Notice to Quit for Repossession: The Offer of Rehousing May Be Made During the Notice Period

Imagine the scene: in Onet-le-Château, near Rodez, a landlord decides to take back his flat to house his son. He sends a notice to quit to his tenant on 25 May 2005, with a six-month notice period. But he forgets to include the offer of rehousing. The tenant protests: 'You haven't complied with the law, the notice is void!' Result: proceedings lasting years, legal costs, and a heavy uncertainty for both parties.

This situation may be familiar to you. When you are a landlord, the Law of 6 July 1989 imposes strict rules for giving notice to a protected tenant (a tenant over 65 with modest resources). One of them, Article 15 III, requires the landlord to offer rehousing. But at what point? Must the offer be in the same letter as the notice, or can it come later?

The Court of Cassation, in a judgment of 2 June 2010 (No. 09-66.698), ruled: the offer of rehousing does not have to be presented at the same time as the notice. It is sufficient that it is made during the notice period. A decision that reassures landlords, but also imposes vigilance as to the deadline.

The Facts: An Everyday Story

The spouses X., owners of a dwelling located in Onet-le-Château, gave notice to their tenant, Mrs Y., for 25 November 2005, with a six-month notice period starting on 25 May 2005. The reason? Repossession of the dwelling for their own occupation. But in the notice, no offer of rehousing was mentioned. Mrs Y., who benefited from the special protection of elderly tenants (she was over 65 and her resources were below the threshold), challenged the validity of the notice before the Tribunal d'Instance of Rodez.

Her argument: Article 15 III of the Law of 6 July 1989 requires that the offer of rehousing be made 'at the same time' as the notice. Failing that, the notice would be void. The spouses X. retorted that the offer had been made subsequently, by registered letter of 15 June 2005, i.e., during the notice period. For them, the essential thing was that the tenant had received a concrete proposal before the end of the lease.

The Tribunal d'Instance ruled in favour of the tenant, annulling the notice. The spouses X. appealed. The Montpellier Court of Appeal reversed the judgment: the notice was valid. Mrs Y. then appealed to the Court of Cassation. The Court of Cassation dismissed her appeal, confirming that the offer of rehousing could be made during the notice period, without being attached to the notice.

The Reasoning of the Court — Analysed

The Court of Cassation relied on Article 15 III of the Law of 6 July 1989. This text protects elderly or disabled tenants by requiring the landlord who gives notice to quit for repossession (the landlord who wants to recover the dwelling for himself or his family) to offer them rehousing. But the law does not specify the exact timing of this offer.

The judges interpreted the provision flexibly: the offer does not have to be simultaneous with the notice. Why? Because the aim of the law is to guarantee an alternative dwelling for the protected tenant, not to formalise the procedure to the extreme. As long as the offer is made before the end of the notice period, the tenant has time to examine it and accept or refuse it.

The Court also noted that the notice given on 25 May 2005 was formally valid, and that the offer of rehousing of 15 June 2005 was serious: a three-room flat, in the same geographical area, at an affordable rent. The tenant had not been prejudiced. Warning: this is not a carte blanche for landlords. If the offer is made too late, for example on the last day of the notice period, or if it is insufficient (dwelling too small, too expensive, too far away), the notice could be annulled. But here, the one-month delay after the notice was considered reasonable.

This decision confirms a jurisprudential trend favourable to landlords, while recalling that the protection of elderly tenants remains a priority. It is not a reversal, but a welcome clarification.

What This Means for You — Concretely

For the landlord: You can now give notice to a protected tenant without having to prepare the offer of rehousing immediately. You have the entire notice period to find suitable accommodation. Example: if your tenant in Decazeville is 70 and you want to take back the flat for your daughter, you can send the notice on 1 March, then offer her a two-room flat in the same neighbourhood on 15 April. Provided the offer is serious and arrives before 31 August (end of the six-month notice period).

For the protected tenant: You must verify that the offer of rehousing reaches you during the notice period. If it arrives only after the end date of the lease, or if it is insufficient (unfit dwelling, excessive rent, change of area), you can challenge the notice. Do not hesitate to consult a lawyer to assess the validity of the offer.

For the property professional: This decision simplifies the management of notices to quit for repossession. You can advise your landlord client to give notice without waiting to have found rehousing, provided it is done within the deadline. However, be careful: if the tenant refuses the offer, the notice remains valid, but the landlord will have to justify the reality of the repossession.

Four Tips to Avoid This Type of Dispute

• Anticipate rehousing from the notice. Even if the law does not require it, prepare an offer as soon as possible. This shows your good faith and avoids any risk of challenge.
• Keep written proof of the offer. Send it by registered letter with acknowledgement of receipt. Keep a copy. If the tenant refuses, note it in writing.
• Respect the deadline. The offer must imperatively reach the tenant before the end of the notice period. One day late and the notice can be annulled. Set yourself a deadline one month before the end of the notice period to be safe.
• Check the tenant's eligibility for protection. Not all tenants over 65 are protected: their annual resources must also be below a threshold (approximately €22,000 for a single person in 2024). If the tenant is not protected, no offer of rehousing is due.

Further Reading: Related Case Law and Developments

Before this judgment, some local courts required that the offer of rehousing be attached to the notice, on pain of nullity. The Court of Cassation had already ruled on similar cases, but not as clearly. For example, in a judgment of 8 February 2006 (No. 04-20.142), it held that the offer of rehousing had to be 'concomitant' with the notice, which sowed doubt. The 2010 judgment removes this ambiguity.

Since then, courts have systematically applied this rule. For example, the Montpellier Court of Appeal, in a judgment of 12 September 2013, validated a notice where the offer had been made three months after the notice, but still within the notice period. The trend is therefore clear: flexibility is the order of the day, but strictness on the deadline remains.

In the future, the legislator could specify the deadline in the law, but for now, case law is settled. For landlords, this is a security; for tenants, increased vigilance on the content of the offer.

Frequently Asked Questions

1. What if the landlord has not sent me an offer of rehousing during the notice period?
You can challenge the notice before the Tribunal Judiciaire within two months of its notification. The judge may annul it and allow you to remain in the premises.

2. Can I refuse the offer of rehousing?
Yes, if the proposed dwelling is too small, too expensive, or located in a different geographical area. Your refusal must be motivated in writing. The landlord will then have to justify the reality of the repossession.

3. What is the deadline for making the offer of rehousing?
It must be made before the end of the notice period. In practice, as soon as possible after the notice. If the offer arrives on the last day, it is valid, but it is better to avoid this.

4. Can the protected tenant be evicted without rehousing?
No. If the landlord does not offer rehousing, the notice is void and the tenant remains. The landlord cannot obtain eviction without a valid offer.

5. Does this decision apply to all types of notice?
No, only to notice to quit for repossession (the landlord or his family wants to live in the dwelling). For notice to quit for sale, no offer of rehousing is due.

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