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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. The provisions contained in the bill are not subject to the regulations applicable to rentals for primary use. But there are a few rules that must be followed in the drafting of the contract. During the stay, the relations between the tenant and the renter are essentially settled in the same way as for residential rentals. There are, however, a few points that are specific to the furnished tourist areas.

Obligation to sign a contract

The reservation of a holiday rental is made by a written rental agreement:

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

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

The contract must be signed in two copies. One copy must be kept by the landlord and another by the tenant.

Content of the contract

Rental period

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

For the same tenant:

  • the duration of the contract may not exceed 90 consecutive days,
  • beyond 90 consecutive days, the contract cannot be renewed.

Signatories

As regards the signatories, the contract must specify:

  • the owner's name (the manager's name and his registered office if the property is not managed directly by the owner)
  • the name of the tenant

Characteristics of the accommodation

As regards housing, the 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). In case of presence of a private swimming pool, the renter must demonstrate that he respects the safety requirements to combat accidental drowning

Occupants of dwelling

As regards the occupants of the dwelling, the contract may mention:

  • the maximum number of occupants allowed,
  • 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 and the security deposit, if any, 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 rental price,
  • 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 landlord can require the tenant to provide him with a certificate of insurance "special liability resort", or 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 owner or the tenant.

If nothing is specified in the contract, the consequences are those provided for by the regulations.

The owner, before the rental of the housing, must carry out several procedures (town hall, taxes, ...). These steps differ depending on whether it rents out:

The landlord must return the security deposit in accordance with what has been agreed in the rental agreement. 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 may be reduced if necessary:

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

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

In matters of insurance, the owner may:

  • Require the tenant to provide him with a certificate of insurance "holiday special civil liability"
  • Or assume responsibility for that insurance, in whole or in part

If the tenant's housing contract does not contain the holiday guarantee, the tenant may:

  • Enter into a specific insurance contract with the insurer of his choice, for the period of rental of the furniture
  • Either subscribe to a rider to his home insurance contract, with this holiday guarantee

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

It must respect the maximum number of persons authorized to occupy the dwelling, if the owner has set this maximum.

Please note

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

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

The reservation may be canceled by the tenant or by the renter for various reasons (e.g. family unforeseen events, accident).

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:

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Cancelation of tenant

  • If the tenant has paid depositWell, he's got to give them up.
  • If the tenant has paid a down payment the landlord 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 tenant is entitled to a refund of the amounts paid.

Renter Cancelation

  • If the owner has received deposit, must return twice as much to the tenant.
  • If the owner has received a down payment, it must reimburse the tenant and compensate him for any non-material damage.

Please note

these rules do not apply in the case of force majeure. The owner is entitled to keep the money received.

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

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