Paris & Ile de France Local Reference INFOrmation
In this section:
Leases and Rental Agreements French rental properties can generally be found through real estate agents with letting departments, local classified papers (often available free), you local AngloINFO Classifieds, or word of mouth. Property rental websitesThere are a few France-wide property search websites in English which allow a search for rental apartments and houses (and property for sale too). These are particularly helpful when looking for rental accommodation in the larger cities. Se Loger: website (update daily) with classified advertisements for property sales and rentals, and advice for tenants and homeowners in France. Others: Once an appropriate property has been found there are certain necessary procedures to follow. Leases and Rental AgreementsThe lease agreement or tenancy contract (droit de bail or bail à loyer) stipulates terms and conditions of rental and rental rates and is signed between the landlord or estate agent (on behalf of the lessor) and the lessee. Blank, standard lease agreement forms are available from stationers. The lease agreement must include the following:
Write and sign an inventory and condition report (état des lieux), with the lessor, to accompany the lease agreement. Make a list of fittings, fixtures and their condition and the condition of the property. Building ReportsThe DPE (Diagnostic de Performance Énergétique) is a report which details the amount of energy used by a building. It includes recommendations for improvements. The DPE should accompany any new or renewed lease agreement for a lease period of longer than four months. It is the responsibility of the property owner to have a building examined and to make any obligatory improvements. Landlords of property built before 1 January 1949 must also attach a CREP (Risque d'Exposition au Plomb) report detailing the risk of exposure to lead poisoning within the building. This CREP must accompany any new or renewed lease agreement. The report details the presence, concentration and condition of lead throughout the building surfaces. It is the landlord's responsibility to repair any areas where there is a danger of exposure to degrading lead.
DocumentationOn applying for a lease the applicant will usually be requested to show the following:
DepositFrom February 2008 the amount of the refundable deposit (caution or dépôt de garantie) has been reduced, by law, from two months to a deposit of the value of one month's rent, paid up front on the signing of the lease agreement. In addition, the first month’s rent must be paid at the same time. At the end of tenancy and on the return of the keys, the landlord/agent has up to two months to reimburse the deposit, deducting any money needed for repairs to the property. It is illegal to hold back the last months’ rent in lieu of the deposit. Household Insurance and CertificatesThe tenant is required by law to have a comprehensive household insurance certificate (premium rates depend on the size of the property). Proof of insurance must be shown to the lessor at the signing of the lease and may be requested at lease renewal. The landlord may add a clause to both new and renewed contracts, demanding termination of the contract if the tenant fails to insure the property. The following are covered by household insurance:
In the case of houses with operating fireplaces, the owner is responsible for showing a certificate of safety from a chimney cleaning organisation (a Certificat de Ramonage). This must be renewed annually by the tenant and may be requested by the insurer and owner. Rental IncreasesRent can be raised annually, either to an amount and on a review date agreed in the tenancy contract, or in the absence of this, it can be raised annually on the date of the signing of the contract. Usually, rents are raised annually at a rate based the index of reference of rents (IRL) published quarterly by the National Institute for Statistics and Economic Studies (INSEE). RenewalIf neither the owner nor tenant has given notice for the contact to end when the lease expires, then tacit agreement is made for it to continue (usually for a further one or three years). It may be formally renewed. Landlord and Tenant ObligationsThe French government website, service public, provides comprehensive information for landlords and tenants relevant to:
The TenantThe tenant's obligations are as follows:
Unless agreed in the lease contract a tenant may not:
The LandlordThe primary obligation of a landlord is to rent "decent housing". A definition of decent means that the building will in no way damage the health and safety of a tenant. Factors included are condition of the building, effectiveness of drains and gutters, presence of natural light, effective electricity and mains water supply, ablution facilities and minimum size.
If a landlord is negligent in carrying out essential repairs a tenant may not withhold their rent but may make a legal claim through the magistrates' court. Moving in and Connecting UtilitiesMoving in and Connecting Utilities Electricity (EDF): If the EDF bill is registered to the name of the outgoing tenant, open a new account, by calling the EDF number on the outgoing tenant's bill. Give the name of the outgoing tenant, incoming tenant and the date at which the new tenant takes on residence of the property. EDF will make an appointment to read the meter.
