The residential lease governed by the law of 6 July 1989 is generally referred to as an unfurnished residential lease.
The provisions of this law are of public order. It is therefore impossible to derogate from them by agreement. The law applies to leases of premises used as a main residence or for mixed professional and main residential purposes, as well as to garages, parking spaces, gardens and other premises leased as an accessory to the main premises by the same lessor.
The term of the lease is a minimum of three years, unless the lessor is a legal entity, in which case the minimum term is six years. It should be noted that family companies are considered to be natural person lessors. An unfurnished residential lease granted by a family SCI will therefore be for a minimum of three years.
These periods are intended to provide the tenant with a degree of stability. Although it is not possible to reduce the term, the parties may agree that the unfurnished residential lease should be for a longer period than that stipulated by law. However, the lease cannot be for an indefinite period, in accordance with article 1709 of the Civil Code.
At the end of the lease, and in the absence of notice, the unfurnished residential lease is tacitly renewed for the term legally stipulated at the time of renewal.
Exceptions to the minimum duration of an unfurnished residential lease
In exceptional circumstances, the minimum term of three years may be reduced to at least one year, provided that the lessor is a natural person or similar and that a specific event justifies this. This event, whether professional or family-related, must be specified in the residential lease so that the lessor can take back the rented property. Any irregularity in the contract will automatically result in the term being extended to three years. The same applies if the event does not occur.
Termination of an unfurnished residential lease
Firstly, as far as the lessor is concerned, he is committed until the end of the lease, with no possibility of terminating it before its term. Only termination by operation of law in the event of failure to fulfil an obligation under the contract, or termination by court order, could bring the unfurnished residential lease to a premature end.
Under the terms of the law of 6 July 1989, there are three grounds on which the lessor may give notice on expiry of the lease:
- repossession to live in the property
- Notice for real and serious reasons that make it impossible to continue the lease
- Sale of the property
The tenant must be notified of the notice given by the landlord at least six months before the end of the unfurnished residential lease.
Tenants of unfurnished residential leases may terminate the lease at any time, provided they give three months' notice. It should be noted here that the notice period is one month in certain cases. This is the case in the event of a professional transfer or if the health of a tenant over the age of sixty warrants it.
Just as the parties cannot stipulate a shorter lease term than the minimums set out above, the tenant cannot be prevented from giving notice at any time.
To ensure a smooth transition with a new tenant or landlord, the tenant must allow the property to be visited without being forced to do so on public holidays or for more than two hours on working days. Any clause in the unfurnished residential lease to the contrary shall be deemed unwritten.
In the event of the death of the tenant, the unfurnished residential lease continues in favour of :
- the surviving spouse ;
- descendants living with the tenant for at least one year at the date of death ;
- a partner bound to the tenant by a civil solidarity pact ;
- ascendants, cohabitees or dependants who had been living with the tenant for at least one year at the date of death.
If there are no persons meeting the above criteria, the unfurnished residential lease is automatically terminated by the death of the tenant.
In the event of the lessor's death, the furnished residential lease continues ipso jure.
It should be noted that the law and the courts are very protective of tenants who do not wish to leave the premises. These include the ban on evictions from 1 November to 31 March, and the possibility of the judge granting additional time.
Rightly or wrongly, the law over-protects tenants of residential leases. Rightly so, because housing is the last defence against the marginalisation of people of good faith who find themselves in difficult economic situations. Wrongly, because legislation that is too protective of tenants may discourage landlords from offering their property for rent. What's more, to protect themselves, landlords will ask for guarantees that are excessive in relation to the rent, de facto excluding good payers on more modest incomes.