Breaking A Lease

[Matthew Abbadon]

Hello.

I have been living in France for the past year but now it is time to return to the UK.

I'm trying to work out how to break my lease.

From what I understand, I must give my rental agency three months

notice. This is a bit of a problem because I am not exactly sure when I

will be going to the UK, I know it must be before September 1st but

apart from that things are a little vague.

The second thing is, when I first rented this property I had to put one

years rent into a secure account, I think it was called a block account

or caution banquinaire. There is a years worth of my money in there and

I want it out, how can I go about this?

Thanks in advance.

Matthew.

[Panda]

Hi

You must give at least 3 months notice and if that means you lose a few weeks as you go earlier then that is how it is I;m afraid.  The landlord will seek a new renter from that date so you need to be prepared to give a firm date.  The caution will be returned less any damage at the very end of the contract, i.e. after the date you give as your leaving date when the full inspection has been carried out.

Panda

[ams]

Normally the caution or deposit is returned two months after the tenant leaves. This represents the maximum time framed afforded to the owner.

 

ams

[ams]

Normally what happens is that you give your three months notice by recorded mail. Once that has been done, then normally 9 months of your guarantee will be unlocked. assuming that you had to pay the normal caution on top of that, then it will be returned to you two months after the lease has ended. You will be required to complete Etat des Lieux, which is essentially a detailed examination of the premises, all damages will be noted and the cost deducted from your deposit. you will be asked to sign the état des lieux and be given a copy. You should go to the local water and EDF branch with the counter readings and counter numbers, and ensure that no additional amounts are charged in your name. The owner will need your new address for sending on the balance of your deposit and will usually give the information to  the tax office for the tax habitation.

 

ams

[Matthew Abbadon]

Thanks for the detailed instructions, they were very helpful.

But why do I have to wait two months to get my money back?

I will be leaving the country and don't want to fly back and forth.

Additionally, I paid twelve months rent as well as a deposit of three months rent, six weeks before the owner had even moved out. It seems like my money is always being held up by someone else, is there a way around this.

Matthew Abbadon.

[chessfou]

[quote]I paid twelve months rent as well as a deposit of three months rent[/quote]

Very odd (and, generally speaking, illegal). Are you renting furnished accomodation (I know the rules for that are/can be very different).

[Matthew Abbadon]

The house was unfurnished when I got here, it has a fitted kitchen but that is built in.

My rent has always been paid through a standing order and they have never had to touch the 12 month secure account, so it just sits there doing nothing.

I did have an odd feeling that I was being fleeced when I first rented here but I was assured that it was all necessary. The bank had never heard of the secure account and there was a big problem with creating the account, but my estate agent (according to my translator) would accept nothing less.

Because I was arranging things from outside France, my translator asked me to sign a limited form of power of attorney so she could handle it, is this normal?

If it is not normal, how big a rip off did I step into?

Matthew.

[ams]

Pretty much standard policy, in fact french regulations. Normally when a tenant leaves it is necessary to repair damages. Quotes have to be obtained and then work carried out. We had a tenant leave at the end of February, the plumber finished yesterday and the painter and placo man will commence next week. On the other hand we also had a tenant leave and after checking the premises we gave back the deposit immediately.

 

Regarding the bank security for 12 months, that essentially is just another form of guarantee that was demanded and accepted by you. We have obtained such a guarantee from a tenant in the past as the income declared by the tenant was not sufficient to meet the french standards, however we were informed that the bank considered her as a quality tenant and were prepared to offer such a guarantee to us.

 

You say you paid over a 3 months deposit, that i find a little strange. at present the deposit is one month and before that two months, that would appear on the surface to need some form of explanation.

 

It has been our experience in the past that the regulations are not always followed in respect of non french tenants. in our own case, we were asked for 4 months deposit and paid it, and also had to wait 2 months to get our deposit back after the lease terminated, even though the agent stated that we returned the house in a better condition to them.

 

If your agent is bonded and reputable, then  I feel that you will have no problems.

 

Have you completed the état des lieux and if so was their any problems that needed  attention. ?

 

ams