logonotparent
menu MENU

Renting: the rights of elderly tenants

arrow_back Retour

Elderly tenants benefit from special legislative protection in the event of termination of their tenancy. The main aim of this protection is to prevent elderly tenants from becoming homeless, especially if they are financially vulnerable.

Conditionally protected

When an elderly tenant reaches the age of 65, they benefit from specific protection against non-renewal of their lease, whether they rent empty or furnished accommodation. However, this protection for elderly tenants is not automatic. To be eligible, the tenant must not only have passed the age of 65, but also have annual resources below the ceiling set for the allocation of subsidized rental housing. It is important to note that the resources taken into account for this protection are those received during the 12 months preceding the delivery of the notice. This protection extends to people living under the same roof as the protected tenant, provided they also meet the required conditions.

An offer of alternative accommodation

At the end of the lease on a property occupied by an elderly tenant, the landlord cannot simply give notice. The law requires him to offer a suitable alternative accommodation, thus preserving the rights of the protected tenant. This proposal must meet several criteria. The new accommodation must :

  • be of equivalent size to the original accommodation
  • be financially compatible with the tenant's resources
  • be located within a reasonable distance of the tenant's current place of residence, whether in the same arrondissement, a neighboring commune, the same canton or a neighboring canton. Failing that, it must be located in the same commune or in a neighboring commune less than 5 km away.
The aim of these requirements is to ensure a smooth transition for the protected elderly tenant at the end of their lease, avoiding any abrupt change of living environment. This includes continuity of access to shops, local services and means of transport essential to the tenant's daily life.

Important

If the tenant refuses a relocation proposal that meets the legal conditions, the lessor is deemed to have fulfilled its obligation.

Possible remedies

When a landlord fails to offer accommodation that meets the needs or abilities of an elderly protected tenant, the latter has a number of remedies available to contest the notice and request renewal of the lease. If the protected tenant's notice to vacate is questionable, the following steps can be taken:

  • refer the matter to the Commission Départementale de Conciliation (CDC): this procedure, which is free of charge, offers an opportunity to resolve the conflict amicably between the tenant and the landlord
  • bring the case before the "juge des contentieux de la protection": the judge has the power to cancel the notice if the legal conditions have not been respected by the landlord.

Exception

This protective regime in favor of the tenant does not apply if the lessor :
- is over 65 years of age when the lease expires
- or if his or her annual income, as assessed on the date of notification of the notice to quit, is below the ceilings applied to tenants.
These two conditions are alternative and not cumulative.
Dernière modification le : 2025-04-11