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Real estate rental: documents submitted by the owner
Verified 02 June 2020 - Directorate for Legal and Administrative Information (Prime Minister)
Corresponds to what a building was built for. For example: residential use, professional use or mixed use (residential complex also housing professional premises).
Fraction of the share of the common areas attached to a lot (apartment, commercial premises, parking, cellar...) depending, among other things, on the location and the area of this lot
Additional cases ?
The landlord is required to provide the tenant with a number of documents upon signing the lease and during the lease.
What applies to you ?
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Empty housing
Information documents are to be given to the tenant at the time of the signing of the lease or its renewal.
The list of documents depends on the date of signature or renewal of the lease.
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Since June 2020
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in an area at risk (floods, earthquakes, avalanches, etc.)
- 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 or if the last certificate of conformity is more than 15 years old
- If the housing is located in a noise zone defined by a aerodrome noise exposure plan, a document containing a clear and precise indication of the noise area in which the accommodation is located.
FYI
the technical diagnostic file shall be sent to the tenant by e-mail, unless the tenant or owner objects.
In lieu of the condition of the indoor electricity installation, the lessor may provide:
- a state of indoor electricity installation completed less than 6 years ago as part of the sale of the dwelling
- or a certificate of conformity relating to the conformity or safety of the electrical installation issued less than 6 years ago by an approved body. If the certificate cannot be provided, the declaration of the recognized organization.
In lieu of the condition of the indoor gas installation, the lessor may provide:
- a state of indoor gas installation completed less than 6 years ago in connection with the sale of the dwelling
- or a state of indoor gas installation performed for less than 6 years by a professional certified by an organization accredited by the French Accreditation Committee (Cofrac).
FYI
the asbestos diagnosis is not required to be annexed to the lease, but must be made available to the lessee who so requests.
Other documents must also be attached to the lease:
- Information leaflet
- State of the place of entry established when the keys are handed over, and the state of the places of departure performed when returning keys
- Rental Risk Insurance Certificate which the tenant must subscribe to
- List of equipment for access to information and communication technologies (cable, DTT, fiber...)
- Copy of the Anah Convention if the rented accommodation is contracted
- Copy of the dilapidated grid if the tenant and landlord have agreed to apply one
- If the unit is situated 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 addresses the share relating to the dwelling rented in each of the categories of charges.
If the dwelling is located in an area of unsuitable habitat, its rental (renewal and renewal of the lease are not subject to it) may require:
- to obtain in town hall a prior authorization to be annexed to the lease contract
- or to file in town hall a statement against receipt, a copy of which must be given to the tenant.
Contact your city hall to find out if the property to be rented is covered by this obligation.
Since 2018
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in an area at risk (floods, earthquakes, avalanches, etc.)
- 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 or if the last certificate of conformity is more than 15 years old.
FYI
since november 25, 2018, the technical diagnostic file is sent to the tenant by dematerialized means, unless the tenant or owner explicitly opposes it.
In lieu of the condition of the indoor electricity installation, the lessor may provide:
- a state of indoor electricity installation completed less than 6 years ago as part of the sale of the dwelling
- or a certificate of conformity relating to the conformity or safety of the electrical installation issued less than 6 years ago by an approved body. If the certificate cannot be provided, the declaration of the recognized organization.
In lieu of the condition of the indoor gas installation, the lessor may provide:
- a state of indoor gas installation completed less than 6 years ago in connection with the sale of the dwelling
- or a state of indoor gas installation performed for less than 6 years by a professional certified by an organization accredited by the French Accreditation Committee (Cofrac).
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
- Information leaflet
- State of the place of entry established when the keys are handed over, and the state of the places of departure performed when returning keys
- Rental Risk Insurance Certificate which the tenant must subscribe to
- List of equipment for access to information and communication technologies (cable, DTT, fiber...)
- Copy of the Anah Convention if the rented accommodation is contracted
- Copy of the dilapidated grid if the tenant and landlord have agreed to apply one
- If the unit is situated 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 addresses the share relating to the dwelling rented in each of the categories of charges.
If the dwelling is located in an area of unsuitable habitat, its rental (renewal and renewal of the lease are not subject to it) may require:
- to obtain in town hall a prior authorization to be annexed to the lease contract
- or to file in town hall a statement against receipt, a copy of which must be given to the tenant.
Contact your city hall to find out if the property to be rented is covered by this obligation.
Between July and December 2017
The list of documents to be annexed also depends on the date of the building permit of the collective building of which the dwelling is part.
