Tenants must inform the landlord of their intention to terminate the lease, usually by registered letter with acknowledgment of receipt or via a bailiff’s notice.
Furnished vs. Unfurnished:
The notice period differs between furnished (one month) and unfurnished (three months, potentially reduced to one).
Reasons for Termination:
While tenants can terminate at any time, specific situations like job loss, relocation, or health issues can shorten the notice period.
“Zone Tendue”:
Properties located in areas with high housing demand (zones tendues) allow for a one-month notice period for unfurnished rentals.
Lease Agreements:
Always review the specific terms of the lease agreement, as it may contain additional clauses or requirements.
Mobility Leases:
These are more flexible and allow termination with one month’s notice.
Deposit:
Landlords have a certain period (usually two months) to return the security deposit after the end of the tenancy, deducting for any necessary repairs.
Steps to terminate a lease:
Review your lease: Understand the specific terms, notice period, and any required procedures.
**Draft a termination letter:**Clearly state your intention to terminate the lease, including the date of departure and any relevant details.
3, Send the letter: Use registered mail with acknowledgment of receipt (lettre recommandée avec accusé de réception) or a bailiff’s notice.
4, **Comply with the notice period:**Ensure you vacate the property by the agreed-upon date.
5, Return keys: Return the keys to the landlord or agency on the agreed-upon date.
Finalise the deposit: The landlord will return the deposit, potentially deducting for damages or unpaid rent.
What a discussion this is! @SashaZ can I ask you some questions.
Did you view the rental before agreeing to take it?
How long have you been in the apartment?
From your description it sounds like you cannot see outside, frosted glass to windows and velux too high to open and close, why on earth would you choose ro live in a prison cell?
Presumably your landlord didn’t mention that Napoleon had said ‘non’ until afterr you moved in? @Susannah post states you can terminate your lease in 1 month for furnished rental which is surely your best course of action as clearly you are not happy with what you agreed to rent.
I am sure your user name is purely coincidental but you should have chosen a rental with ‘Sasha’ windows.
Yes, I can appreciate that. But if one’s chances of success with the Landlord are marginal, perhaps it’s better to face that fact and start hunting now, rather than expending effort on a lost cause. Plus risking alienating the Landlord into the bargain. That or just accept the defects.
I know the circumstances are difficult, but I wouldn’t have the energy or resolve for a such a battle. Which even if won the Landlord could say it’s all too much bother, agree it’s not habitable and evict you rather than modify.
After calling la mairie and being transferred to Hygiene, I tried to ask questions. The woman hung up on me Then a lovely older woman at la mairie transferred me to Insubralite. Very nice man told me to send photos to his colleagues at Signal de logement for someone to come to check it out. He said to do it soon because in winter the humidity could be very very bad. He said that the Napoleonic law was a made up story. There must be a window that can open. The landlord is coming today, the visit was scheduled before the registered letter was sent. No matter the outcome I will report to Signa de logement. I have the very nice man’s name and phone number.
Well if I were you, I’d dismantle the plate and open the window.
It’s very unhealthy for you and potentially very illegal for the landlord to rent a place without a fresh air input.
Some things to note:
Lack of fresh air, dangerous for your health
High humidity (risk of fungal buildup and respiratory infections)
High temperature, without air circulation added to high humidity bingo… I hope your cardiovascular system is good.
High levels of C02… add this to the one above and you can be living in a death trap.
Btw what heating system and cooking equipment are in the flat? I sincerely hope that the replies are not gas or a wood burning stove.
The rooms that really have no air circulation are a small bedroom and a bathroom. When the velux are open in the other two rooms the air circulation is good. If it’s raining the velux must be closed so that ends tbe circulation.
What to do to report Mr. Propriétaire?
He and his wife were here on Saturday. What monsters. Since I cannot reach the four living room velux with the pole he demonstrated that I should stand on the coffee table to reach. Then he went out on the roof terrace to show me another way to close the velux. He said I should lean over on the metal siding to reach over to push the window closed. And then fall into the open velux by mistake. I am retiree age.
Is there anything similar to a Certificate of Occupancy in France? An inspection of some sort that would clear an apt for occupancy?
Thank you so much!
