Forbidden clauses in a lease

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.

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.

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: