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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 791
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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We have a French tenant in an annexe to our house. He has

Customer Question

Hello. We have a French tenant in an annexe to our house. He has been there since January 2012. We gave him six months "notice to quit" 30/09/2015. I understand the difficulty in getting a tenant to leave before mid April.
He wishes to stay citing the agreement has automatically re-newed for three years after the contract finished January 2015.
He has his own front door and private accomodation. The electric supply passes through our house but has a meter for his 'cottage'. He paid for the electricity and water for 3 and a half years, but nothing since last summer. Are we stuck with him?
Submitted: 8 months ago.
Category: French Law
Expert:  T Perrin C replied 8 months ago.

If this is an unfurnished rental with a three year tenancy agreement,

If the 3 year tenancy agreement was to end in January 2016,

You could terminate the agreement ONLY by sending a registered letter delivered to the tenant 6 months before the anniversary date of the tenancy agreement (if it was in January, your letter should have been sent in June 2015)

Besides the notice to quit must be motivated by one of the three reasons below (which must be clearly stated in the letter:

- you wish to sell the place

- you wish to live in the place

- you have a proven legitimate reason not to renew the lease (unpaid rent, trouble caused by the tenant,...)

From what you write above your notice to quit (even if motivated by one of the above) was served too late to prevent the renewal of the lease in January 2016.

You can only force him out if he does not pay his rent and if you obtain a court order. But proceedings can take time.

Customer: replied 8 months ago.
Thank you for that clarification. Does the failure to pay for electricity and water have any relevance? The tenant paid for three and a half years but nothing now for nine months.
Expert:  T Perrin C replied 8 months ago.

As long as the rent is paid, all you can do is initiate a collection procedure to recover amounts due related to utilities bills.