10. Duration of the Tenancy

Tenants has an entitlement to a tenancy of a mimumum duration, but there are different rules that apply, depending on whether the letting is furnished or unfurnished.

1. 10.1 Unfurnished Lettings
2. 10.2 Furnished Lettings

10.1. Unfurnished Lettings

This does not imply that the tenant is obliged to stay in the property, or pay rent on it, for a minimum three year period, but that the landlord cannot grant a tenancy for a lesser period.

There are only a limited number of such circustances where this rule can be applied, such as use of the property by a close relative, for the birth of a child necessitating a larger home, or for occupational reasons.

A ‘close relative’ of the landlord is defined as their spouse, partner or parents and children or parents and children of their spouse or partner.

In order to realise this exemption, a minimum of two months notice must be given to terminate the tenancy and the name and address of the prospective occupant(s) must be given on the notice.

The notice must either be given in writing by recorded deliver letter (lettre recommandée avec avis de reception) from the landlord or delivered by a huissier (an official bailiff).

If the event occurs later than that anticipated when the tenancy agreement was signed then the landlord is obliged to extend the duration of the tenancy by the same period.

If the anticipated event does not materialise, or the landlord does not give two months notice before the end of the tenancy, the tenancy automatically becomes a three-year tenancy from the original commencement date.

If you intend to make use of this provision, you would be well-advised to have the tenancy agreement prepared in front of a notaire, as careful drafting of the agreement will be required.

10.2. Furnished Lettings

The law relating to furnished lettings changed significantly in Jan 2005.

Whereas furnished tenancies before this date were only lightly regulated, all such lettings (other than seasonal lettings) signed since 20 Jan 05 operate under more strict rules.

All tenants benefit from a right to a written tenancy agreement if it is their principal residence.

At the end of this period the tenancy is automatically renewed for another year, in the absence of other action or arrangement.

If the property is not the principal residence of the tenant, the tenancy can be for any term you both decide.