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Hello I have a french 3 year rental contract (part furnished…

Hello I have a french 3...
Hello

I have a french 3 year rental contract (part furnished house) The contract began 26th August 2010. We moved with our 4 children at expense from the south of france to the north placing our children in new schools and colleges. The owners were trying to sell the house and infact asked that we allow a viewing last week which we did. They said that they thought they only need give us 2 months notice. They wanted to only give a rental contract initially of 1 year which we said we would not be interested in, only a 3 year.
Today we have received notice that they intend to take the house back for the owner to live in as of June. We know that the owner does not want to live in the house as he is unable to speak french and make a living which is why they left but really just want to sell the house. How do we stand legally and what do we do
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Answered in 11 minutes by:
3/8/2011
T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1,455
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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It will really depend whether you have a lease for unfurnished living premises, in which case the owner cannot proceed as you describe above or a lease for furnished living premises, in which case he can (unless a specific clause of the lease prevents him to do so). In the latter case, you one would be well advised to check whether the property meets the requirements for furnished premises (minimum level of furniture and equipment). In case it does not, one would advise you to consult an avocat with all the details of the lease and the property to respond to the landlord.
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Customer reply replied 7 years ago
Thankyou for your quick reply. The lease is a 3 year furnished. We were left with one bed, one table, one sofa and a non working fridge. What are the minimum requirements.
A furnished house need be equipped with: table, chairs, cooking appliances, fridge, lighting, plates, pots and pans, cutlery, bed. A tenant should normally be able to move in without having to buy any hardware.

If a furnished property is let as a tenant's main residence, the minimum duration of the lease is 1 year (Code de la construction et de l'habitation : art L 632-1, L 632-2 et L 632-3). The tenant can leave with one month's notice. The landlord must inform his tenant 3 months before the expiration of the lease that he won't renew it and motivate his refuse to renew the lease (either he wants it back for himself, or he wants to sell the property).
Yet these legal obligations can be modified by the terms of the lease. So you need to check what it says in your lease regarding: 1) whether you declare upon signing the lease that this house id intended to be used as your main residence. 2) what the procedures for giving notice are.

If you believe your property does not fall within the definition of a furnished house (and can prove it with an inventory signed when you moved in for example) your lawyer may also try to have your lease changed to the type applying to unfurnished premises. Which are much more difficult to break for the landlord.
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Customer reply replied 7 years ago
The contract is a "kit Meuble" contrat de location de locaux vacants meubles exclusivement a usage d'habitation principale avec option etudiant. duration 3 years . My contract started 26.08.2010 and date de la fin d'engagement 26.8.13. I have no inventory. I was under the impression that it has to be a serious reason only that you can terminate a contract not just because you want to move back. Do we legally have 3 years and the notice period is 3 months prior to the end of this contract ie 3 months prior to 26.8.2013 that they do not wish to renew. I have nothing written on the contract as to what they left inside the property and therefore nothing signed for by me. Can I pursue them for financial compensation for moving costs past and future, etc etc. I have started a business from this address now at great expense with their approval
It would seem that your contract is not adapted to you use of the premises and to the reality: you are not a student and the house is not furnished as it should. You should consult a lawyer to help you point out to the landlord that you should have a proper lease (for unfurnished premises) which would be much more protective for you.
You can thus fight this notice but you cannot pursue the landlord for moving costs.
The fact that you run a business from the place may complicate things as a lawyer would need to analyze the wording of their letter of agreement to see whether this transformed your residential lease in a commercial lease and, if so, in what type of commercial lease...
Moving back in premises is a valid reason for a landlord to terminate a lease or refuse to renew one. Actually it is the most common one. Yet this cannot be done at any time, unless specified otherwise in your contract.
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Customer reply replied 7 years ago
Thankyou for this you have been very helpful. From my understanding now then it is not Reasonable or acceptable to terminate someones lease whenever you want to unless it has been specifically noted prior to the start of the rental agreement. I was under the impression that the lease was a minimum of 1 year but as it has been written 26.8.2011-26.8.2013 that was the period.
This is part of my letter.
" et dont vous etes locataire depuis 26.8.2010 vous signifie avec regret et en vertu de l'article 15 de la loi no 89-462 du 6 juillet 1989,votre conge a la date 5.6.2011. A cette date, le logement que vous occupez devra etre libere, et l'ensemble de vos obligations satisfaites.
je suis en effet conduit a prendre cette decision car je souhaite recupere ce logement pour l'habiter moi meme.....

The article of law quoted in the letter your received applies in the case of renewable 3 year unfurnished rental leases. The option to give notice can be exercised by the landlord at the end of the initial 3 year lease or at a renewal period, with a 6 months notice... I believe you have grounds to resist this notice. You should consult a lawyer to help you respond to the landlord.
T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1,455
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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