Form of the lease

The lease must be made in writing in as many copies as there are parties (owner, tenant, surety).

It can take the form of a deed under private signature: titleContent or a authentic act: titleContent.

It must comply with the regulatory lease model

.

Here is an example:

Model lease for empty housing (since August 1, 2015)

National Institute of Consumer Affairs (INC)

Content of the lease

Information on the parties

The lease must specify the following information:

  • Owner’s name and domicile
  • If the accommodation is not managed directly by the owner, name and registered office of the manager
  • Names of tenant (s)
  • Effective date and duration of the lease
Accommodation information

The lease must specify the following information:

  • Housing consistency and its destination: titleContent (residential lease or mixed lease, i.e. residential lease and liberal professional lease)
  • Description of the accommodation (house or apartment, number of rooms) and its equipment for private and common use
  • Nature and amount of work carried out in the accommodation since the last rental contract (or the last renewal)
  • Living space: titleContent housing. If it is not mentioned or is incorrect, the tenant can bring an action for rent reduction.

Answer the successive questions and the answers will be displayed automatically

Absence of surface

If the lease does not mention the living space of the rented accommodation, the tenant can put the owner on notice to do so within 1 month of the date of the lease.

The owner in turn has 1 month to provide this clarification.

If the owner refuses, or if he does not respond within this period, the tenant can apply to the protection litigation judge to obtain a reduction in the rent. The tenant must seize the judge within 3 months from the formal notice of the owner. The judge to be seized is that of the court on which the rented accommodation depends.

Wrong area

If the lease mentions an area more than 5% greater than the actual area of ​​the rented accommodation, the tenant can ask the owner for a reduction in the rent proportional to the difference observed.

The tenant must send a request to the owner by registered mail with acknowledgment of receipt.

The owner must respond within 2 months of receiving this letter.

If no agreement is found or in the absence of a response from the owner, the tenant can refer the matter to the protection litigation judge to fix the rent reduction to be applied. The tenant must refer the matter to the judge within 4 months of sending his request to the owner. The judge to be seized is that of the court on which the rented accommodation depends.

The rent reduction accepted by the owner or decided by the judge applies:

  • if the request was made within 6 months of signing the lease, from the date of signing the lease,
  • if the request was made more than 6 months after the signing of the lease, from the date of the request.
Information on rent, charges and security deposit

Certain information relating to the rent must be included in the lease. This information may vary depending on the location of the accommodation.

General case

  • Amount of the rent and its terms of payment (date and frequency which is generally monthly), as well as its possible revision rules
  • Amount of the last rent applied to the previous tenant (if he left the accommodation for less than 18 months)
  • Terms of payment of charges
  • Amount of the security deposit if provided.

In Paris

Until November 28, 2017

  • Amount of the rent and its terms of payment (date and frequency which is generally monthly), as well as its possible revision rules
  • Amount of the last rent applied to the previous tenant (if he left the accommodation for less than 18 months)
  • Terms of payment of charges
  • Amount of the reference rent and the increased reference rent applicable at the time of signing the lease
  • Amount rent supplement: titleContent
  • Amount of the security deposit if provided.

From November 29, 2017

  • Amount of the rent and its terms of payment (date and frequency which is generally monthly), as well as its possible revision rules
  • Amount of the last rent applied to the previous tenant (if he left the accommodation for less than 18 months)
  • Terms of payment of charges
  • Amount of the security deposit if provided.

In Lille

Until October 17, 2017

  • Amount of the rent and its terms of payment (date and frequency which is generally monthly), as well as its possible revision rules
  • Amount of the last rent applied to the previous tenant (if he left the accommodation for less than 18 months)
  • Terms of payment of charges
  • Amount of the reference rent and the increased reference rent applicable at the time of signing the lease
  • Amount rent supplement: titleContent
  • Amount of the security deposit if provided.

From October 18, 2017

  • Amount of the rent and its terms of payment (date and frequency which is generally monthly), as well as its possible revision rules
  • Amount of the last rent applied to the previous tenant (if he left the accommodation for less than 18 months)
  • Terms of payment of charges
  • Amount of the security deposit if provided.

The tenant has 3 months from the signing of the lease to contest the additional rent before the departmental conciliation commission.

Information on agency fees

If the owner calls on a professional for the rental of the accommodation, the lease must mention:

Other clauses

The tenant and the landlord can agree to include other clauses in the lease. But they should not appear among the list of prohibited clauses. If such a clause appears in the lease, it should not be applied. These include the clauses:

  • imposing direct debit as a method of payment
  • or prohibiting the tenant from accommodating people not usually living with him
  • or providing for the cost of issuing or sending a receipt.

Documents annexed to the lease

The list of documents to be attached depends on the date of the building permit for the collective building of which the accommodation is part.

If the permit was issued after January 1975:

A technical diagnostic file must be appended to the lease. The file includes the following documents:

Other documents must also be appended to the lease:

If the accommodation is located in an unworthy residential area, its rental (renewal and renewal of the lease are not subject to it) may require:

  • obtain from the town hall a prior authorization to be annexed to the lease contract
  • or to file in town hall a declaration against receipt, a copy of which must be given to the tenant.

Contact your town hall to find out if the accommodation to be rented out is affected by this obligation.

If the permit was issued before January 1975:

A technical diagnostic file must be appended to the lease. The file includes the following documents:

In lieu of the condition of the indoor electricity installation, the lessor can provide:

  • a state of the interior installation of electricity carried out for less than 6 years within the framework of the sale of the housing
  • or a certificate of conformity relating to bringing the electrical installation into conformity or making it safe, issued less than 6 years ago by an approved body. If the certificate cannot be provided, the statement from the approved body.

In lieu of the condition of the internal gas installation, the lessor can provide:

Other documents must also be appended to the lease:

If the accommodation is located in an unworthy residential area, its rental (renewal and renewal of the lease are not subject to it) may require:

  • obtain from the town hall a prior authorization to be annexed to the lease contract
  • or to file in town hall a declaration against receipt, a copy of which must be given to the tenant.

Contact your town hall to find out if the accommodation to be rented out is affected by this obligation.

Lease term

The lease must be concluded for a minimum period of:

  • 3 years when the owner is an individual,
  • 6 years when the owner is a legal person (for example a company, an association).

As an exception, the duration may be less than 3 years (or 6 years), but at least 1 year, if the owner plans to return to his home for family or professional reasons. Example: retirement which obliges the owner to take back his accommodation.

The reason for repossession which justifies this shorter duration must imperatively appear in the lease.

The owner must confirm to the tenant, at least 2 months before the end of the lease, that the event has taken place and that he will take over the accommodation on the scheduled date. The owner must send this confirmation by registered letter with acknowledgment of receipt.

When the event has not occurred or has not been confirmed, the lease must continue until the period of 3 years.

Renewal of the lease

At the end of the lease, and in the absence of notice (leave) given by the owner or the tenant, the lease is:

  • either renewed on the owner’s proposal,
  • is automatically renewed.

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