If the permit was issued after January 1975:
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in a risk area
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
- Information leaflet
- State of the place of entry established when the keys are handed over, and the state of the places of departure performed when returning keys
- Rental Risk Insurance Certificate which the tenant must subscribe to
- List of equipment for access to information and communication technologies (cable, DTT, fiber...)
- Copy of the Anah Convention if the rented accommodation is contracted
- Copy of the dilapidated grid if the tenant and landlord have agreed to apply one
- If the unit is situated 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 addresses the share relating to the dwelling rented in each of the categories of charges.
If the dwelling is located in an area of unsuitable habitat, its rental (renewal and renewal of the lease are not subject to it) may require:
- to obtain in town hall a prior authorization to be annexed to the lease contract
- or to file in town hall a statement against receipt, a copy of which must be given to the tenant.
Contact your city hall to find out if the property to be rented is covered by this obligation.
If the permit was issued before January 1975
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in an area at risk (floods, earthquakes, avalanches, etc.)
- 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 or if the last certificate of conformity is more than 15 years old.
FYI
since november 25, 2018, the technical diagnostic file is sent to the tenant by dematerialized means, unless the tenant or owner explicitly opposes it.
In lieu of the condition of the indoor electricity installation, the lessor may provide:
- a state of indoor electricity installation completed less than 6 years ago as part of the sale of the dwelling
- or a certificate of conformity relating to the conformity or safety of the electrical installation issued less than 6 years ago by an approved body. If the certificate cannot be provided, the declaration of the recognized organization.
In lieu of the condition of the indoor gas installation, the lessor may provide:
- a state of indoor gas installation completed less than 6 years ago in connection with the sale of the dwelling
- or a state of indoor gas installation performed for less than 6 years by a professional certified by an organization accredited by the French Accreditation Committee (Cofrac).
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
- Information leaflet
- State of the place of entry established when the keys are handed over, and the state of the places of departure performed when returning keys
- Rental Risk Insurance Certificate which the tenant must subscribe to
- List of equipment for access to information and communication technologies (cable, DTT, fiber...)
- Copy of the Anah Convention if the rented accommodation is contracted
- Copy of the dilapidated grid if the tenant and landlord have agreed to apply one
- If the unit is situated 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 addresses the share relating to the dwelling rented in each of the categories of charges.
If the dwelling is located in an area of unsuitable habitat, its rental (renewal and renewal of the lease are not subject to it) may require:
- to obtain in town hall a prior authorization to be annexed to the lease contract
- or to file in town hall a statement against receipt, a copy of which must be given to the tenant.
Contact your city hall to find out if the property to be rented is covered by this obligation.
Who shall I contact
Between March and June 2017
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in a risk area
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
- Information leaflet
- State of the place of entry established when the keys are handed over, and the state of the places of departure performed when returning keys
- Rental Risk Insurance Certificate which the tenant must subscribe to
- List of equipment for access to information and communication technologies (cable, DTT, fiber...)
- Copy of the Anah Convention if the rented accommodation is contracted
- Copy of the dilapidated grid if the tenant and landlord have agreed to apply one
- If the unit is situated 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 addresses the share relating to the dwelling rented in each of the categories of charges.
If the dwelling is located in an area of unsuitable habitat, its rental (renewal and renewal of the lease are not subject to it) may require:
- to obtain in town hall a prior authorization to be annexed to the lease contract
- or to file in town hall a statement against receipt, a copy of which must be given to the tenant.
Contact your city hall to find out if the property to be rented is covered by this obligation.
Between June 2016 and February 2017
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in a risk area
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
- Information leaflet
- State of the place of entry established when the keys are handed over, and exit inventory performed when returning keys
- Rental Risk Insurance Certificate which the tenant must subscribe to
- List of equipment for access to information and communication technologies (cable, DTT, fiber...)
- Copy of the Anah Convention if the rented accommodation is contracted
- Copy of the dilapidated grid if the tenant and landlord have agreed to apply one
- If the unit is situated in a condominium, extracted from the co-ownership rules. The excerpt relates to the destination of the building, the use of private and communal areas, and the share relating to the dwelling rented in each of the categories of charges.
Between August 2015 and May 2016
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in a risk area
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
- Information leaflet
- State of the place of entry established when the keys are handed over, and exit inventory performed when returning keys
- Rental Risk Insurance Certificate which the tenant must subscribe to
- List of equipment for access to information and communication technologies (cable, DTT, fiber...)
