Can I remove tenant who is 77 in order to move in myself?


(Diana Lynn) #1

I have an apartment in Normandy that is occupied by a 77 year old man. I would like to move in myself in the not-too-distant future. I recently heard that my tenant might be protected by law and cannot be asked to move. Is that true?


Thanks for your input!


(John Clark) #2

When in Rome ...

I pity the French government if they are obliged to provide a version in the language of every immigrant.

The "French Property" site offers very practical information in English.

All the better for you if you can manage to find a translation into English.


(Diana Lynn) #3

Hi John,

I also found the English language version very clear. I think it best for me to wait until we approach the six year end of the lease and give my tenant plenty of notice that I will want to move there myself.

Thanks very much for the link - I really appreciate the info.


(Shirley Morgan) #4

John, for me the English version is brilliant, all read and fully understood in my situation as a tenant, much clearer than trying to make complete sense of the French gov rules in French.



Now I also know what steps I must take at present to protect my position, with worsened health, before too late and think I must pay a visit by rdv to the huissier sooner rather than later for my own sake, that is if they also protect tenants rights! Now I understand also, perhaps why CAF have not vigorously pursued the matter, albeit maternity leave getting inthe way, she was only English bi-lingual employee in the bureau!


(John Clark) #5

http://www.century21.fr/edito/article/recuperer-un-logement-loue/

This article is very clear

or this ( in English)

http://www.french-property.com/guides/france/working-in-france/letting-property/termination-of-tenancy/


(Shirley Morgan) #6

As of this year under new rules, which startedfor Paris 1st the age was raised to 65, don’t know if it has spread to elsewhere yet.


(Shirley Morgan) #7

No!


(John Clark) #8

http://vente-immobilier.comprendrechoisir.com/comprendre/vente-apres-location


(Diana Lynn) #9

Okay, sorry if I am repeating myself, but I want to be clear about my situation.

I am over 60, my tenant is 77 and has a six-year lease that expires in 2018.

I would like to live there myself and can give him plenty of notice - now for May 1, 2016. (I currently live in California and am a U.S. citizen)

If I were to put the apartment up for sale, instead, would I have the right to ask him to vacate after giving him two months (I think that is the law) to decide if he wants to buy it?

Many thanks for your helpful info - the law is quite a tangle (for me to understand) in France.


(Brian Biggs) #10

Diana,if you click on thelink, then click on the British flag you will enter the site and then will see contact details email and telephone number for John Dislins. He lives near Bordeaux; good luck.


(Marie-Claire Gauthier) #11

Hi Diana, if you are over 60, you don't "need" to be earning less than 1.5 times the minimum wage.

However, you might find it difficult to get your tenant to leave especially if the conditions are exceptionally good for him. Have you been looking around for other accommodation for him? I would try to use the honey, rather than the vinegar approach, because if he decides to go to court, it will take forever to get him out of the place!

Good luck!!


(Brian Milne) #12

Give notice of non-renewal and hope he goes sooner.


(Diana Lynn) #13

The lease is for six years and is through 2018


(Brian Milne) #14

It is not so easy. If he has been there a long time and without a fixed term tenancy, the best you can do is sell with a sitting tenant. If he has a low income you can try, but is neither going to help you sell or resolve his accommodation situation with the ball always in your court.


(Diana Lynn) #15

Thanks, John

Is this age of 60 a factor in and of itself, or in combination with the 1.5% earnings clause?

If I put the place up for sale could that not force the tenant out (with six months notice)?


(Diana Lynn) #16

Dear All,

Just to clarify, as I didn't realize my age is a factor, I am, indeed, over 60. However I am not earning less than 1.5%.


(Diana Lynn) #17

Hello Brian,

Eager to see what you were sharing with me, I clicked on the link. However, the link is to the PleaseHelp website only, not to a particular discussion or article. Can you send a specific link for me? I'd very much appreciate it.


(Brian Biggs) #18

Diana, this may save you some time and money, John Dislins was extremely helpful to me with a similar problem.

http://www.pleasehelp.fr/


(Brian Milne) #19

I think everybody has said most of what needs to be said. I'll throw this in for good measure. My OH has just had a sale through where the vendors had several apartments on their property. A couple of the tenants had been in for years and years and did not want to go. Neither of them had income over 1.5x SMIC or family who could accommodate them. So, in order to complete the sale, the vendors found two flats at roughly the same rent for which they paid deposits, all removal costs and some compensation. A couple of other tenants left without fuss but then had nice pensions and savings, so no excuse. Neither bothered about the six months. The other two: one went quickly once it was all sorted out whilst the other held out the whole of her six month notice. The completion has only recently been done as a consequence, a couple of months later than it should have been but the notaire advised it with good reason. The difference is probably that this was a big, expensive property that the owners were relieved to have finally sold and did not mind paying out a bit of money to ensure that. Now the people who are hoteliers can go ahead with a clean slate and all of the property empty but it cost them time and left a hiatus between what they had sold themselves and what they are starting as of 1 September in principle, again it cost money. So, having heard almost daily accounts of this transaction at times, I can only conclude that whatever you do it will cost time and money, which is what you have to weigh up to see whether it is worth it.


(John Clark) #20

http://www.notretemps.com/droit/immobilier/resiliation-du-bail-protection-locataires-plus-70-ans,i43618

Mission Impossible?

If the tenant is over 70 years old and earns less than 1.5 times the minimum wage (SMIC).

However the owner is not held to these conditions if he or she :

- is over 60 years old

- earns less than 1.5 times the SMIC

The owner can alternatively sell the rented property, in which case the lease continues under the new owner.

Here's the link to the legal text :

http://www.legifrance.gouv.fr/affichTexteArticle.do?idArticle=LEGIARTI000006475123&cidTexte=JORFTEXT000000509310&dateTexte=20090731