Protecting tenants over 65 in the event of notice to vacate: what the law says
When it comes to residential leases, tenants aged over 65 benefit from special protection when their landlord gives them notice to vacate. The aim of this protection is to limit abusive evictions and guarantee suitable rehousing. Here are the essential rules you need to know.
A protective legal framework for tenants over the age of 65
The protection of senior tenants is defined by articles 15 III and 25-8 II of law no. 89-462 of July 6, 1989. These provisions stipulate that when a tenant over the age of 65 is given notice to repossess or sell their property, the landlord is obliged to offer them a suitable alternative accommodation.
This protection also applies to tenants who have a dependent over 65 years of age who habitually lives in the dwelling and meets the means test set by law.
Conditions for benefiting from this protection
Two criteria are taken into account to determine whether a tenant can benefit from this protection:
1. Age: the tenant (or his or her dependant) must be over 65 years of age on the expiry date of the lease.
2. Resources: the tenant's resources must be below the ceiling set for the allocation of “PLUS” (Prêt Locatif à Usage Social) social housing. These resources are assessed over the last twelve months prior to notification of notice.
If these conditions are met, the lessor cannot give notice without offering equivalent alternative accommodation.
Exception for lessors
If the lessor is over 65 years of age (on the lease expiry date) or if his or her resources are below the ceiling for the allocation of PLUS social housing (on the lease expiry date, then tenant protection is no longer mandatory.
Which lessors are affected by this obligation to protect 65-year-old tenants?
This obligation applies not only to individual lessors, but also to dismembered properties such as joint tenancies. However, legal entities (such as SCIs) are not subject to this obligation.
In the case of jointly-owned properties, it is sufficient for a single joint owner to meet the exception conditions for landlords, and the protection afforded to tenants will no longer apply.
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Replacement housing criteria
The proposed relocation must meet several criteria:
- Location: the property must be located in the same arrondissement, canton or commune, or within a maximum radius of 5 km.
- Size and comfort: the accommodation must be adapted to the tenant's needs and offer comparable living conditions.
- Affordability: the rent must not be too high in relation to the tenant's resources.
A smaller property may be accepted if it has been renovated and the rent is below market rates. On the other hand, a proposal for accommodation that is too cramped, too dark or located on the first floor instead of a high floor may be considered insufficient by the courts.
What happens if no offer of alternative accommodation is made?
If the landlord does not offer a suitable alternative accommodation in accordance with legal requirements, the notice is null and void and the lease is automatically renewed. This nullity applies even if the notice was motivated by a serious breach of the tenant ' s obligations (unpaid rent, neighborhood disturbances...).
What are the lessor's obligations?
The lessor must make an offer of alternative accommodation during the notice period. This offer must be serious and effective. He cannot simply provide a list of housing found on the market without checking their availability and the agreement of the owners concerned.
If several properties are offered, the tenant cannot refuse without a valid reason. For example, a refusal based on excessive rent or lack of comfort may be admissible, whereas an arbitrary refusal without justification will not be sufficient to call into question the validity of the notice.
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Conclusion: strong but controlled protection for tenants over 65
Legislation protects elderly tenants against dismissals that could make them vulnerable by depriving them of a stable home. However, this protection is based on precise criteria and is not systematically applied. Landlords must therefore anticipate this constraint when they wish to recover their property, or risk seeing their notice invalidated.
If you have any questions about the application of this rule, Parlez-moi de Paris, a Parisian real estate hunting specialist since 2009, can help you with your real estate projects and help you understand the legal subtleties of the market.
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