- Copy of the Anah Convention if the rented accommodation is contracted
- If the unit is situated in a condominium, extracted from the co-ownership rules. The excerpt relates to the destination of the building, the use of private and communal areas, and the share relating to the dwelling rented in each of the categories of charges.
Between 27 March 2014 and 31 July 2015
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in a risk area
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
- State of the place of entry established when the keys are handed over, and exit inventory performed when returning keys
- Rental Risk Insurance Certificate which the tenant must subscribe to
- List of equipment for access to information and communication technologies (cable, DTT, fiber...)
- Copy of the Anah Convention if the rented accommodation is contracted
- If the unit is situated 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, and the share relating to the dwelling rented in each of the categories of charges.
Any clause in the lease that provides for a fee to establish or remit a rent receipt must be considered unwritten.
For each rent paid, the landlord (or his representative) must send a rent receipt free of charge to the tenant who has requested it.
The receipt details the amounts paid by the tenant, distinguishing between the rent and charges.
With the agreement of the tenant, the owner (or his representative) can send the receipt by email.
FYI
if the tenant pays only part of the rent, the landlord must issue a receipt for the amount paid.
The amount of charges recovered by the owner must be justified.
Thus, claims for provisions on expenses, such as annual adjustments, are justified by the communication:
- previous results agreed upon during the previous regularization of charges
- and, in a public building, provisional budget.
One month before the planned annual regularization, the landlord must also provide the tenant with the following information:
- Counting of rental charges by nature of charges (electricity, hot water, cold water, elevator...)
- Method of distribution among tenants if the unit is located in a condominium
- Information note on conditions for collective heating and domestic hot water production
During the 6 months following the sending of the statement, the owner must keep at the disposal of the tenant all the documents justifying the recovery of the charges.
Where the adjustment of charges has not been made before 31 December of the year following the year in which they are due, the lessee may require payment in installments over 12 months.
In the event of a dispute over the amount of rental charges, the departmental conciliation commission may be seized in an attempt to find an amicable solution.
If no solution is found or if the parties do not go to the conciliation board, the court's protection litigation judge on which the dwelling depends has jurisdiction.
Who shall I contact
Warning
the landlord must send the tenant who asks him the summary of the expenses of the accommodation by email or post.
Since 1er january 2018, the owner must contact the leave to sell or live that it delivers to the tenant, the information notice concerning the obligations of the owner and the remedies and compensation of the tenant.
Furnished accommodation
Information documents are to be given to the tenant at the time of the signing of the lease or its renewal.
The list of documents depends on the date of signature or renewal of the lease:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Since June 2020
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in an area at risk (floods, earthquakes, avalanches, etc.)
- 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 or if the last certificate of conformity is more than 15 years old
- If the housing is located in a noise zone defined by a aerodrome noise exposure plan, a document containing a clear and precise indication of the noise area in which the accommodation is located.
FYI
the technical diagnostic file shall be sent to the tenant by e-mail, unless the tenant or owner objects.
In lieu of the condition of the indoor electricity installation, the lessor may provide:
- a state of indoor electricity installation completed less than 6 years ago as part of the sale of the dwelling
- or a certificate of conformity relating to the conformity or safety of the electrical installation issued less than 6 years ago by an approved body. If the certificate cannot be provided, the declaration of the recognized organization.
In lieu of the condition of the indoor gas installation, the lessor may provide:
- a state of indoor gas installation completed less than 6 years ago in connection with the sale of the dwelling
- or a state of indoor gas installation performed for less than 6 years by a professional certified by an organization accredited by the French Accreditation Committee (Cofrac).
FYI
the asbestos diagnosis is not required to be annexed to the lease, but must be made available to the lessee who so requests.
Other documents must also be attached to the lease:
- Information leaflet to the tenant
- State of play established when handing over keys
- Inventory and detailed furniture report
- Copy of the dilapidated grid chosen if the tenant and the landlord have agreed to apply a dilapidated grid
- Extract from co-ownership rules if the dwelling is located in a condominium
Please note
the extract relates to the destination of the building, the enjoyment of the private and communal parts as well as to the share relating to the rented accommodation in each of the categories of charges.
If the dwelling is located in an area of unworthy habitat, its rental (renewal and renewal of the lease are not subject to it) may require (inquire at the city hall):
- obtaining a prior authorization to be annexed to the lease contract
- or the deposit of a statement against receipt, a copy of which must be given to the tenant.
