Terminating a 3-6-9 rental contract

Hello,

In case of change of ownership during the lease, you will be protected differently depending on whether your contract is acquired at the time of disposition of the leased property, certain date or not.

The certain date can be obtained in the following three ways:

- The lease of registration;

- The death of one of the signatory parties to the lease;

- The lease finding in an authentic instrument.

This article is composed of two sections, depending on your lease contract a date certain or not.

A. Your lease has certain date

- In this case, the purchaser shall be subrogated to the rights of your old landlord upon signing of the deed.

- It will therefore be required to comply with the lease in progress.

- In this case, the operation will be totally neutral for which you retain all of your rights.

- To end the lease in progress, the new owner will respect the following rules (link to the form: "The various lease contract termination modes"):


1. Your lease is short

- The lease contract or successive contracts for a total period not exceeding three years are considered short-term leases.

- In principle, these contracts can not be terminated prior to maturity, unless the agreement of all parties.

- Failing for the buyer to get your agreement on the early termination of your contract, it will not be permitted to terminate it prematurely.

2. Your lease is nine years

- In the presence of a nine-year lease, the purchaser may terminate your contract subject to compliance with a number of conditions, which vary according to the following assumptions:

i. The buyer would like to personally occupy the property.

- The property must be occupied personally by the purchaser or by a family member at first and second degree. Since the Act of 13 April 1997, it is no longer permitted, during the first three years to terminate the lease agreement for the occupation of a family member in the third degree.

- It may terminate your lease contract by notifying a notice of six months.

- His occupation should be uninterrupted for two years and will take place in the year following the return of the leased premises by you.

- Failing save in exceptional circumstances, you will receive a contractual compensation of eighteen months rent.


ii. The buyer wishes to perform conversion or renovation work

- It may terminate your lease at the end of each triennium, and subject to compliance with a notice of six months.

- The proof of the existence of the work required to be appended to the notice. This evidence will be, as desired, in the copy of the planning permission, in a copy of a detailed estimate, in a description of works with estimated cost, or a copy of his work contract.

- The proposed work must meet the legal and regulatory requirements in urban planning.

- This work will affect the body of the leased property and the cost will not exceed three years' rent.

- They must also be made within six months of the return of the leased premises by you.

- Barring exceptional circumstances, to be finished within twenty-four months of the restitution of the premises.

- Failing to it to meet the above conditions, you will receive a contractual compensation of eighteen months rent.

iii. The buyer wants to terminate the lease without cause

The leave is possible at the expiration of each triennium subject to compliance with a notice of six months.

The new owner will be liable for compensation, however, nine months rent (during the first three years) or six months rent (in the second triennium).


B. Your lease has no certain date

1. You occupy the premises for less than six months

If you occupy the premises for less than six months, you will not have any protection and the new owner may if necessary terminate your lease contract without notice or compensation.

2. You occupy the premises for more than six months

If you are in the scene for more than six months, you will have a reduced protection.

The purchaser may notify you leave at any time, subject to compliance with a notice of three months for personal occupancy, execution of work or without cause but with compensation. This leave will however be sent to you within three months of the execution of the deed of sale.

Failing for him to meet that deadline, you will have the same protection as the lessee whose lease certain date.

The new owner should  send you a regesterd   letter requesting you  to leave the appartment 6 month in advance of him moving in. If he dosent send you the regesterd mail he has no right to ask you to move. When you receive the regesterd  mail you can terminate your contract by giving one month notice. Taking into account that you ( in most cases) have the right to recive the complete garentee, as the new owner has no proof of conditions of appartment when you moved in, unless he has the signed paper from you that you have signed with the old owner of appartment condition.
Greets