Drafting of the housing lease (rental contract) - Empty housing
Verified 01 août 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Form of the lease
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 comply with the regulatory lease model.
Here is an example:
Lease model for an empty dwelling (since August 1, 2015)
Warning
The lease must contain a rescission clause which allows for the termination of the lease when the tenant does not pay the security deposit, or does not pay rent or charges.
Content of the lease
Information on parties
The lease shall specify the following information:
- Owner's name and home
- If the accommodation is not directly managed by the owner, the name and registered office of the manager
- Names of tenant(s)
- Effective date and duration of lease
Information on accommodation
The lease shall specify the following information:
- Consistency of housing and its destination (dwelling lease or mixed lease, i.e. dwelling lease and liberal business lease)
- Description of the dwelling (house or apartment, number of rooms) and its equipment for private and common use
- Nature and amount of work done in the dwelling since the last lease (or renewal)
- Living area housing. If it is not mentioned or if it is incorrect, the tenant can bring an action for rent reduction.
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No surface area
If the lease does not mention the living space of the rented accommodation, the tenant may demand that the owner do so within one month from the date of the lease.
The owner, in turn, has one month to make this clarification.
If the landlord refuses, or if he does not respond within this period, the tenant may refer the case to the protection litigation judge to get a rent reduction. The tenant must apply to the judge within 3 months of the owner's formal notice. The judge to be seised is the judge of the court on which the rented accommodation depends.
Wrong area
If the lease mentions an area more than 5% larger than the actual area of the rental unit, the tenant can ask the landlord for a rent reduction proportional to the difference found.
The tenant must send a request to the landlord by registered mail with notice of receipt.
The owner must reply within 2 months of receiving this letter.
If no agreement is reached or if the landlord does not respond, the tenant may refer the case to the protection litigation judge so that he can determine the rent reduction to be applied. The tenant must apply to the judge within 4 months of sending his application to the landlord. The judge to be seised is the judge of the court on which the rented accommodation depends.
The rent reduction accepted by the landlord or decided by the judge applies to:
- if the request was made within 6 months of the signature of the lease, from the date of signature of the lease,
- if the request was made more than 6 months after the signature of the lease, from the date of the request.
Information on rent, charges and security deposit
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General case
Some information on rent must be included in the lease:
- The amount of rent and its terms of payment (date and frequency, which is usually monthly), as well as any revision rules
- Amount of the last rent applied to the previous tenant (if he has left the accommodation for less than 18 months)
- Terms of payment for charges
- Amount of security deposit if it is planned
- Amount of theoretical expenditure on heating (and the reference year of energy prices used to establish this estimate)
In Paris
Some information related to the rent must be included in the lease:
- The amount of rent and its terms of payment (date and frequency, which is usually monthly), as well as any revision rules
- Amount of the last rent applied to the previous tenant (if he has left the accommodation for less than 18 months)
- Amount of reference rent and increased reference rent
- Amount and justification of rent supplement, if necessary
- Terms of payment for charges
- Amount of security deposit if it is planned
- Amount of theoretical expenditure on heating (and the reference year of energy prices used to establish this estimate)
In Lille, Hellemmes and Lomme
Some information related to the rent must be included in the lease:
- The amount of rent and its terms of payment (date and frequency, which is usually monthly), as well as any revision rules
- Amount of the last rent applied to the previous tenant (if he has left the accommodation for less than 18 months)
- Amount of reference rent and increased reference rent
- Amount and justification of rent supplement, if necessary
- Terms of payment for charges
- Amount of security deposit if it is planned
- Amount of theoretical expenditure on heating (and the reference year of energy prices used to establish this estimate)
On the territory of the Common Plain
Some information related to the rent must be included in the lease:
- The amount of rent and its terms of payment (date and frequency, which is usually monthly), as well as any revision rules
- Amount of the last rent applied to the previous tenant (if he has left the accommodation for less than 18 months)
- Amount of reference rent and increased reference rent
- Amount and justification of rent supplement, if necessary
- Terms of payment for charges
- Amount of security deposit if it is planned
- Amount of theoretical expenditure on heating (and the reference year of energy prices used to establish this estimate)
In Lyon and Villeurbanne
Some information related to the rent must be included in the lease:
- The amount of rent and its terms of payment (date and frequency, which is usually monthly), as well as any revision rules
- Amount of the last rent applied to the previous tenant (if he has left the accommodation for less than 18 months)
- Amount of reference rent and increased reference rent
- Amount and justification of rent supplement, if necessary
- Terms of payment for charges
- Amount of security deposit if it is planned