Between January 2018 and May 2020
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in an area at risk (floods, earthquakes, avalanches, etc.)
- 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 or if the last certificate of conformity is more than 15 years old.
FYI
since november 25, 2018, the technical diagnostic file is sent to the tenant by dematerialized means, unless the tenant or owner explicitly opposes it.
In lieu of the condition of the indoor electricity installation, the lessor may provide:
- a state of indoor electricity installation completed less than 6 years ago as part of the sale of the dwelling
- or a certificate of conformity relating to the conformity or safety of the electrical installation issued less than 6 years ago by an approved body. If the certificate cannot be provided, the declaration of the recognized organization.
In lieu of the condition of the indoor gas installation, the lessor may provide:
- a state of indoor gas installation completed less than 6 years ago in connection with the sale of the dwelling
- or a state of indoor gas installation performed for less than 6 years by a professional certified by an organization accredited by the French Accreditation Committee (Cofrac).
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
- Information leaflet to the tenant
- State of play established when handing over keys
- Inventory and detailed furniture report
- Copy of the dilapidated grid chosen if the tenant and the landlord have agreed to apply a dilapidated grid
- Extract from co-ownership rules if the dwelling is located in a condominium
Please note
the extract relates to the destination of the building, the enjoyment of the private and communal parts as well as to the share relating to the rented accommodation in each of the categories of charges.
If the dwelling is located in an area of unworthy habitat, its rental (renewal and renewal of the lease are not subject to it) may require (inquire at the city hall):
- obtaining a prior authorization to be annexed to the lease contract
- or the deposit of a statement against receipt, a copy of which must be given to the tenant.
Between July and December 2017
The list of documents to be annexed also depends on the date of the building permit of the collective building of which the dwelling is part.
If the permit was issued after January 1975:
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in a risk area
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
- Information leaflet to the tenant
- State of play established when handing over keys
- Inventory and detailed furniture report
- Copy of the dilapidated grid chosen if the tenant and the landlord have agreed to apply a dilapidated grid
- Extract from co-ownership rules if the dwelling is located in a condominium
Please note
the extract relates to the destination of the building, the enjoyment of the private and communal parts as well as to the share relating to the rented accommodation in each of the categories of charges.
If the dwelling is located in an area of unworthy habitat, its rental (renewal and renewal of the lease are not subject to it) may require (inquire at the city hall):
- obtaining a prior authorization to be annexed to the lease contract
- or the deposit of a statement against receipt, a copy of which must be given to the tenant.
If the permit was issued before January 1975
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in an area at risk (floods, earthquakes, avalanches, etc.)
- 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 or if the last certificate of conformity is more than 15 years old.
FYI
since november 25, 2018, the technical diagnostic file is sent to the tenant by dematerialized means, unless the tenant or owner explicitly opposes it.
In lieu of the condition of the indoor electricity installation, the lessor may provide:
- a state of indoor electricity installation completed less than 6 years ago as part of the sale of the dwelling
- or a certificate of conformity relating to the conformity or safety of the electrical installation issued less than 6 years ago by an approved body. If the certificate cannot be provided, the declaration of the recognized organization.
In lieu of the condition of the indoor gas installation, the lessor may provide:
- a state of indoor gas installation completed less than 6 years ago in connection with the sale of the dwelling
- or a state of indoor gas installation performed for less than 6 years by a professional certified by an organization accredited by the French Accreditation Committee (Cofrac).
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
- Information leaflet to the tenant
- State of play established when handing over keys
- Inventory and detailed furniture report
- Copy of the dilapidated grid chosen if the tenant and the landlord have agreed to apply a dilapidated grid
- Extract from co-ownership rules if the dwelling is located in a condominium
Please note
the extract relates to the destination of the building, the enjoyment of the private and communal parts as well as to the share relating to the rented accommodation in each of the categories of charges.
If the dwelling is located in an area of unworthy habitat, its rental (renewal and renewal of the lease are not subject to it) may require (inquire at the city hall):
- obtaining a prior authorization to be annexed to the lease contract
- or the deposit of a statement against receipt, a copy of which must be given to the tenant.
Between March and June 2017
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in a risk area
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
- Information leaflet to the tenant
- State of play established when handing over keys
- Inventory and detailed furniture report
- Copy of the dilapidated grid chosen if the tenant and the landlord have agreed to apply a dilapidated grid
- Extract from co-ownership rules if the dwelling is located in a condominium
Please note
the extract relates to the destination of the building, the enjoyment of the private and communal parts as well as to the share relating to the rented accommodation in each of the categories of charges.
