The elderly tenant, protected by the law of July 6, 1989, has had his plan modified time and again. This protection has been reinforced since the ALUR law of 27 March 2014. The law of 6 August 2015 has once again modified the rules. A brief overview of the protection of the elderly tenant, and an update on certain preconceived ideas. 

Before we begin, a brief review of the previous protection regimes:

The law of 6 July 1989 provided that in order to benefit from the protection, the tenant had to be over 70 years of age and have annual resources of less than 1.5 Smic per annum. As for the lessor, he could be exempted from this constraint. This was the case if he was over 60 years of age (regardless of his resources) or if his annual income was less than 1.5 Smic per annum (regardless of his age).
On the other hand, the AUR law of 27 March 2014 provided that for all leases signed on or after March 27, 2014, the owner could no longer oppose the renewal of the contract. Except to propose a replacement dwelling, when the tenant met the two following conditions.
- be over 65 years of age at the date of expiry of the lease;
- to justify annual resources lower than the ceiling of allocation of the agreed rental housing. You will find these ceilings updated by clicking here.
However, this measure did not apply in two cases:
- when the lessor is himself over 65 years old WHAT IS HIS RESOURCE
S - OR if he or she can also justify annual resources below the ceiling for the allocation of rented accommodation under an agreement, whatever his or her age.

And the two protection regimes coexisted.

Since the law of 6 August 2015, everything is simpler: the law of 6 July 1989 has been modified and from now on the protection is the same regardless of the date of conclusion of the contract. 

The landlord cannot oppose the renewal of the lease, except to propose a replacement dwelling (it is not necessarily a dwelling owned by the landlord, moreover) when its tenant meets the following two conditions:

• Be over 65 years of age at the end of the lease OR LIVE with a person over 65 years of age (it is appropriate that this person be a dependant and usually live in the dwelling)
• AND justifying annual resources below the ceiling for social rental loans, says Ceiling Plus).

However, this measure does not apply not in two cases:

• when the lessor is himself over 65 years of age IRRESPECTIVE OF ITS RESOURCES
• OR if he too can justify annual resources below the ceiling, WHEREEEVER his age

As we have seen, the protection of the elderly tenant has been simplified. It concerns only the leave that the landlord wishes to give at the end of the lease.

To answer a question we are frequently asked: There is no protection for the elderly tenant in eviction proceedings. There is therefore obviously no impunity in the event of failure to pay rent. 

To give your tenant a holiday, do not hesitate to call our office by calling us on 01 41 37 65 30 or by sending an e-mail to contact@huissierweb.com.

Finally, in case of non-payment of rent (by an elderly tenant or not), our office is at your disposal.

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