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Right of residence According to the Court of Cassation, when a student rents furnished accommodation, it is considered to be their main residence, regardless of the stipulations of the lease. The student has the right to terminate the lease at any time, provided that he gives one month ‘s notice .
Main residence status of furnished accommodation rented by students: –
This judgment was highlighted by the Court of Cassation on February 5, 2013, in a specific case involving a student who had rented a furnished studio for a year in the city where she was studying. After nine months, the student decided to terminate the lease. However, the landlord disputes this action by invoking a clause in the lease agreement which explicitly stipulated that the rental did not constitute the principal residence of the student. The lessor also invoked a clause in the lease which excluded the application of the legal provisions allowing the duration of the lease to be reduced to nine months if it served as the main residence of the student.
The Court of Cassation clarified that despite the presence of such clauses in the lease contract, the provisions of the construction and housing code still apply. Therefore, the right to terminate the lease remains intact, and the student can give notice at any time, provided that he respects a notice period of one month.
Termination of the lease by the students and period of notice: –
This decision guarantees students the possibility of adapting their living conditions according to their academic needs and their personal situation. It recognizes the unique nature of student life, where where they study often determines their primary residence for the duration of their studies.
In conclusion, whatever the contractual clauses to the contrary, a student’s furnished accommodation is considered to be his main residence. Consequently, the student has the right to terminate the lease subject to one month’s notice. This legal principle, reaffirmed by the Court of Cassation, grants students the freedom to decide on their living conditions during their studies .
(Note: the reference “DAMY Law Firm 2020” at the end of the text seems unrelated to the content provided and may not be relevant.)
