The lease reaches its end date in the contract, but no one has signed anything or sent any mail. The tenant is still in the property, pays rent as usual, and the landlord has not given any notice. Many landlords then think they are in a legal gray area, or even that they can ask the tenant to leave overnight because "the lease is over." That is a mistake that can be costly: the law has provided for exactly this situation, and it does not favor those who ignore it.
The Answer in 30 Seconds
If neither the landlord nor the tenant has given notice in the forms and time limits required by the loi du 6 juillet 1989, the lease does not end: it continues automatically by tacit renewal. For an unfurnished rental, the lease is renewed for three years if the landlord is an individual, or six years if it is a legal entity. For a furnished rental, the renewal is for one year, under the same conditions as the initial contract. No new lease needs to be signed: it is the same contract that continues, with the same clauses.
Unsure about the drafting of your lease or a renewal clause? Upload your contract on bail.immo to check what applies to your situation.
What the Law Says
The loi du 6 juillet 1989, which governs residential leases (furnished or not, primary residence), provides that at the expiration of the lease, it continues by tacit renewal as long as neither party has interrupted it with proper notice. The landlord must have a legitimate reason (repossession for personal use, sale, serious reason such as non-payment) and respect a six-month notice period before the end date; the tenant, on the other hand, can give notice at any time with a notice period of one or three months depending on the area and type of housing. If neither party takes this step, the law considers that the parties have implicitly chosen to continue.
The duration of the renewal is not symbolic: for unfurnished rentals, it is three years (individual landlord) or six years (corporate landlord), which is the normal duration of a new lease. This is not a simple extension of a few months. For furnished rentals, the renewal is for one year, the standard duration of a furnished lease. The renewed lease retains all the clauses of the initial contract: rent amount (subject to any annual rent review clause), guarantors, permitted use of the property, etc.
Why This Can Be a Problem
On the landlord's side, the most common trap is believing that "the lease is over" automatically gives the right to recover the property or impose new conditions (new rent, new lease to sign, new deposit). This is not the case: as long as no proper notice has been given, the contract continues under the original conditions, and a landlord who wants to recover the property must wait until the end of the renewal period (three or six years) and again respect a six-month notice period with a legitimate reason.
On the tenant's side, the risk is thinking that a lease that has reached its end date without any reaction from the landlord amounts to an implicit end of the tenancy, and leaving without giving proper notice—which can later complicate the return of the security deposit or proof of the move-out date. Tacit renewal protects the tenant (they cannot be evicted without cause or notice), but it does not exempt them from giving proper notice if they want to leave.
Concrete Example
An unfurnished lease signed for three years reaches its end date on June 30. The landlord does nothing, and neither does the tenant: they continue to pay rent normally in July. From July 1, the lease is automatically renewed for three more years (the landlord being an individual), under the same conditions as the initial contract. If the landlord changes their mind in September and wants to recover the property, they cannot do so immediately: they must wait until the end of this new three-year period and respect the legal six-month notice period with a valid reason.
Exceptions
Tacit renewal does not apply to all rental contracts. It is excluded for the bail mobilité (by nature non-renewable, limited to ten months maximum) and for seasonal rentals. A fixed-term lease outside the scope of the 1989 law (e.g., a commercial derogatory lease) follows other rules. Finally, if the lease contains a clause for automatic renewal for shorter periods than what the law provides, that clause is presumed unwritten: the legal duration (three or six years for unfurnished, one year for furnished) applies regardless.
Checklist
- Check the end date of your lease and whether notice has been given by either party.
- If no notice has been given, consider that the lease continues automatically under the same conditions, for the legal renewal duration.
- Landlord: if you want to recover the property, plan ahead—the six-month notice period is calculated from the new end date, not from the date you change your mind.
- Tenant: even in tacit renewal, always give written notice in the proper form if you want to leave, to secure the return of your security deposit.
What You Can Do
If you are a landlord and you discover that your lease has been tacitly renewed while you thought you could recover the property, first check the exact renewal date and the reason for repossession you have: you will need to wait until the next end date. If you are a tenant and you want to leave, send notice by registered mail with return receipt (or hand delivery against receipt, or by bailiff) respecting the notice period applicable to your housing. In both cases, if you have doubts about the renewal or notice clauses in your contract, have your lease analyzed on bail.immo before sending anything.
FAQ
Can the landlord refuse tacit renewal? No, not retroactively: if they did not give notice within the deadlines, the renewal is automatic. They can only give notice for the next end date.
Can the rent increase upon renewal? Only if the initial lease contains an annual rent review clause indexed to the IRL; it cannot be freely renegotiated on this occasion.
Do we need to sign a new lease? No, the initial contract continues to apply without any additional signature being necessary.
Sources
- ANIL — Renewal of the lease, unfurnished rental
- ANIL — Renewal of the lease, furnished rental
- ANIL — Unfurnished rental lease: amount and duration of the contract
Legal Information
The information presented on this page is provided for informational purposes and is based on the texts and sources available at the time of its publication or last update. Legislation, regulations, and case law may evolve at any time. The results and explanations offered by bail.immo do not constitute legal advice and do not replace the opinion of a lawyer or another competent legal professional.