Notice of lease termination

4 December 2018

Hi all

I am new to this forum.  We've had a lease since 2007 which up until yesterday had run really smoothly for us with prompt payment of rent, rent increases as defined in the lease etc.  But yesterday we received notice that Odalys are terminating the lease after the initial period of 11yrs 9 mnths, i.e. in September of 2019.  Is there anyone else in this forum on this residence?

From next September we will be free of a lease and on hearing all these comments from others I am thinking we are not going to sign a lease with anyone else leaving us with the following options:

- try and sell now at a low price if we can although we noticed a number of properties from the same block available to sell at one of the local agents

- repay the rest of the loan (we are lucky/unlucky to have put enough initial capital that the remaining mortgage is fairly low so we could use our savings to repay the mortgage).  This would mean that we would keep the property, fund the increased maintenance charges if we can by letting via a local agent and or to friends and also use it.

- default on the mortgage and let the bank take the property.  presumably if the value of the property is much higher than the mortgage they would accept that, or is that not necessarily the case?

Any advice out there?

I also contacted my accountant in France that said:

- Odalys may come back to offer another lease at a later point with a reduced price - > has that been the experience of people offered reduced return leases?

- Advised us to get together with other owners of Le Blanchot and find another company to take on a lease but we don't have the local knowledge or contacts to do that.

 

Submitted by Pralo on

Hi

I also have a leaseback at Le Blanchot and have all the same questions you have but don’t know what is the best option.

I will be in Pralognan in December so will try and find out more but I have not had anything from Odalys yet .

David

David Sabatier's picture

Hi, 

In case a management company send a formal notice terminating the lease, the owners will have the option between: self management (quite complicated and not very common), finding a new management company (which is the most comon option), get back the appartment for yourself. 

Please note that terminating the lease at the end of the initial period and not operating the property could have very significant tax impact. In particular, the owner must usually reimburse the VAT on a prorate basis. 

The most usual step plan in this case is 1/ gather the owners, 2/ get in touch with management company with good reputation and choose one 3/ negotiate a new lease. 

To gather the owners, the best way is to get from the syndic de copropriété the list of owners with their names and address. You should then send them a letter requesting their email address. 

Please note that we revert to you in the framework of our partnership between our firm and the the owner of the website frencheleaseback.net. However, this general comment does not constitute a lawyer / client relationship and the firm or the author cannot be held liable for the recommendations made.  

Kind regards, 

David

David Sabatier

1862 Law Office

Hi

 

Obviously things have moved on since December, can i just make sure that you are in the current email conversation between the owners trying to sort out a new tenant?

 

Regards

Keith

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