Drafting of the housing lease (rental contract) - Furnished accommodation
Verified 01 août 2023 - Legal and Administrative Information Directorate (Prime Minister)
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, surety).
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 (applicable since 1 August 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 mentions an area more than 5% larger than the actual area of the rental unit, 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:
- the rules on sharing costs (reproduction of Section 5 I of the 1989 Act)
- and the amounts of billing ceilings applicable to the tenant.
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:
- Energy Performance Diagnostic (EDP)
- Lead Risk Assessment (Crep)
- 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
- State of risks (natural, mining, technological, seismic, radon...), if the dwelling is in an affected area
- Noise Diagnosis, if the dwelling is in an affected area
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:
- Information leaflet
- State of the place of entrydone when handing over keys and the state of the places of departure done when returning keys
- Rental Risk Insurance Certificate that the tenant is obliged to subscribe to
- Inventory and detailed furniture report
- Equipment for access to television, Internet (TNT, fiber...)
- If the tenant and the landlord (or real estate agency) have agreed to apply a dilapidated grid, the copy of this dilapidated grid
- If the dwelling is located 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. It also indicates the share assigned to the dwelling for each category of charge.
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:
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.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry in charge of housing and city planning.
Cost: free service
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 16h15
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Departmental Agency for Housing Information (Adil)
Mandatory particulars
Empty dwelling: area difference
Particulars relating to agency costs
Empty or furnished housing: diagnostic folder
Empty or furnished housing: gas diagnosis
Empty or furnished housing: diagnosis electricity
Empty or furnished housing: asbestos diagnosis
Furnished accommodation: furnishing criteria since 1 September 2015
Document template
FAQ
Service-Public.fr
Legifrance
National Institute of Consumer Affairs (INC)