Le lien vers cette page a été envoyé avec succès aux destinataires.
Forbidden clauses in a lease
Verified 05 March 2020 - Directorate for Legal and Administrative Information (Prime Minister)
Owner and tenant may agree to the inclusion of certain clauses within the lease agreement. However, certain clauses are prohibited and should be considered as unwritten.. The list of prohibited clauses varies depending on the date of signing of the lease.
What applies to you ?

Veuillez patienter pendant le chargement de la page
Empty housing
The lease is affected if it is:
- a signed lease since on 27 March 2014,
- or a signed lease front on 27 March 2014 and renewed since,
- or a signed lease front 27 March 2014 and tacitly renewed since.
FYI
certain clauses must be included in the lease..
Purpose of the lease
It is prohibited to include in the lease agreement a clause which:
- requires the tenant to subscribe in addition to the lease, a contract for the rental of equipment
- authorizes the owner to reduce or cancel, without equivalent consideration, the services provided for in the lease
Payment by tenant
The landlord may not impose on his tenant a charge in addition to the payment of rent and charges.
It is prohibited to include in the lease agreement a clause which:
- Imposes automatic debit or advance signature of drafts or promissory notes as a method of payment of rent
- Stipulates that the tenant authorizes the landlord to levy or have the rents levied directly on his salary within the transferable limit
- Allows the owner to collect fines and penalties in the event of breaches of the terms of the contract or rules of procedure
- Imposes on the tenant the billing of the state of the places of exit (however, in case of recourse to a bailiff, the tenant is liable for half of the costs)
- Imposes on the tenant the payment, at the time of entry into the premises, of sums of money in addition to those envisaged (deposit of security and remuneration of the persons who intervene to establish a deed of hiring, this is the example of notarial costs)
- Charges the tenant the cost of relaunching or shipping the receipt
- Invokes the tenant in advance to reimburse on the basis of an estimate made only by the landlord for the rental repairs
Home insurance
The tenant has the obligation to subscribe a housing insurance contract..
But a clause requiring the tenant to take out insurance with a company chosen by the owner is prohibited.
Use of the dwelling by the tenant
The tenant is at home in the apartment he occupies. Therefore, certain clauses that limit its enjoyment are prohibited.
This is the case with a clause that:
- prohibits the tenant from engaging in political, trade union, associative or denominational activity
- or which prohibits the tenant from accommodating persons not ordinarily living with him
Jobs or Degradation
The tenant must allow access to his dwelling for the preparation and the realization of the works to the charge of the owner. However, if these repairs or works last more than 21 days, the landlord must grant him a rent reduction proportional to the duration of the works. Consequently, the following clause prohibits the tenant from requesting a compensation to the owner where the owner carries out work lasting more than 21 days is prohibited.
Lease contract must be balanced. The landlord cannot thus exempt himself from his responsibility or impose on his tenant a systematic responsibility.
Accordingly, it is prohibited to:
- provide for the collective responsibility of tenants in the event of a deterioration of a common element of the rented item
- or to prohibit the tenant from seeking the owner's liability or to exempt the owner from any liability
- or to provide that the tenant is automatically responsible for the damage observed in the dwelling
Visit of the accommodation
A clause may require the tenant to let you visit the rented accommodation, for sale or for rehire.
But a clause which provides that these visits take place on public holidays or for more than 2 hours business days is prohibited.
Renewal or renewal of the lease
It is forbidden to include in the lease a clause which provides for the automatic renewal or renewal of the lease for a period of less than 3 years (6 years if the owner is a legal person).
Termination of lease
The owner does not have the right to provide for a termination clause of the lease which would have the effect of circumventing the regulations in force.
Consequently, a clause cannot:
- provide for the termination of the contract for reasons other than the non-payment of rent or charges, the deposit of security, the non-subscription of insurance for rental risks, or the neighborhood disturbance noted by the judge
- or allow the landlord to obtain the termination of the lease by means of a simple interim order that the tenant could not contest
In case of doubt
In case of doubt about the value of a clause, it is possible to inquire (free of charge) with the Adil of your department:
Only the lease signed before March 27, 2014, which has not since been renewed or tacitly renewed, is concerned.
FYI
certain clauses must be included in the lease..
Purpose of the lease
It is forbidden to include in the rental contract a clause which authorizes the owner to diminish or eliminate, without equivalent consideration, the services provided in the rental contract.
Payment by tenant
The landlord may not impose on his tenant a charge in addition to the payment of rent and charges.