Gas (GDF): If the property is connected to mains gas, follow the same procedure as with EDF. Telephone (France Télécom): Contact France Télécom with the name of the previous tenant and the telephone number associated with the property and identification in order to apply for a transfer of account details. Depending on the move, it may be possible to keep a previous number. TaxesFrench occupiers tax (taxe d'habitation) is paid annually by the occupier of a property on 1 January of the year. It provides for local area services (street cleaning, rubbish removal, lighting and so on). The amount due depends on the size and locality of the property.
Various exemptions can apply including for people over 60 years of age, those who are the guardians of disabled adults and those receiving low income benefits (revenu de Solidarité active, rSa). Information on exemptions is available from the local Mairie (provide proof of age or circumstances and income). Tax and Social SecurityThe French government has provided an online system for changing a French address. All social security and tax details will be updated. Note that a French tax and social security number is needed to use this service:
Terminating the Lease AgreementThe law of tenancy agreements is slightly different for furnished property used as a principal residence to unfurnished property. Giving notice: furnished propertyIf a furnished property is rented out as a principal residence, the written agreement has a term of one year. At the end of that period, the lease is automatically renewed for one year if no other agreements have been put in place. If the lease is with a student, the period is reduced to nine months and not automatically renewed. If the landlord wants to change the terms of the agreement at the end of the year, three months' notice must be given to the tenant. If the tenant accepts the new terms, the contract is renewed for one year. If a landlord does not wish to continue a contract, they must provide three months' notice and a valid reason why they are not extending the agreement, such as the sale of the property or the tenant's failure to fulfill their obligations. A tenant may end a contract at any time giving one month's notice. Unfurnished property: tenant giving noticeUnless otherwise stated in the lease agreement, a tenant who wants to leave unfurnished rental property prior to the end date in the lease agreement must give three months' notice, by registered letter with acknowledgement of receipt (Lettre Recommandée AR) or by letter signed by a bailiff (un huissier). In specific circumstances the notice period can be reduced to one month with the agreement of the landlord:
However, if the landlord does not agree to the early termination and cannot find a new tenant, the occupier is obliged to pay rent up until the final day of notice.
Unfurnished property: landlord giving noticeThe landlord may not quit the agreement until the lease expires unless the tenant has not paid rent or significantly failed in their obligations. In that instance the lease is cancelled and the landlord must notify the tenant by registered letter or with a letter signed by a bailiff.
The landlord must give notice to quit at least six months before the end of the contract, and then only if they want to take occupancy, give occupancy to a family member, or sell the property. In the case of sale, the tenant must be given first right of refusal. Notice must be by registered letter with acknowledgement of receipt (Lettre Recommandée AR) or by letter signed by a bailiff (un huissier). Exceptions to these rules exist for owners of 60 years and over on minimum income. Tenants in France are protected from eviction during winter. A landlord may not evict a tenant from 1 November to 15 March. This is the "trêve hivernale". Inventory on departureAt the time of returning the keys, the original inventory and condition report (état des lieux) is reviewed together by the exiting tenant and owner. The landlord/agent has up to two months to reimburse the deposit, deducting any money needed for repairs to the property. If the departing tenant feels that an unnecessary amount has been deducted, they may request to see the estimates for work done. In the event of a dispute, the matter can be passed to a bailiff. It is illegal to hold back the last months’ rent in lieu of the deposit. Legal guidance, contracts and rightsANIL (Agence National pour l'Information sur le Logement) is a national organisation to to advise landlords (propriétaire) and tenants (locataire) on legal, financial and fiscal matters related to tenancy contracts. The website, in French, details all documents and obligations relevant to a tenancy agreement. Each département of France has a departmental office, ADIL (Agence Départementale pour l'Information sur le Logement), which deals with specifically local matters.
Property Rental Jargon GuideFrench property rental advertisements typically do not state the number and type of rooms (example: sitting room, 3 bed, 2 bath), rather the total number of rooms (excluding kitchen and bathrooms).
Generally "T" denotes rooms of an apartment and "F" those of a house (F).
Related Information
Do you have a suggestion to improve this page? click here... |
myAngloINFO Today Picture perfect |