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tenancy query

Question

Top floor flat needs extensive renovation work to be carried out (roof/walls/cheminée/velux).
Am I entitled to ask current tenant to leave (my preferred option) so that I can do the work in my own time ? If so, with what notice period ? Her 9 year lease expires in September this year.

anon

Q - "Am I entitled to ask current tenant to leave".

In this situation, your best bet by far would be to let her stay till the end of the 9 year lease. To try and get her out before that will probably involve needless complication and stress for both parties. Just tell her now in writing that you will not be renewing her lease in September. That's far more notice than she legally needs, and will at least give her a decent amount of time to move, considering that she's been there for 9 years.

Apr 24, 2017 10:06
becasse

..... and make it clear that you will be doing an extensive renovation once she leaves and that, in the circumstances, she can leave at anytime before the notice of determination expires without being liable for any further rent and that you will refund her deposit in full. That means that she can look for a new property knowing that she can move into it immediately if necessary - which always makes apartment hunting easier.

Apr 24, 2017 10:44
Phil Cole

I agree with ANON. Just wait until she leaves in September if you can - why would you remove someone who is clearly a good payer before you have to? I believe the legal notice is 3 months but do check your contract.

If she has been a good payer for 9 years then I'd just let her stay. However, if you're asking what the legal requirement is if you want her our before the end of the 9 years, then you just have to give the formal notice by registered letter.

Apr 24, 2017 10:46
anon

Yes - What BECASSE has added to my first answer is very sensible. Giving her the option to leave at no penalty means she could move out at any time.

Worst case scenario, they stay till September.
Best case scenario - they move out in a week with no problems, and probably some goodwill towards you.

Apr 24, 2017 11:16
marly

Thanks all.
However I understand that six months' notice is required to end 9 year lease.
As her original contract is dated 1st October I fear I have missed the deadline by 3 weeks...
Does this mean that we have to continue for a further 3 years if I can't work it out amicably with her ??
Is there not a 'besoin de gros travaux' escape possibility ?

Apr 24, 2017 12:44
RPPKN

If her current nine-year lease expires in September 2017, you are already too late to give notice. By law you needed to give notice a full six calendar months before the expiry date, so you should have given her notice at the end of March at the latest if the lease expires at the end of September.

Her nine-year lease has now been automatically extended by three years, which will make it a lot more difficult for you to get rid of her.

During the next three years to can give her notice ONLY if you move to the apartment yourself, or move in a close relative.

Even for extensive renovation works, you cannot give her notice until six months before the expiration of the three-year extension (and since this is a cumbersome procedure and you have to provide all kinds of complicated paperwork, it makes no sense to use this reason as you will be able to give her notice at that time anyway).

So unless you can get her to leave at her own volition, your only option is to give her six months notice and pay her compensation equivalent to the rent of six months.

Apr 24, 2017 13:00
themissus

Hi Marly, we have an EXCELLENT builder if you need a reference- let me know!!

Apr 27, 2017 14:47
marly

Thanks all !

Yes please TheMissus - a good builder would be a find !

Apr 30, 2017 13:01