Leave – resumed to carry out work by bailiff

Description

You have given a residential space for rent and you wish to end the lease at its expiry to rebuild, improve the premises or increase the surface area. In this case, you must deliver a leave to your tenant either by registered letter with acknowledgement of receipt or by bailiff’s act at least six months before the expiry date of the lease. It is advisable to send the leave by bailiff for more security because if you send a registered letter, it is possible that your tenant will not pick it up at the post office in case of absence. On pain of nullity, the leave must reproduce the text of Articles 13 and 13a of Law No 48-1360 of 1 September 1948. It must also specify the reasons for which the leave is granted (L. No. 48-1360, 1 Sept. 1948, art. 13 ter). If you do not start the work within the time limit or if you do not carry it out under the conditions announced, you risk being stripped of all rights of return and being fined from 750 to 1 500 euros, without prejudice to possible damages (L. No 48-1360, 1 Sept. 1948, art. 59). As part of the takeover to carry out work, your tenant has a right to reinstatement if you have not relocated him initially. On completion of the work, you must send a formal notice, by registered letter with acknowledgement of receipt or bailiff’s act, to the former occupant in order to bring into play this right to reinstatement (L. no 48-1360, 1 Sept. 1948, art. 13, para. 2).