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Legal advice please - apartment in Monaco

Posted by Zeynep-183200 - Created: 13 years ago
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I would appreciate it if anyone could advise on the following:

We decided to take advantage of the falling rents in Monaco by relocating to another apartment - one with less of a din around it, if at all possible. There is more than a month to go to the anniversary of the contract.

... which is when I thought it would be renewed. The real estate agency's view on the matter seems to be that we should have told them of our intention to move out three months before the contract renewal date. Now that there is less than three months to go, we have to stay in for another year.

He said that he will try to find another tenant, but I am slightly worried that if he can't, he will try telling us we can't leave. Or leave but still pay until he finds a tenant. Or if he finds a tenant for a lower rent than we are paying now (the likely scenario) he could ask us to pay the difference in rent.  

Could someone let me know where we stand legally?

Thanks in advance,

Zeynep

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9 replies (Showing replies: 1 to 9)

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Posted by flowerpot-197745 - 11 years ago

Having lately the same experience I would advise you to start looking yourself for a tenant as the agency isn't going to make alot of efforts as they know you are legally tied for another year and whatever you do at the end of the month you will have to pay the rent. Try posting an ad on angolinfo, I did and I found someone!

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Posted by jackandjill-203710 - 11 years ago

In Monaco the lease counts as is. This is not France and the fact that you may have lost or job etc. is not a valid reason for breaking the lease.

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Posted by PugiGalante-181859 - 11 years ago

how much proof do you need to show that the reason you are moving early is job- related -especially if you are self employed & say, main customers want you to bbe closer & out of MC? Who decides if your reason for moving is acceptible or not?PugiGalante

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Posted by ivi - 13 years ago

Exactly right.  They have a contract with you for a certain price (plus CPI increase presumably).  If they can't get the same price then you are up for the difference.  NB Though they don't even HAVE to get another tenant.  They can just hit you with the current rent if they want to.

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Posted by Zeynep-183200 - 13 years ago

Ivy - Do you know what happens if the replacement tenant gets the place for a lower rent than the actual tenant? I have a funny feeling that they will try to get us to pay the difference in that case...

Zeynep

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Posted by ivi - 13 years ago

In Monaco the rules are different.  You have to give notice three months before expiry of the contract.  If you don't then you are up for another year, unless you find a replacement tenant.   You are not entitled to sub-let, so the tenant has to be approved by the agent and the owner. 

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Posted by Pumuckel - 13 years ago

Am not 100% sure if the same applies to Monaco... but I would be very surprised if it doesn't. What does your contract say exactly in this respect? If nothing in particular is specified, normally the legal notice of 3 months applies... in any case, if you already have found another place or are actively looking for one, any estate agent in Monaco through whom you wish to rent will be delighted to give you legal advice on this - free of charge, of course - since it is in their interest ;-)

 

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Posted by Zeynep-183200 - 13 years ago

Hi Pumuckel,

I rented the appartment unfurnished, and it has an annual contract, not a three-year one (I don't even know if there are three year contracts in Monaco). I have nothing against giving three-month notice, I just don't want to be stuck with it for a full year.

Does what you have said apply to Monaco as well as France, by the way? The rules can be very different...

Thanks,

Zeynep

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Posted by Pumuckel - 13 years ago

Are you renting furnished or unfurnished? Different rules may apply... if you rent unfurnished and you signed a standard 3 year lease (Contrat de Location  - Locaux vacants non meubles) you may give notice at any time but will need to stick to a 3 months notice period, unless you are moving because of work related reasons (e.g. you loose your job, or change your job and are required to move to another town). Such a standard lease will automatically be renewed under the same terms unless the owner decides otherwise in which case s/he will need to give YOU 6 months notice before the end of the current lease. Details can be found on your lease under "Duree initiale du contrat" AND "Conditions Generales, Renouvellement" (sorry, don't have the French accents on my keyboard ;-)

What your agent may have referred to is that your current lease will be automatically renewed, meaning: for another 3 years (if that's what was initially agreed upon. Note: for unfurnished apts this can also be 6 years), so even if you have only one month to go on the current lease, you cannot just move out when the current lease expires but will still need to give the owner 3 months notice... so you may need to agree upon a new lease and still give him/her 3 months notice.

Let me know if you need more info...

 

Pumuckel