Conditions of the personal occupation notice
The notice for personal occupation is the most common way for an owner to recover their property during a 9-year lease. The conditions are strict:
Substantive conditions:
- The owner or an eligible beneficiary must actually occupy the property
- Occupation must take place within the year following the tenant’s departure
- Occupation must last at least 2 years continuously and effectively
Formal conditions:
- 6 months’ notice (registered letter)
- May be given at any time (not only at the end of a triennium)
- The letter must state the identity of the person who will occupy the property
- The letter must state the family relationship with the owner
What is NOT permitted:
- Occupying the property temporarily then reletting it
- Invoking this ground for a friend or a 4th-degree relative
- Leaving the property vacant after the tenant’s departure
Eligible persons (up to 3rd degree)
| Degree | Persons concerned |
|---|---|
| Themselves | The owner |
| Spouse | Husband/wife or legal cohabitant |
| 1st degree | Parents, children |
| 2nd degree | Grandparents, grandchildren, siblings |
| 3rd degree | Uncles, aunts, nephews, nieces, great-grandparents, great-grandchildren |
Special cases:
- In-laws: eligible (in-laws at 1st degree)
- Brother/sister-in-law: eligible (in-laws at 2nd degree)
- First cousin: NOT eligible (4th degree)
- Ex-spouse: NOT eligible after divorce (alliance bond dissolved)
Co-ownership: if the property belongs to several persons, notice may be given for occupation by one of the co-owners or their relatives.
Step-by-step procedure
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Check the conditions: is the beneficiary within the 3rd degree? Will the property actually be occupied?
-
Draft the notice with the mandatory details:
- Will to end the lease
- Grounds: personal occupation
- Beneficiary’s identity and family relationship
- Notice period (6 months)
- Lease end date
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Send by registered post: keep the receipt
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6-month notice period: the lease continues normally
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Exit inventory: on the last day of the notice period
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Effective occupation: the beneficiary must move in within the year
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Municipal registration: register at the municipality at the property address (proof of occupation)
Penalties for non-occupation
If the property is not actually occupied as stated, the tenant may claim:
Lump-sum compensation: 18 months’ rent
This compensation is due if:
- The property is not occupied within 12 months of the departure
- The property is occupied by a person not named in the notice
- The property is relet instead of being personally occupied
- Occupation lasts less than 2 years without valid reason
Exceptions (no penalty if):
- Exceptional and unforeseeable circumstances (death, serious illness, professional relocation)
- The owner proves that non-occupation was beyond their control
Procedure for the tenant:
- Apply to the justice of the peace within 2 years of the lease ending
- The owner must prove effective occupation (municipal register, utility bills)
Advice for owners: build a file proving actual occupation (official change of address, utility bills, insurance certificate).