The lessor must fetch the rent, except in the case where there is an agreement that says otherwise or if both of them are used to act differently.

I must obtain a postponement of the hearing to a later date and for that I must obtain the written consent of the other party and file it at the Tribunal.

If I cannot obtain that consent, I can send a mandatary who will ask for the postponement or I can write to the Tribunal administratif du logement and ask for the postponement of the case. The reasons for the asked postponement must be indicated. It would be well advised to remit a copy of that letter to the other party.

Except in the case where I have the consent of the other party, the administrative judge must decide if he accepts or rejects the asked postponement.

For more information, see the section:

Preparing for a hearing

The lessor has the right to receive the total amount of the rent. If he receives only a part of it, he can ask for the cancellation of the lease.

For more information, see the section:

Joint tenancy

No. Whatever the time of day, according to circumstances, a lessee cannot make excessive noise.

For more information, see the section:

Noise

The lessor must minimize the damages by trying to rent the dwelling to another person. He may claim the lessee who has abandoned the premises a relocation indemnity to recover the lost rent.

No. A lease is a contract and a contract must be respected.

The lessor must give the lessee a 24 hour notice and make the visit between 9:00 a.m. and 9:00 p.m.

For more information, see the section:

Access to the dwelling and visiting rights

The lessor must pay for the repairs except if he can establish that the lessee is responsible for the problem.

For more information, see the section:

Urgent and necessary repairs

He cannot do so without the authorization of the Tribunal administratif du logement except in the case of a necessary and urgent repair and also in that case the lessee is not able to reach the lessor in order to inform him about the situation.

For more information, see the section:

Urgent and necessary repairs

No. As soon as the second day of the month, the lessor can file an application to recover the rent at the Tribunal administratif du logement.

For more information, see the section:

Paying the rent

If the lessee does not intend to occupy again his dwelling, it is better for him to assign his lease.

For more information, see the section:

Assignment of a lease or subleasing

There is no specific date. The lessor must start to heat the dwellings of the building as soon as the climatic conditions justify it.

For more information, see the section:

Heating problems

The lessor has three years to file the application at the Tribunal administratif du logement.

For more information, see the section:

Paying the rent

So that a dwelling may be occupied by himself or his father, his mother, his son, his daughter or by any other relative of whom he is the main support, an owner must give a written notice to the lessee at least 6 months before the end of the lease, if it is a one year lease.

The lessee has one month to give his answer. If the lessee does not accept by writing, the owner will have to file an Application for repossession of the dwelling at the Tribunal administratif du logement.

For more information, see the section:

Repossessing a dwelling

There are many recourses available to the lessee:

• rent reduction;
• rent deposit;
• authorization of the Tribunal to do himself the repairs;
• resiliation of the lease;
• damages;
• order to force the lessor to make the repairs.

A decision must be rendered by the Tribunal administratif du logement allowing one of these recourses to be applied.

For more information, see sections:

Urgent and necessary repairs
Major work

No, except in the case where the area of the dwelling justifies it.

The lessor must give the lessee a 24 hour verbal notice and undertake the repairs between 7:00 a.m. and 7:00 p.m.

For more information, see sections:

Access to the dwelling and visiting rights
Urgent and necessary repairs

A lessee always has a lease, whether it is written or verbal. If there is no fixed term for the lease, the lessee must give to the lessor a notice of one month before leaving the premises.

There is no fixed rate increase applied by the Tribunal administratif du logement. Each case is treated specifically. The Tribunal takes into account, in calculating the rent variation, the income of the building and the municipal and school taxes, the insurance bills, the energy costs, maintenance and service costs. Also, it sees to apply a return on capital expenditures, if there were such expenditures, and indexes the net income of the building.

In order to calculate precisely the rent variation for a dwelling, see the section:

Calculation for the fixing of rent

A lessor cannot ask for a deposit, whether it is for the keys or for furniture.

If the lease has ended and the lessee notified you, in keeping with the law, that they were not renewing it, the lessee loses their right to remain in the premises and becomes an occupant without right when the lease ends. If it is a periodic lease of unspecified duration and the lessee informed you in the time and manner set out in the law that they did not intend to renew it as of a certain date, the lessee does not have the right to remain in the dwelling after that date. The same is true for a lessee with whom you concluded an agreement with a defined departure date, if that agreement is not upheld. You must, however, be able to prove the existence of such an agreement and ensure that it was concluded in keeping with the law.

If the person refuses to leave the dwelling on the date agreed, you can file an application with the Tribunal administratif du logement to request their expulsion. You will be quickly summoned by the Tribunal to have your application heard. These applications are considered to be urgent.

No. The lease must be respected until the end. However the lessee could try to reach an agreement with the lessor or assign his lease.

For more information, see the section:

Assignment of a lease or subleasing

No. The lessor must obtain the lessee's consent.

For more information, see the section:

Access to the dwelling and visiting rights

No. If the lessee refuses the rent increase, the lessor will have to go at the Tribunal administratif du logement to file an Application to modify the lease. It is a different case if the building was built or transformed five years ago or less.

For more information, see the section:

Renewal of the lease and fixing of rent

Yes, unless there is a clause in the lease that forbids it.

No. There is no delay.