It is prohibited to include in the lease agreement a clause which:
- Imposes automatic debit or advance signature of drafts or promissory notes as a method of payment of rent
- Stipulates that the tenant authorizes the landlord to levy or have the rents levied directly on his salary within the transferable limit
- Allows the owner to collect fines in the event of breaches of the terms of the contract or rules of procedure
- Imposes on the tenant the billing of the state of the places of exit (however, in case of recourse to a bailiff, the tenant is liable for half of the costs)
- Imposes on the tenant the payment, at the time of entry into the premises, of sums of money in addition to those envisaged (deposit of security and remuneration of the persons who intervene to establish a deed of hiring, this is the example of notarial costs)
- Charges the tenant the cost of relaunching or shipping the receipt
- Invokes the tenant in advance to reimburse on the basis of an estimate made only by the landlord for the rental repairs
Home insurance
The tenant has the obligation to subscribe a housing insurance contract..
But a clause requiring the tenant to take out insurance with a company chosen by the owner is prohibited.
Use of the dwelling by the tenant
The tenant is at home in the apartment he occupies. Therefore, certain clauses that limit its enjoyment are prohibited.
This is the case with a clause that:
- prohibits the tenant from engaging in political, trade union, associative or denominational activity
- or which prohibits the tenant from accommodating persons not ordinarily living with him
Jobs or Degradation
The tenant must allow access to his dwelling for the preparation and the realization of the works to the charge of the owner. However, if these repairs or works last more than 40 days, the landlord must grant him a rent reduction proportional to the duration of the works. Consequently, the following clause prohibiting the tenant from claiming compensation from the landlord when the landlord performs work of more than 40 days is prohibited.
Lease contract must be balanced. The landlord cannot thus exempt himself from his responsibility or impose on his tenant a systematic responsibility.
Accordingly, it is prohibited to:
- provide for the collective responsibility of tenants in the event of a deterioration of a common element of the rented item
- or to prohibit the tenant from seeking the owner's liability or to exempt the owner from any liability
- or to provide that the tenant is automatically responsible for the damage observed in the dwelling
Visit of the accommodation
A clause may require the tenant to let you visit the rented accommodation, for sale or for rehire.
But a clause which provides that these visits take place on public holidays or for more than 2 hours business days is prohibited.
Renewal or renewal of the lease
It is forbidden to include in the lease a clause which provides for the automatic renewal or renewal of the lease for a period of less than 3 years (6 years if the owner is a legal person).
Termination of lease
The owner does not have the right to provide for a termination clause of the lease which would have the effect of circumventing the regulations in force.
Consequently, a clause cannot:
- provide for the termination of the contract for reasons other than the non-payment of rent or charges, the deposit of security, the non-subscription of insurance for rental risks, or the neighborhood disturbance noted by the judge
- or allow the landlord to obtain the termination of the lease by means of a simple interim order that the tenant could not contest
In case of doubt
In case of doubt about the value of a clause, it is possible to inquire (free of charge) with the Adil of your department:
Furnished accommodation
The lease is affected if it is:
- a signed lease since on 27 March 2014,
- or a signed lease front on 27 March 2014 and renewed since,
- or a signed lease front 27 March 2014 and tacitly renewed since.
FYI
certain clauses must be included in the lease..
Purpose of the lease
It is prohibited to include in the lease agreement a clause which:
- requires the tenant to subscribe in addition to the lease, a contract for the rental of equipment
- authorizes the owner to reduce or cancel, without equivalent consideration, the services provided for in the lease
Payment by tenant
The landlord may not impose on his tenant a charge in addition to the payment of rent and charges.
It is prohibited to include in the lease agreement a clause which:
- Imposes automatic debit or advance signature of drafts or promissory notes as a method of payment of rent
- Stipulates that the tenant authorizes the landlord to levy or have the rents levied directly on his salary within the transferable limit
- Allows the owner to collect fines and penalties in the event of breaches of the terms of the contract or rules of procedure
- Imposes on the tenant the billing of the state of the places of exit (however, in case of recourse to a bailiff, the tenant is liable for half of the costs)
- Imposes on the tenant the payment, at the time of entry into the premises, of sums of money in addition to those envisaged (deposit of security and remuneration of the persons who intervene to establish a deed of hiring, this is the example of notarial costs)
- Charges the tenant the cost of relaunching or shipping the receipt
- Invokes the tenant in advance to reimburse on the basis of an estimate made only by the landlord for the rental repairs
Home insurance
The tenant has the obligation to subscribe a housing insurance contract..
But a clause requiring the tenant to take out insurance with a company chosen by the owner is prohibited.
Use of the dwelling by the tenant
The tenant is at home in the apartment he occupies. Therefore, certain clauses that limit its enjoyment are prohibited.
This is the case with a clause that:
- prohibits the tenant from engaging in political, trade union, associative or denominational activity
- or which prohibits the tenant from accommodating persons not ordinarily living with him
Jobs or Degradation
The tenant must allow access to his dwelling for the preparation and the realization of the works to the charge of the owner. However, if these repairs or works last more than 21 days, the landlord must grant him a rent reduction proportional to the duration of the works. Consequently, the following clause prohibits the tenant from requesting a compensation to the owner where the owner carries out work lasting more than 21 days is prohibited.
