Holiday rental between private individuals (furnished tourist)

Verified 13 January 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The holiday rental contract can be written. There are a few rules that must be followed in the drafting of the contract. During the stay, the relations between the renter and the client are essentially regulated in the same way as for residential rentals. There are, however, a few points that are specific to the furnished tourist areas.

You're a renter

Before renting the accommodation, you have to make several steps (with the city council, taxes). These steps differ depending on whether the rental accommodation is your domicile (principal residence) or a secondary residence.

Before signing the lease, you must provide the future customer with a written document with the following information:

  • The housing situation in the municipality (distance from shops...)
  • description of the accommodation, including the type of accommodation (house or apartment, number of rooms, etc.), furniture and equipment of the accommodation
  • the price

FYI  

if you are renting out your second home, you must indicate in the description the number of the declaration communicated to you by the city council, and whether you are a professional rental or not.

Principle

The reservation of a holiday rental must be made by a written rental agreement.

The lease must be signed in 2 copies. One copy must be kept by the customer, and another by the landlord (or his representative, for example a real estate agency).

Payment of the rental

As regards the cost of the lease, the contract must specify:

  • the rental price and payment terms (including down payment or deposits, any security deposit and the conditions for its refund). Where the contract is concluded through a trader, the amount of the sums pledged before the lease (combined deposits, advance payments and security deposit) may not exceed 25% the price of the rental.
  • the estimated amount of the tourist tax. When the accommodation is rented through an online booking site, the tourist tax is collected directly by the website and is refunded to the municipality concerned.

Where the contract is concluded through a professional, the contract must also specify the conditions of his remuneration (amount, payment, cost sharing between the lessor and the tenant).

FYI  

You can require the customer to provide you with a certificate of insurance "holiday special civil liability", or you can choose to take over this insurance yourself (in part or in whole).

Cancelation of reservation

The contract may mention the consequences of the cancelation of a reservation, by the renter or by the customer. If nothing is specified in the contract, the consequences are those provided for by the regulations.

Recommended Content

It is recommended to indicate:

  • Name of the renter (his representative and address of his registered office if the dwelling is not managed directly by the owner of the dwelling)
  • Customer Name
  • Address of the accommodation
  • Category of classification (if the furniture is classified)
  • Duration of the rental
  • Customer entry and departure date
  • Maximum number of occupants allowed
  • Presence of an animal accepted or not
  • Description of the places (location, number of rooms, living space...)
  • Furniture
  • Facilities and services (parking, swimming pool...).
    For a swimming pool, the owner must prove that safety rules are respected.
  • Rental price and payment conditions (including any deposit or deposit)
  • Expense Amount
  • Amount of the security deposit, its method and time limit for repayment
  • If the contract is concluded through a professional, the conditions of his remuneration (amount, payment, cost sharing between the owner and the tenant)
  • If the municipality applies a tourist tax, its estimated amount
  • Consequences in case of cancelation of the reservation
  • Insurance required from customer

FYI  

For the same customer, the duration of the contract may not exceed 90 consecutive days per calendar year. After 90 consecutive days, the contract cannot be renewed with this customer.

Security deposit

You can ask the customer to pay you a security deposit

Upon completion of the stay, you will have to return the deposit to the client according to the conditions provided in the rental contract. The refund is generally made at the end of the stay or within the following days.

The amount of the security deposit returned may possibly be reduced:

  • Amounts covering the water, heating and electricity consumption of the tenant, if the rental contract so provides
  • Expenses to cover repairs to be made in the dwelling if damage caused by the tenant has been found. The lessee is entitled to require proof of the expenses requested.

State of play

An inventory must be carried out in the presence of the renter (or his representative) and the customer. It must be as precise as possible.

Insurance

For insurance, you can:

  • Require the customer to provide him with a certificate of insurance "holiday special civil liability"
  • Either you take over this insurance, in part or in whole

FYI  

If the customer's home insurance contract does not contain the holiday guarantee, it may:

  • Enter into a specific insurance contract for the rental period of the furniture
  • Either subscribe to an amendment to his home insurance contract, with holiday guarantee

The customer must use the accommodation peacefully and answer for any damage.

If the rental agreement sets a maximum number for the occupants of the dwelling, the customer must respect this prohibition.

Please note

the renter must keep the accommodation in good condition. All necessary repairs must be carried out as soon as possible.

If the client decides to leave the accommodation early for personal reasons, no partial refund is automatically due by the owner.

The booking can be canceled by the customer or by the renter for various reasons (e.g. family unforeseen events, accident).

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Customer Cancelation

If the contract provides for the consequences of such cancelation, they must be applied.

If the contract does not specify anything, the consequences are as follows:

  • If the customer has paid depositWell, he's got to give them up.
  • If the customer has paid a down payment, he must pay the entire rental (unless the property can be rented).

Please note

These rules do not apply in the case of force majeure. The customer is then entitled to a refund of the sums paid.

Cancelation by the landlord

If the contract provides for the consequences of such cancelation, they must be applied.

