Used for the rental of an equipped dwelling, the furnished lease contract has several advantages. But when the time comes to terminate the agreement, it is essential to be well informed about the terms and conditions of the termination. Indeed, certain formalities are necessary under the penalty of nullity. Focus on the different steps to terminate a furnished rental contract.
The Termination Letter
To protect the tenant and prevent the French’s impoverishment, the end of a lease contract is subject to strict regulations. Thus, an owner or a tenant wishing to terminate an agreement must do so by notifying the other party.
Sending a Registered Letter
A lease contract can be terminated for repossession for habitation, sale of the rented accommodation, etc. It is not uncommon for a tenant to want to buy the house they occupy.
The party wishing to terminate the lease contract can do so by notifying the other party by mail. The termination letter must be sent by registered mail, acknowledging receipt. It must contain the contact details of the lessor and the lessee, the place, the date, and the reason for the termination. Moreover, it must also provide a notice period.
Notification by Bailiff
The termination letter can also be delivered to the party concerned by a bailiff. This option ensures more security, speed, and efficiency. The notification by the bailiff allows a receipt of the letter on a certain date, as well as a verified content. Indeed, you are assured to respect the rules in force.
In addition, you should know that your letter will be delivered to the exact address of its recipient. Moreover, a bailiff’s deed has a high probative value. This makes it a good proof of the date of receipt of the letter by the owner or the tenant. In other words, from a legal point of view, you can be sure that the addressee was aware of the letter. The notice period can begin as soon as your bailiff confirms the delivery date.
Since adopting the ALUR law in 2014, it has been possible to deliver the termination letter directly to the recipient. This avoids completing cumbersome and costly formalities (sending a registered letter with acknowledgment of receipt, using a bailiff…).
The law thus authorizes a solution that is already very popular with landlords and tenants. The only condition is that the party concerned must have a receipt attesting to the receipt of the letter. Moreover, the recipient can simply countersign the letter after mentioning “letter delivered by hand”, specifying the date.
Hand delivery guarantees that the letter is received on a specific date, which makes it possible to determine the exact start of the notice period.
The Notice Period
The notice period is imperative to respect any person wanting to terminate a lease. The ALUR law sets the length of the notice period to be respected.
Thus, the tenant wishing to terminate a lease is required to give the landlord one month’s notice before being able to provide him with notice. This legal provision is valid even if it is a student lease. However, if the landlord wishes to terminate the contract, he is obliged to respect a three-month notice period before giving notice to his tenant.
Note that before your tenant leaves, it is necessary to carry out an inventory of fixtures. This allows you to determine if there is any damage. If there is no damage, the owner must return the security deposit within one month of the tenant handing over the keys.