Repossession of a Dwelling: The Landlord Does Not Have to Prove the Beneficiary's Need

Imagine: you are the owner of a flat in Danjoutin, let for years to a family. Your daughter, who works in Belfort, is looking for a home. You offer her this flat. You give notice to the tenant in due form, stating that you are repossessing the flat for your daughter. But the tenant challenges this: "What is the point of knowing for whom you are repossessing if you cannot prove that she needs this flat?"

This is the question that hundreds of landlords ask themselves every year. Must they demonstrate that the beneficiary of the repossession is in need? Does the beneficiary lack housing? The Court of Cassation decided in 1986: no. Article 9 of the Law of 22 June 1982 does not require the landlord to justify the beneficiary's housing need. Explanations.