Sorry to read that the landlord is such a monster. Telling you to stand on a chair or coffee table to open/ close windows or leaning over a roof or terrace, basically he doesn’t give a xxxxx about your personal safety. Please don’t do this!
If you don’t want to move with all that it intails…. I certainly would. But if you want to stay, you can ask the landlord to install a tringle à fenêtre adapté, basically a rod or rods connected to each other with a handle at a reasonable height very easy to install and not expensive.
As for the small bedroom it should have ventilation if not it’s a storage space ok for a night or two with the door open and then… the bathroom is another matter without adequate ventilation it’s a humidity trap and the paint / walls cabinet’s etc will suffer and fungus will thrive, Giving you possible health concerns and when you leave the landlord obligingly you to replace the damaged fixtures and fittings and make good the walls and paintwork.
“The lessor is required to provide the tenant with decent accommodation that does not present any obvious risks that could affect physical safety or health, is free from any infestation of harmful and parasitic species, meets a minimum level of performance within the meaning of Article L. 173-1-1 of the Construction and Housing Code and is equipped with the elements that make it suitable for residential use. A decree in the Council of State defines the minimum level of performance within the meaning of the same Article L. 173-1-1 to be respected and a timetable for phased implementation.”
Article 20.1
“If the rented accommodation does not comply with the provisions of the first and second paragraphs of Article 6, the tenant may request the owner to bring it into compliance without affecting the validity of the current contract. In the absence of an agreement between the parties or in the absence of a response from the owner within two months, the departmental conciliation commission may be contacted and issue an opinion under the conditions set out in Article 20. Referral to the commission or the submission of its opinion does not constitute a prerequisite for either party to refer the matter to a judge.”
Having viewed the premises and more critically in law, signed the rental contract as outlined in Article 3, you may be deemed to have accepted the premises as presented. Arguing against the admittedly vague legal points above may be challenging.
To terminate the lease please see Article 12 and 15 in the above link.
Sorry I don’t know but I’m sure others on here will. I’m thinking @JaneJones she knows her stuff when it comes to things like this, but there’s others on here.
Never heard of a certificate of occupancy, but there are rules that must be complied with like a surface of Xm2, a smoke alarm and so on.
Ventilation must be adequate, but no definition of adequate.
As ever the first step is to write formally to the landlord LRAR, setting out the problem and asking politely for them to provide a solution that does not further risk your heath (like standing on a coffee table).
If that gets no reply then you have to keep going. If in a smaller place then directly to marie would be next step. In a larger place try to find contact details for the Service Communal d’Hygiène et de Santé (SCHS) which will be somewhere in the public structure.
Hey Susannah would you say that as it seems in France you can say what you like verbally, but it doesn’t count unless you put it in writing and send it by signed-for registered letter (LRAR) should a Mise en Demeure on the failure points in your text be sent LRAR formally requesting the accommodation to be remedied so as to be broight into compliance.
I’m thinking best done with help of housing authority or solicitor. I think so long as not done by LRAR will be ignored. And then ignored till expensive court action if there’s no local housing authority to support?
Then there’s also the potential of informal reprisals…
The more I think about it the more I think @John Scully is right and best to just get the h*ll out as soon as you can…
I think you need to move. If you visited the flat, by agreeing to rent it you have accepted the place as is, so I’m not sure complaining will get you anywhere.
ANIL - The housing is considered a premises unsuitable for housing (Locaux impropres à l'habitation - ANIL) where cellars, basements, attics, rooms without openings or without natural light are unsuitable places to live in.
”The mayor is responsible for the application of hygiene and health rules on the territory of his municipality.
These infractions are recorded in a report that is transmitted to the Public Prosecutor.
The mayor may issue an injunction or take a formal notice. In the event of non-performance of the work, he can issue a 4th class fine (fine of €750).
There may be no remedy regarding the inoperable windows, reference the neighbours’ dispute, and you would be entwined in protracted and stressful dealings. Lesser stress and a quicker solution may be to move.
If you are determined to stay and your landlord actually will spend the money rather than suggesting a circus act to open the windows, Morse Teleflex make winder systems to fit most windows.
It’s a hornet’s nest IMHO.