Lease contract must be balanced. The landlord cannot thus exempt himself from his responsibility or impose on his tenant a systematic responsibility.
Accordingly, it is prohibited to:
- provide for the collective responsibility of tenants in the event of a deterioration of a common element of the rented item
- or to prohibit the tenant from seeking the owner's liability or to exempt the owner from any liability
- or to provide that the tenant is automatically responsible for the damage observed in the dwelling
Visit of the accommodation
A clause may require the tenant to let you visit the rented accommodation, for sale or for rehire.
But a clause which provides that these visits take place on public holidays or for more than 2 hours business days is prohibited.
Termination of lease
The owner does not have the right to provide for a termination clause of the lease which would have the effect of circumventing the regulations in force.
Consequently, a clause cannot:
- provide for the termination of the contract for reasons other than the non-payment of rent or charges, the deposit of security, the non-subscription of insurance for rental risks, or the neighborhood disturbance noted by the judge
- or allow the landlord to obtain the termination of the lease by means of a simple interim order that the tenant could not contest
In case of doubt
In case of doubt about the value of a clause, it is possible to inquire (free of charge) with the Adil of your department:
Only the lease signed before March 27, 2014, which has not since been renewed or tacitly renewed, is concerned.
FYI
certain clauses must be included in the lease..
Purpose of the lease
It is forbidden to include in the rental contract a clause which authorizes the owner to diminish or eliminate, without equivalent consideration, the services provided in the rental contract.
Payment by tenant
The landlord may not impose on his tenant a charge in addition to the payment of rent and charges.
It is prohibited to include in the lease agreement a clause which:
- Imposes automatic debit or advance signature of drafts or promissory notes as a method of payment of rent
- Stipulates that the tenant authorizes the landlord to levy or have the rents levied directly on his salary within the transferable limit
- Allows the owner to collect fines in the event of breaches of the terms of the contract or rules of procedure
- Imposes on the tenant the billing of the state of the places of exit (however, in case of recourse to a bailiff, the tenant is liable for half of the costs)
- Imposes on the tenant the payment, at the time of entry into the premises, of sums of money in addition to those envisaged (deposit of security and remuneration of the persons who intervene to establish a deed of hiring, this is the example of notarial costs)
- Charges the tenant the cost of relaunching or shipping the receipt
- Invokes the tenant in advance to reimburse on the basis of an estimate made only by the landlord for the rental repairs
Home insurance
The tenant has the obligation to subscribe a housing insurance contract..
But a clause requiring the tenant to take out insurance with a company chosen by the owner is prohibited.
Use of the dwelling by the tenant
The tenant is at home in the apartment he occupies. Therefore, certain clauses that limit its enjoyment are prohibited.
This is the case with a clause that:
- prohibits the tenant from engaging in political, trade union, associative or denominational activity
- or which prohibits the tenant from accommodating persons not ordinarily living with him
Jobs or Degradation
The tenant must allow access to his dwelling for the preparation and the realization of the works to the charge of the owner. However, if these repairs or works last more than 40 days, the landlord must grant him a rent reduction proportional to the duration of the works. Consequently, the following clause prohibiting the tenant from claiming compensation from the landlord when the landlord performs work of more than 40 days is prohibited.
Lease contract must be balanced. The landlord cannot thus exempt himself from his responsibility or impose on his tenant a systematic responsibility.
Accordingly, it is prohibited to:
- provide for the collective responsibility of tenants in the event of a deterioration of a common element of the rented item
- or to prohibit the tenant from seeking the owner's liability or to exempt the owner from any liability
- or to provide that the tenant is automatically responsible for the damage observed in the dwelling
Visit of the accommodation
A clause may require the tenant to let you visit the rented accommodation, for sale or for rehire.
But a clause which provides that these visits take place on public holidays or for more than 2 hours business days is prohibited.
Termination of lease
The owner does not have the right to provide for a termination clause of the lease which would have the effect of circumventing the regulations in force.
Consequently, a clause cannot:
- provide for the termination of the contract for reasons other than the non-payment of rent or charges, the deposit of security, the non-subscription of insurance for rental risks, or the neighborhood disturbance noted by the judge
- or allow the landlord to obtain the termination of the lease by means of a simple interim order that the tenant could not contest
In case of doubt
In case of doubt about the value of a clause, it is possible to inquire (free of charge) with the Adil of your department:
- Act No. 89-462 of 6 July 1989 on rental reports: Article 4List of unfair terms defined by law
- Recommendation n°13-01 of 13 September 2013 of the Commission des clauses abusives relating to furnished leasesList of recommendations of the Commission on Unfair Terms
- Civil Code: Rule 1171Definition of an abusive clause