Real estate rental: documents submitted by the owner

Verified 17 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

You want to know what documents the landlord (or his representative) must give to the tenant during the lease? The list of these documents is different depending on whether the dwelling is rented empty or rented furnished. We present the regulations to you.

Empty housing

There are several types of mandatory documents to be given to the tenant of an empty dwelling.

Warning  

The owner (or his representative), who refuses to draft a lease in accordance with the regulations and to issue a receipt or receipt at the request of the tenant, and who conceals these obligations, may be sentenced:

  • If it is a natural person, until 1 year in prison and €20,000 of fine.
  • If it is a legal person, until €100,000 of fine.

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

It can take the form of a privately signed document or a authentic instrument.

It must contain at least some information.

It must comply with the regulatory lease model.

Here is an example:

Lease model for an empty dwelling (since August 1, 2015)

When signing the lease or renewing the lease, the landlord (or real estate agency) must attach the following documents to the lease:

If the dwelling is located in an area of unworthy habitat, the landlord (or the real estate agency) may be obliged, before letting the accommodation, to obtain in the town hall a prior authorization, or to deposit a statement against receipt. The authorization, or the declaration receipt, must be attached to the lease.

The landlord (or real estate agency) should contact the city hall to find out if the property is affected by this obligation:

Who shall I contact

It must also attach an technical diagnostic file, which includes the following diagnostics:

FYI  

The law requires an asbestos diagnosis. Pending the issuance of the implementing decree, it is recommended that this document be made available to the tenant.

The receipt must detail the amounts paid by the tenant, distinguishing between the rent and charges.

For each rent paid, the landlord (or real estate agency) must send a rent receipt free of charge to the tenant who has requested it. With the agreement of the tenant, the owner (or the real estate agency) can send him the receipt by email.

If the tenant pays only part of the rent, the landlord (or real estate agency) must send him a receipt indicating the amount paid.

Please note

If a clause in the lease indicates that the lessee must pay a fee to the landlord in return for the receipt or its transmission, this clause must be considered unwritten, as it is prohibited.

The landlord (or the real estate agency) must justify the requests for provisions and the annual adjustments by transmitting to the tenant the projected budget and previous results stopped during the previous regularization of charges.

One month before annual regularization, the landlord (or real estate agency) must also inform the tenant of:

  • The statement of charges rental by nature of charges (electricity, hot water, cold water, elevator...)
  • The method of load distribution rentals between accommodation units. And, if necessary, an information note on collective heating and hot water conditions

During the 6 months following the sending of the statement, the landlord (or the real estate agency) must keep all these documents at the disposal of the tenant.

If the tenant requests it, the landlord (or the real estate agency) must send him the housing expense summary, by email or by post.

FYI  

Other documents must be provided periodically, as appropriate:

  • If the building is equipped with a device for the individualization of the removable costs of heating, cooling or domestic hot water, the landlord (or the real estate agency) must transmit every month to the tenant information on his consumption of heat, cold or domestic hot water.
  • If the water supply contract is not individualized, the owner (or the real estate agency) must send the tenant, once a year, the water invoice and the water quality information received from the municipality or theEPCI: titleContent competent.

Furnished accommodation

There are several types of mandatory documents to be given to the tenant of a furnished dwelling.

Warning  

The owner (or his representative), who refuses to draft a lease in accordance with the regulations and to issue a receipt or receipt at the request of the tenant, and who conceals these obligations, may be sentenced:

  • In the case of a natural person, until 1 year in prison and €20,000 of fine.
  • In the case of a legal person, until €100,000 of fine.

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

It can take the form of a privately signed document or a authentic instrument.

It must contain at least some information.

It must comply with the regulatory lease model.

Here is an example:

Lease model for a furnished dwelling (since August 1, 2015)

When signing the lease or renewing the lease, the landlord (or real estate agency) must attach the following documents to the lease:

If the dwelling is located in an area of unworthy habitat, the landlord (or the real estate agency) may be obliged, before letting the accommodation, to obtain in the town hall a prior authorization, or to deposit a statement against receipt. The authorization, or the declaration receipt, must be attached to the lease.

The landlord (or real estate agency) should contact the city hall to find out if the property is affected by this obligation:

Who shall I contact

It must also attach to the lease a technical diagnostic file, which includes the following diagnostics:

FYI  

The law requires an asbestos diagnosis. Pending the issuance of the implementing decree, it is recommended that this document be made available to the tenant.

The receipt must detail the amounts paid by the tenant, distinguishing between the rent and charges.

For each rent paid, the landlord (or real estate agency) must send a rent receipt free of charge to the tenant who has requested it. With the agreement of the tenant, the owner (or the real estate agency) can send him the receipt by email.

If the tenant pays only part of the rent, the landlord (or real estate agency) must send him a receipt indicating the amount paid.

Please note

If a clause in the lease indicates that the lessee must pay a fee to the landlord in return for the receipt or its transmission, this clause must be considered unwritten, as it is prohibited.

The lease may provide for the payment of charges, either to the real, or to the package.

Actual Charges

The landlord (or the real estate agency) must justify the requests for provisions and the annual adjustments by transmitting to the tenant the projected budget and previous results stopped during the previous regularization of charges.

One month before annual regularization, the landlord (or real estate agency) must also inform the tenant of:

  • The statement of charges rental by nature of charges (electricity, hot water, cold water, elevator...)
  • The method of load distribution rentals between accommodation units. And, if necessary, an information note on collective heating and hot water conditions

During the 6 months following the sending of the statement, the landlord (or the real estate agency) must keep all these documents at the disposal of the tenant.

If the tenant requests it, the landlord (or the real estate agency) must send him the housing expense summary, by email or by post.

FYI  

If the building is equipped with a device for the individualization of the removable costs of heating, cooling or domestic hot water, the landlord (or the real estate agency) must transmit every month to the tenant information on his consumption of heat, cold or domestic hot water.

Flat Rate Charges

The amount of the lump sum shall be established on the basis of the list of rental charges.

It must be indicated in the lease.

It must not be disproportionate to the amount of charges applied during the previous lease.

The lump sum payment must not be accompanied by regularization of charges or subsequent complement.

FYI  

The amount of the package can be reviewed each year, according to the rent review rules.

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