Drafting of the housing lease (rental contract) - Furnished accommodation

Verified 01 août 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

  • This is a furnished rented accommodation
  • Lease signed since July 29, 2023
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Warning: the mobility lease is the subject of specific rules which are not described here.

Form of the lease

The lease must be established 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 a furnished 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
  • Name and address of the manager and his/her registered office if the dwelling is not managed directly by the owner
  • 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
  • Description of the dwelling (house or apartment, number of rooms) and its equipment for private and common use
  • Nature and amount of work carried out in the dwelling since the last rental contract (or renewal)
  • Living area housing. If it is not mentioned or 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 indicates an area greater than the actual surface area of the rented dwelling, and the tenant can prove that the landlord intentionally indicated an erroneous area, 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 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)
  • Arrangements for the recovery of charges (on a flat-rate or real basis)
  • The amount of the lump sum charge, if applicable
  • 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
  • Arrangements for the recovery of charges (on a flat-rate or real basis)
  • The amount of the lump sum charge, if applicable
  • 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
  • Arrangements for the recovery of charges (on a flat-rate or real basis)
  • The amount of the lump sum charge, if applicable
  • 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
  • Arrangements for the recovery of charges (on a flat-rate or real basis)
  • The amount of the lump sum charge, if applicable
  • 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
  • Arrangements for the recovery of charges (on a flat-rate or real basis)
  • The amount of the lump sum charge, if applicable
  • 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
  • Arrangements for the recovery of charges (on a flat-rate or real basis)
  • The amount of the lump sum charge, if applicable
  • 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 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
  • Arrangements for the recovery of charges (on a flat-rate or real basis)
  • The amount of the lump sum charge, if applicable
  • 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 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
  • Arrangements for the recovery of charges (on a flat-rate or real basis)
  • The amount of the lump sum charge, if applicable
  • 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)
Agency Fee Information

If the landlord uses a professional for the rental of the unit, the lease must mention:

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:

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:

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:

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Lease Duration

The term of the lease of a furnished rental is:

  • 1 year
  • or 9 months if the rental is granted to a student.

Renewal of the lease

When the contract is for one year, it is automatically renewed at the end of the contract if the parties do not grant leave.

When the duration of the contract is 9 months, renewal is not possible: the lease ends at the end of its term without the parties being obliged to give leave.

A new lease must then be signed if the parties wish to continue the lease.

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