If the contract does not specify anything, the consequences are as follows:

  • If the renter has received deposit, he must return twice as much to the tenant. But this rule does not apply in the case of force majeureThe owner is then entitled to keep the sums received.
  • If the owner has received a down payment, it must reimburse the tenant and compensate him for any non-material damage. But this rule does not apply in the case of force majeureThe owner is then entitled to keep the sums received.

You're a customer

Before signing: a description

Before signing the rental contract, the lessor must provide you with a document containing the following information:

  • Contact details or, if applicable, the contact details of its representative (e.g. a real estate agency)
  • The description of the dwelling, including its geographical location
  • The price of the rental

The content of the lease

You can require the landlord to make the reservation of the holiday rental through a written rental agreement.

This lease can be signed:

  • Either from individual to individual
  • Either from individual to professional (for example, through a real estate agency).

The contract may be concluded by simple exchange of postal mail.

The lease must be signed in 2 copies. One copy must be kept by the renter of the dwelling (or his representative) and another by the client.

Content of the contract

Rental period

The contract must specify the effective date and the duration of the lease.

For the same customer, the duration of the contract may not exceed 90 consecutive days. After 90 consecutive days, the contract cannot be renewed with this customer.

Signatories

The contract must contain the following information:

  • The name of the renter (the manager's name and his registered office if the dwelling is not managed directly by the owner of the dwelling)
  • The name of the customer

Characteristics of the accommodation

With regard to housing, the rental contract must specify:

  • Address of the accommodation
  • Category of classification (if the furniture is classified)
  • Livable area
  • Description of the interior layout
  • Inventory of furniture
  • Facilities and services available (for example: garage, parking, children's games...). If a private swimming pool is present, the owner must demonstrate that he respects the safety requirements to combat accidental drowning

Occupants of dwelling

The rental contract may in particular state that there are a number of occupants not to be exceeded and that the presence of any animal in the dwelling is prohibited.

Payment of the rental

As regards the cost of the lease, the contract must specify:

  • the rental price and payment terms (including down payment or deposits, any security deposit and the conditions for its refund). Where the contract is concluded through a trader, the amount of the sums pledged before the lease (combined deposits, advance payments and security deposit) may not exceed 25% the price of the rental.
  • the estimated amount of the tourist tax. When the accommodation is rented through an online booking site, the tourist tax is collected directly by the website and is refunded to the municipality concerned.

Where the contract is concluded through a professional, the contract must also specify the conditions of his remuneration (amount, payment, cost sharing between the lessor and the tenant).

FYI  

The renter may require the customer to provide him with a certificate of insurance "holiday special civil liability", or may choose to assume this insurance himself (in part or in whole).

Cancelation of reservation

The contract may mention the consequences of the cancelation of a reservation, by the renter or by the customer. If nothing is specified in the contract, the consequences are those provided for by the regulations.

The landlord must return the security deposit in accordance with the conditions laid down in the rental contract. The refund is generally made at the end of the stay or within the following days. It must intervene at the latest within 3 months.

The amount of the security deposit returned may possibly be reduced:

  • Amounts covering the water, heating and electricity consumption of the tenant, if the rental contract so provides
  • Expenses to cover repairs to be made in the dwelling if damage caused by the tenant has been found. The lessee is entitled to require proof of the expenses requested.

An inventory must be carried out in the presence of the renter (or his representative) and the customer. It must be as precise as possible.

In the case of insurance, the renter may require you to provide him with a certificate of insurance "holiday special civil liability"

If your home insurance contract does not contain the holiday guarantee, you can:

  • Or conclude a specific insurance contract with the insurer of your choice, for the period of rental of the furniture
  • Either subscribe to a rider to your home insurance contract, with this holiday guarantee

The customer must use the accommodation peacefully and answer for any damage.

If the rental agreement sets a maximum number for the occupants of the dwelling, the customer must respect this prohibition.

Please note

the renter must keep the accommodation in good condition. All necessary repairs must be carried out as soon as possible.

If the client decides to leave the accommodation early for personal reasons, no partial refund is automatically due by the owner.

The booking can be canceled by the customer or by the renter for various reasons (e.g. family unforeseen events, accident).

Répondez aux questions successives et les réponses s’afficheront automatiquement

Customer Cancelation

If the contract provides for the consequences of such cancelation, they must be applied.

If the contract does not specify anything, the consequences are as follows:

  • If the customer has paid depositWell, he's got to give them up.
  • If the customer has paid a down payment, he must pay the entire rental (unless the property can be rented).

Please note

these rules do not apply in the case of force majeure. The customer is then entitled to a refund of the sums paid.

Cancelation by the landlord

If the contract provides for the consequences of such cancelation, they must be applied.

If the contract does not specify anything, the consequences are as follows:

  • If the renter has received deposit, he must return twice as much to the tenant. But this rule does not apply in the case of force majeureThe owner is then entitled to keep the sums received.
  • If the owner has received a down payment, it must reimburse the tenant and compensate him for any non-material damage. But this rule does not apply in the case of force majeureThe owner is then entitled to keep the sums received.

If the dwelling does not conform to the description in the rental contract, the tenant may:

Who can help me?

Find who can answer your questions in your region

  • 0809 540 550 DGCCRF - ResponseConso

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