Duration of lease for residential property

Duration of unfurnished residential lease

According to Article 10 of the July 6, 1989 law, the minimum duration of an unfurnished residential lease is three years when the lessor is an individual. However, if the lessor is a legal entity, the lease must be concluded for a minimum duration of six years.

The lessor cannot require a shorter lease duration than three years. However, the tenant has the option to terminate the lease at any time after one year of rental, provided they give a three-month notice. This termination can be given for any reason, without any particular justification.

On the other hand, the lessor cannot terminate the lease before the end of the three-year period, except for specific and limited reasons specified by law (such as resuming occupancy or selling the property). The lessor must provide a six-month notice before the end of the lease to terminate it.

Finally, if the tenant does not terminate the lease at the end of the three-year period, the lease is automatically renewed for a duration of one year. This automatic renewal is only effective if the lessor does not terminate the lease in the forms and timeframes provided by law.

The minimum duration mentioned above for the lease is a minimum duration, and it is entirely possible, if necessary, to conclude an unfurnished lease for a longer duration.

 

Duration of furnished residential lease

In the case of a furnished residential property, in accordance with the July 6, 1989 law, the minimum duration of the lease is one year. This duration can be extended by tacit renewal for successive periods of one year. The tenant has the option to terminate the lease at any time by giving a one-month notice. The lessor, on the other hand, cannot terminate the lease before the end of a one-year period.

Again, as this is a minimum legal term, the landlord can offer a furnished tenancy with a longer term.

However, it is possible to conclude a furnished residential lease for a period of less than one year. This is the mobility lease, a lease signed between the owner of a furnished dwelling and a tenant considered as a temporary occupant. The lease is for a period of between 1 and 10 months. This possibility is offered in particular to students who rent accommodation for a short period, during their university year, or to employees on vocational training for example.

 

Specific rules regarding the duration of the residential lease

Rules regarding tacit renewal of the lease

In the case of an unfurnished residential property, the lease is automatically renewed for a duration of one year unless the lessor terminates the lease according to the forms and timeframes provided by law. In the case of a furnished residential property, the lease is also renewed automatically for a duration of one year unless the tenant terminates the lease according to the forms and timeframes provided.

Rules regarding renewal of the lease

At the end of the lease, the tenant has the right to renew their lease. To do this, they must send a registered letter with acknowledgment of receipt to the lessor at least six months before the end of the lease. The lessor also has the right to renew the lease by sending a registered letter with acknowledgment of receipt to the tenant at least six months before the end of the lease.

Rules regarding termination of the lease

The tenant also has the right to terminate the lease before the end of the minimum rental period for certain reasons, such as obtaining a new job, divorce, or death. In this case, they must send a registered letter with acknowledgment of receipt to the landlord.

The landlord also has the right to terminate the lease for certain reasons, such as non-payment of rent, nuisance, or illegal occupancy of the dwelling. In this case, they must send a registered letter with acknowledgment of receipt to the tenant.

 

Conclusion

The duration of a residential lease is governed by specific legal rules that aim to protect the interests of both the landlord and the tenant. It is important for the landlord to respect these rules to avoid any dispute or difficulty in the rental relationship. In case of doubt or questioning, it is recommended to seek the advice of a specialized real estate lawyer.