30/10/2024
Question that inspired this post(posted on 30/10/2024):
Requesting advice for my situation with the landlord
I have been staying in this house for a year. The owner has not returned the deposit for any of the previous tenants who left the house. So, I didn’t pay the rent for October and I told her today that, I am leaving the house on 31st October and I asked her to deduct the rent from the deposit (considering the fact that she will anyway not return the deposit).
But now she’s asking me to pay the rent for October and for November as well, stating your notice period is starting today so you owe me the rent for November as well. She’s threatening me that she will report to the Prefecture if I don’t pay her.
Top Answer
"Unfortunately your landlord is right. 1 month's notice is mandatory so you will have to wait for a month from the day the notice was served.
Legally you are required to pay the rent. You cannot ask the landlord to adjust the rent from the deposit. It's only possible if the landlord agrees to this arrangement but the landlord is not bound to accept this.
When you vacate the apartment you should receive a deposit provided the apartment is in good condition. If the landlord refuses to return the deposit then you can take legal help."
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I understand you're in a difficult situation with your landlord regarding your deposit and rent payments. Here's some advice based on French tenancy laws:
Notice period: In France, tenants are typically required to give 1-3 months' notice before leaving, depending on the type of lease. If you didn't provide proper notice, the landlord may have grounds to claim November's rent
Deposit retention: It's illegal for landlords to automatically withhold deposits in France. Deposits must be returned within 1-2 months after the tenant moves out, minus any justified deductions
Withholding rent: While your frustration is understandable, withholding rent is generally not advisable and can put you in breach of contract
Dispute resolution: Before escalating to legal action, you could try mediation through the Commission Départementale de Conciliation, which handles landlord-tenant disputes
Legal assistance: Consult a lawyer specializing in French tenancy law for personalised legal advice. Many law firms in France offer English-speaking services for expatriates
Given the complexity of your situation, I strongly recommend seeking professional legal counsel. A lawyer can review your lease agreement, assess the legality of the landlord's actions regarding previous deposits, and advise you on the best course of action regarding the notice period and rent payments. Remember to gather all relevant documentation, including your lease agreement, rent receipts, and any communication with your landlord. This will be crucial for resolving the dispute, whether through mediation or legal channels if necessary.
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