Residential lease: the clauses that count
The owner who rents accommodation for the use of the tenant's main residence must establish a written rental contract in accordance with a standard model set by decree. This contract must include certain mandatory information. It may also include protective clauses relating to the interests of the lessor.
The rental contract must contain the following information: the name of the lessor, the name of the lessee, its effective date and duration, the destination and the living area of the leased property, the designation of the premises and equipment including the tenant has exclusive enjoyment and those for common use, the amount of the rent, its terms of payment and its review rules, the amount and date of payment of the last rent paid by the previous tenant (if he has left the premises since less than 18 months), the nature and amount of work carried out since the end of the last lease or its last renewal, as well as the amount of the security deposit paid by the tenant when entering the premises.
If the lease does not specify the living area of the leased property or does not indicate the last rent paid by the previous tenant, the tenant may, within a period of one month following the start of the rental, give notice to the lessor of '' add this information to the contract. If the lessor does not react, the tenant can take legal action within three months in order to obtain the reduction in the rent.
Good to know: the lessor must append an information notice to the rental contract recalling the rights and obligations of the parties to the contract, as well as the various avenues available for settling disputes. When the leased property is located in a condominium building, the lessor must also append the extracts from the co-ownership regulations concerning the destination of the building, the enjoyment and use of the private and common parts, and the share relating to the property rented in each of the expense categories. Finally, he must give the tenant a certain number of real estate diagnoses to inform him about the qualities and defects of the rented property.
Optional clauses useful to the lessor
The lessor also has an interest in including certain clauses to preserve its interests in the rental contract, even if they are not compulsory. It may, for example, provide for a rent indexation clause, allowing it to revise its amount each year according to the evolution of the Reference Index of Rents (IRL). Without this clause, the amount of the rent cannot be revalued throughout the duration of the lease with the tenant in place.
Note: most standard rental contract models sold in stores and those offered by property managers include a rent indexation clause and a termination clause.
The lessor may also insert a termination clause allowing him to terminate the lease in the event of the lessee's failure to meet certain of his obligations, such as the payment of rent and charges, the purchase of home insurance or the peaceful enjoyment of the leased premises. Thus, if the tenant does not comply with these obligations despite the bailiff's orders he has received, the lease is automatically terminated, which limits the discretion of the judge.
Beware of illegal or abusive clauses
The Law of 6 July 1989 relating to rental relations considers that certain disadvantageous clauses for the tenant are not applicable because they are illegal. This is particularly the case with clauses requiring the tenant to take out insurance with a company designated by the lessor, requiring him to pay the rent by direct debit from his bank account, or exonerating the lessor from all liability. In addition, certain clauses are also inapplicable because they are considered to be abusive. For example, the clause obliging the tenant to take responsibility for repairs incumbent on the lessor or prohibiting him from leaving the premises before a certain rental period is abusive.
VANEAU Immobilier
Tel : 01 48 00 88 75
contact@vaneau.fr
Vous souhaitez vendre - Vous souhaitez acheter - Vous souhaitez estimer