- Amount of theoretical expenditure on heating (and the reference year of energy prices used to establish this estimate)
On the territory of Est Ensemble
Some information related to the rent must be included in the lease:
- The amount of rent and its terms of payment (date and frequency, which is usually monthly), as well as any revision rules
- Amount of the last rent applied to the previous tenant (if he has left the accommodation for less than 18 months)
- Amount of reference rent and increased reference rent
- Amount and justification of rent supplement, if necessary
- Terms of payment for charges
- Amount of security deposit if it is planned
- Amount of theoretical expenditure on heating (and the reference year of energy prices used to establish this estimate)
In Montpellier
Some information on rent must be included in the lease:
- The amount of rent and its terms of payment (date and frequency, which is usually monthly), as well as any revision rules
- Amount of the last rent applied to the previous tenant (if he has left the accommodation for less than 18 months)
- Amount of reference rent and increased reference rent
- Amount and justification of rent supplement, if necessary
- Terms of payment for charges
- Amount of security deposit if it is planned
- Amount of theoretical expenditure on heating (and the reference year of energy prices used to establish this estimate)
In Bordeaux
Some information on rent must be included in the lease:
- The amount of rent and its terms of payment (date and frequency, which is usually monthly), as well as any revision rules
- Amount of the last rent applied to the previous tenant (if he has left the accommodation for less than 18 months)
- Amount of reference rent and increased reference rent
- Amount and justification of rent supplement, if necessary
- Terms of payment for charges
- Amount of security deposit if it is planned
- Amount of theoretical expenditure on heating (and the reference year of energy prices used to establish this estimate)
Real estate agency fee information
If the landlord uses a professional to rent the accommodation, the lease must include the following information:
- Cost-sharing rules (reproduction of Section 5 I of the 1989 Act)
- Amounts of billing ceilings applicable to the tenant
Other clauses
Reminder
The lease must contain a rescission clause which allows for the termination of the lease when the tenant does not pay the security deposit, or does not pay rent or charges.
The tenant and landlord may agree to include other clauses in the lease. But they should not be included in the list of prohibited clauses. If such a clause is included in the lease, it should not be applied. These include clauses:
- imposing direct debit as a method of payment of rent
- or prohibiting the tenant from housing persons who do not usually live with him
- or providing for the cost of issuing or sending a receipt.
Documents annexed to the lease
A technical diagnostic file must be attached to the lease. The file includes the following documents:
- Energy Performance Diagnostic (EDP) valid
- Lead Risk Assessment (Crep)
- State of indoor electricity installation if the installation is more than 15 years old
- State of indoor gas installation if the installation is more than 15 years old
- State of risks (natural, mining, technological, seismic, radon...), if the dwelling is in an affected area
- Noise Diagnosis, if the dwelling is in an affected area
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 technical diagnostic record must be completed by a certified diagnoser. The landlord (or real estate agency) sends this file to the tenant by email, unless the tenant objects.
Other documents must also be attached to the lease:
- Information leaflet
- State of the place of entry done when handing over keys and the state of the places of departure done when returning keys
- Rental Risk Insurance Certificate that the tenant is obliged to subscribe to
- Equipment for access to television, Internet (TNT, fiber...)
- If the tenant and landlord have agreed to apply dilapidated grid, the copy of this grid
- If the accommodation is agreed with theAnah: titleContent, a copy of the Anah Convention
- If the unit is in a condominium, an extract from the co-ownership rules. The excerpt relates to the destination of the building, the use of private and communal areas. It also indicates the share assigned to the dwelling for each category of charge.
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:
Lease Duration
The lease must be concluded for a minimum period of:
- 3 years where the owner is an individual,
- 6 years when the owner is a legal entity (e.g. a business, an association).
By way of exception, the duration may be less than 3 years (or 6 years), but not less than 1 year, if the owner plans to resume his accommodation for family or business reasons. Example: a retirement that forces the owner to take back his home.
The reason for taking back the shorter term must be included in the lease.
The landlord must confirm to the tenant, at least 2 months before the end of the lease, that the event is completed and that he will resume the accommodation on the scheduled date. The owner must send this confirmation by registered letter with notice of receipt.
Where the event has not occurred or has not been confirmed, the lease must continue until the 3-year period.
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:
- be renewed on a proposal from the owner
- be automatically renewed
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you belong to the ministry in charge of housing and city planning.
- Departmental Agency for Housing Information (Adil)
Mandatory particulars
Empty dwelling: area difference
Particulars relating to agency costs
Empty or furnished housing: diagnostic folder
Empty or furnished housing: gas diagnosis
Empty or furnished housing: diagnosis electricity
Empty or furnished housing: asbestos diagnosis
Furnished accommodation: furnishing criteria since 1 September 2015
FAQ
Service-Public.fr
Legifrance
National Institute of Consumer Affairs (INC)