It is also important to mention that an apartment’s repossession may be rejected by the Tribunal du Logement if the tenant demonstrates that the landlord has another vacant unit that is equivalent to its own.
Example: Reply notice repossession
What if the repossession occurs?
Following the repossession of a dwelling, it is important to go back in order to verify if the reasons for the takeover were met by the landlord. In fact, your landlord cannot rent your apartment to another person than the beneficiary without having made the request to the Tribunal administratif du logement. In such cases, you can obtain additional indemnities as the owner acted in bad faith and has not complied with the terms of the repossession given by the Board.
Eviction for subdivision, change of use and substantial expansion
For the eviction, the landlord must send a notice within the same timeframe as the repossession. For this type of eviction, however, mandatory minimum indemnities are established by law, which is payment of three months’ rent and moving expenses. The Tribunal is free to grant other indemnities.
Note that here, unlike the repossession, if the tenant does not respond to the eviction notice within one month of its reception, he is presumed to have agreed to leave.
To refuse the eviction, the tenant must apply to the Tribunal du Logement within one month. To oppose the landlord’s claims, verify that all laws were respected (ex. zoning) and that the landlord can prove a truthful intention of changing his building (ex. architect’s plan).
(ex : plan d’architecte).