What are the differences between empty and furnished rentals?

Verified 23 March 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Only certain rules are common to the empty residential lease and the furnished residential lease.

To be considered as furnished dwelling, the dwelling must include at least the following:

  • Bedding with duvet or blanket
  • Shutters or curtains in the rooms
  • Cooking plates
  • Microwave oven or oven
  • Refrigerator
  • Freezer or freezer compartment of the refrigerator with a maximum temperature of -6°
  • Sufficient dishes for occupants to eat
  • Kitchen utensils
  • Table
  • Seats
  • Storage shelves
  • Lighting Fixtures
  • Household maintenance equipment adapted to the characteristics of the housing (vacuum cleaner if there is carpet, broom and mop for tiles...).

Consequently, the housing which does not comprise at least these elements is a empty housing.

FYI  

To be considered as decent housing, a dwelling (empty or furnished) must meet certain criteria.

The main differences concern the duration of the lease, the security deposit, the notice (or leave) and taxation:

Tableau - Comparative table of the different types of lease

Empty housing

Furnished accommodation

Residential lease

Mobility lease

Lease Duration

Minimum: 3 years, except special case

Minimum: 1 year

(9 months if the tenant is a student)

Minimum: 1 month

Maximum: 10 months

Attention: only some tenants can sign a mobility lease.

Security deposit

Maximum amount: 1 month's rent (excluding expenses)

Maximum amount: 2 months rent (excluding expenses)

Forbidden

Payment of rental charges

By provisions, with annual adjustment

To the package

Owner's tax

End of lease at the initiative of the tenant

  • At any time
  • Leave to be given with a notice period of one or three months (depending on the municipality)

End of lease at the initiative of the owner

  • At the end of the lease and for 1 of the authorized reasons (return to live, return to sell, or legitimate and serious reason)
  • Leave to be given with a period of notice of at least 6 months.
  • At the end of the lease and for 1 of the authorized reasons (take-over to live, take-over to sell, or legitimate and serious reason).
  • Leave to be given with a period of notice of at least 3 months.
  • When the lease expires.
  • No leave to be given or notice period to be respected

FYI  

The rent of a furnished rented accommodation is higher than the rent of the same empty rented accommodation.

Many rules are identical to empty and furnished housing. These rules concern in particular:

A landlord can opt for other types of rentals. In particular, there are:

  • Furnished accommodation rented out as furnished tourist. In this case, the dwelling is intended for a tenant who uses the dwelling for a short stay, and without making it his home.
  • The empty accommodation rented with the Anah Convention. In this case, the dwelling is intended to become the home of a tenant of modest income.

FYI  

Some accommodation units are subject to the law of 48. In this case, the dwelling follows specific rules at the time of the end of the lease (departure from the 48, owner's notice, tenant's notice).

Who can help me?

Find who can answer your questions in your region

  • Departmental Agency for Housing Information (Adil)

  • Telephone administrative information - Allo Public Service

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