Prohibited clauses in a residential lease

The following clauses are prohibited:

• The clause that obliges the tenant to sign, in addition to the lease, a contract for the rental of equipment
• The clause that authorizes the owner to reduce or eliminate, without equivalent consideration, the services provided for in the lease.

The landlord should not require the tenant to pay any fees, other than rent and rental charges.

Consequently, the following clauses are prohibited:

• The clause that obliges the tenant to pay the rent by direct debit, or by signature of drafts, or by promissory note
• The clause that provides that the tenant authorizes the landlord to charge or cause to be charged the amount of rent directly from the tenant's salary
• The clause that authorizes the owner to collect fines and penalties in the event of breaches of the terms of the lease or the rules and regulations of the building
• The clause that obliges the tenant to pay fees, for example, from a real estate agency, for the state of the exit, if it is not established by a Commissioner of Justice.
  Careful, in the case of recourse to a commissioner of justice - formerly bailiff and judicial auctioneer - the tenant is liable for half of these costs.
• The clause that obliges the tenant to pay sums, when entering the premises, in addition to the security deposit and rental fees (including real estate agency fees)
• The clause that obliges the tenant to pay a recovery or shipping fee for the rent receipt, or legal costs in addition costs and non-repetitive costs
• The clause that obliges the tenant in advance to reimburse rental repairs based on an estimate made only by the owner

The tenant must subscribe a home insurance contract for housing.

But the clause, which obliges the tenant to take out a home insurance contract with an insurer chosen by the owner, is prohibited.

The tenant is at home in the apartment he occupies. Consequently, the terms, which limit his enjoyment of the dwelling, are prohibited.

This is the case for the following clauses:

• The clause prohibiting the tenant from engaging in political, union, associative or denominational activity
• The clause that prohibits the tenant from housing people who do not usually live with him

The tenant must allow access to the dwelling for the preparation and execution of the works that are the responsibility of the owner.

But when this work (or repairs) lasts more than 21 days, the landlord must grant the tenant a rent reduction proportional to the duration of the work.

Consequently, the clause, which prohibits the tenant from applying for a compensation to the owner when the latter carries out work or repairs for more than 21 days, is prohibited.

The lease must be balanced. The landlord cannot avoid his responsibility or impose on his tenant a systematic responsibility.

Consequently, the following clauses are prohibited:

• The clause providing for the collective liability of tenants in the event of damage to a common element of the building
• The clause that prohibits the tenant from seeking the owner's liability
• The clause that releases the owner from any liability
• The clause which provides that the tenant is automatically liable for the damage found in the dwelling

The clause, which provides that the lease is automatically renewed or renewed (ie or tacitly renewed) for less than 3 years (or less than 6 years where the owner is a legal person), is prohibited.

A clause may require the tenant to allow the owner to visit the dwelling he lives in, when the owner wants to sell it or rent it again.

But the clause, which provides that these visits take place on public holidays or for more than 2 hours working days , is prohibited.

The clause of termination the lease must not allow the landlord to circumvent the regulations in force.

Accordingly, the following termination clauses are prohibited:

• The clause that allows the landlord to terminate the lease for reasons other than non-payment of rent or charges or security deposit, non-subscription of insurance for rental risks, or neighborhood disturbances noted by the judge
• The clause that allows the landlord to obtain the termination of the lease by way of a simple interlocutory that the tenant would not be able to challenge