Eviction for Personal Need

Eviction for personal need is the most common ground allowing a landlord or new owner to end residential and roofed workplace leases through litigation.

Landlord’s Need (TCO Article 350)

The landlord may end the lease by court action if it must use the premises as a home or workplace for itself, its spouse, descendants, ascendants or other persons it is legally obliged to support. The same applies where substantial repair, extension or alteration for reconstruction or redevelopment is necessary and use of the premises during the works is impossible.

Deadline: For fixed-term leases, the action must be filed within one month from the end of the term; for indefinite leases, within one month from the date determined according to the termination periods and notice rules under the general provisions.

New Owner’s Need (TCO Article 351)

A person who later acquires the premises and needs them for itself or its relatives may:

• Notify the tenant in writing within one month of acquisition and sue after six months, or
• Sue within one month after the end of the lease term.

Nature of the Need

In Court of Cassation practice, the need must be genuine, sincere and compelling. Temporary or merely possible future needs are not sufficient. For workplace needs, concrete evidence that the landlord or relative will actually operate there is required.

Ban on Re-letting (TCO Article 355)

Premises vacated for personal need may not be let to anyone other than the former tenant for three years without just cause. Breach entitles the former tenant to compensation of no less than one year’s rent paid in the last lease year.

Mediation is mandatory before suit; see Mandatory Mediation. See also Commercial Lease, Ten-Year Extension Period and our article Eviction of the Tenant in Residential and Roofed Workplace Leases.