If the dwelling is located in an area of unworthy habitat, its rental (renewal and renewal of the lease are not subject to it) may require (inquire at the city hall):
- obtaining a prior authorization to be annexed to the lease contract
- or the deposit of a statement against receipt, a copy of which must be given to the tenant.
Between June 2016 and February 2017
A technical diagnostic package, which includes:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in a risk area
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Other documents must also be attached to the lease:
The lease must be accompanied by the following documents:
- Information leaflet
- State of play established when handing over keys
- Inventory and detailed furniture report
- If the tenant and landlord have agreed to apply a dilapidated grid, a copy of the dilapidated grid chosen
- If the unit is situated in a condominium, extracted from the co-ownership rules. The excerpt relates to the destination of the building, the use of private and communal areas, and the share relating to the dwelling rented in each of the categories of charges.
Between August 2015 and May 2016
The lease must be accompanied by the following documents:
- Information leaflet
- State of play established when handing over keys
- Inventory and detailed furniture report
- If the unit is situated in a condominium, extracted from the co-ownership rules. The excerpt relates to the destination of the building, the use of private and communal areas, and the share relating to the dwelling rented in each of the categories of charges.
A technical diagnostic dossier shall also be attached. It consists of:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in a risk area
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Between 27 March 2014 and 31 July 2015
The owner is required to attach the following documents:
- State of play established when handing over keys
- Inventory and detailed furniture report
A technical diagnostic dossier shall also be attached. It consists of:
- Energy Performance Diagnostic (EDP)
- Lead Exposure Risk Assessment (CREP) if the dwelling dates from before january 1949
- Risk and pollution status if the dwelling is located in a risk area
FYI
the asbestos diagnosis is not required to be attached to the lease, but must be made available to the lessee who requests it.
Any clause in the lease that provides for a fee to establish or remit a rent receipt must be considered unwritten.
For each rent paid, the landlord (or his representative) must send a rent receipt free of charge to the tenant who has requested it.
The receipt details the amounts paid by the tenant, distinguishing between the rent and charges.
With the agreement of the tenant, the owner (or his representative) can send the receipt by email.
The lease may provide for the payment of charges either to the real, or as a package
Payment of charges "to the real"
If the lease provides for the payment of charges to the real (and not the package), the landlord must provide the tenant who requests proof of the expenses he charges him.
Expenses recoverable from the tenant must be listed within the lease.
In practice and to prevent any dispute, it is desirable to refer to the list of rental charges applicable to empty private sector dwellings.
Payment of charges at the flat rate
If the lease provides for a lump sum of charges, its amount shall be determined on the basis of the list of rental charges. This amount must not be manifestly disproportionate to reality.
It can be revised each year under the same conditions as the rent, i.e. according to the annual change in IRL.
The flat-rate system does not allow for further regularizations or additions.
If the lease provides for the recovery of rental charges to the real, the owner who regularizes the charges every year must justify it.
The annual regularization must compare the total provisions paid by tenants with the actual expenses incurred by the landlord during the year.
If the provisions exceed the actual expenses, the landlord must repay the overpayment to the tenant and, if not, ask for a supplement.
The amount of charges recovered by the owner must be justified by the communication:
- previous results agreed upon during the previous regularization of charges,
- of the provisional budget if the dwelling is located in a condominium.
One month before the planned annual regularization, the landlord must also inform the tenant of:
- the calculation of rental charges by nature of charges (electricity, hot water, cold water, elevator, etc.),
- the method of distribution among tenants if the dwelling is situated in a condominium,
- and an information note on the conditions for collective heating and domestic hot water production.
The landlord must keep at the disposal of the tenant all of these pieces for the 6 months following the sending of the statement,
If the adjustment has not been made before 31 December of the year following the year in which it is due, the tenant may require payment in installments over 12 months.
Empty or furnished dwelling: living space, condominium rules, rent (from previous tenant, reference), information notice
Empty or furnished housing: diagnostic folder
Empty or furnished housing: gas diagnosis
Empty or furnished housing: diagnosis electricity
Empty or furnished accommodation: rent receipt
Empty housing: expense documents
Empty housing: energy saving works
Empty or furnished housing: asbestos diagnosis
Empty or furnished accommodation: information notice
Furnished accommodation: payment of charges (real or fixed)
Empty housing: leave to sell or live
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