To ensure your solvency and seriousness, the owner may ask for the following documents before signing the rental contract: proof of identity, proof of residence, and proof of income and professional status. The list of required documents is fixed by law.
In the same way as for the tenant, the lessor has the right to ask for supporting documents to ensure the solvency of the person who will act as guarantor.
The subscription of a home insurance by the tenant is mandatory for empty and furnished rentals. If you fail to take out insurance, you risk having your lease terminated if there is a clause in the rental agreement. The owner can take out the insurance in your place but also at your expense.
The tenant is free to choose his insurance company, the owner does not have the right to impose it.
The guarantor is a person or an organization that commits in writing to cover the tenant's rental debts in the event that he/she cannot do so. This can be for rent and charges, but also for the cost of repairing the property in case of damage. Be careful, the term "deposit" is often used wrongly in common language to designate the security deposit. This is the amount of money paid to the landlord when entering the accommodation and which is used to cover any damage.
At the signing of the lease, the landlord may require the tenant to pay a security deposit. The amount of the security deposit, its payment and its restitution are regulated by law.
It allows the owner to protect himself against damage or unpaid bills that may be due from the tenant when he leaves the accommodation. It is returned to the tenant at the end of the lease, after deduction of any rental debts.
The amount of the deposit cannot exceed :
For empty rentals: 1 month's rent excluding charges
For furnished apartments: 2 months rent excluding charges.
Absolutely not: the security deposit should not be considered as an advance on the rent. The tenant is obliged to pay the rent until the date of vacating the apartment. If the tenant refuses to pay the rent for the last month, he/she risks receiving a summons to pay.
This is a thorough inspection of the property and its equipment that will be transcribed on an official document. At the end of the rental period, this document allows us to know if the tenant is responsible for any damage and if he can recover his deposit or not. The inventory of fixtures must be done in good conditions, otherwise the document may be falsified. It is therefore better to carry out the inventory of fixtures in broad daylight. Be careful not to forget to check the state of the electrical installations. Remember to turn on the lights in each room.
The rent is to be paid on the date indicated on the lease. In case of difficulties in paying the rent, you must contact the landlord/manager to inform him/her. You must ensure the routine maintenance of the apartment and all repairs to the apartment, as long as they are not the result of dilapidation, poor workmanship, or force majeure.
Routine maintenance includes:
- Cleaning of ventilation grilles
- Maintenance of shower and bathtub seals
- Cleaning of limescale deposits
- Cleaning of equipment provided for in the lease (refrigerator, extractor hood, furniture)
- Garden maintenance (weeding, lawn mowing, watering ...)
You are required to use your home peacefully and in respect of the neighborhood's tranquility.
You are obliged to respect the destination of the premises, i.e. the use of the premises as stipulated in the rental contract. You cannot sublet your apartment without the written agreement of the landlord. If the landlord agrees, the amount of rent cannot exceed that paid by the main tenant.
The tenant has the obligation to grant access to the dwelling if the owner has to carry out work: improvement of the common parts, maintenance and upkeep of the dwelling, improvement of the energy performance
or to bring the dwelling into conformity. The landlord must still inform the tenant by sending him a letter with acknowledgement of receipt.
The tenant has the right to freely adapt the dwelling that he occupies. However, he may not make major alterations without the written consent of the landlord. Otherwise, the landlord may retain the benefit of the alterations without compensating the tenant. The landlord may also require that the premises be restored to their original condition at the tenant's expense.
The tax for the removal of household waste (TOEM) is one of the charges recoverable by the owner. It appears on the property tax notice that property owners receive each year. It is therefore the owner who is liable to the tax authorities for the TEOM.
However, the law allows the lessor to include the tax for the removal of household waste in the recoverable expenses (see this decree). It is therefore included in the rental charges paid by the tenants in addition to their rent.
The landlord cannot enter the dwelling he rents without the explicit agreement of the tenant or without a court decision authorizing him to do so. However, the law provides for some specific cases that oblige the tenant to give the landlord access. By renting his property, the owner transfers the right of exclusive use of the latter to the tenant and does not dispose of it freely anymore.
However, the owner can have a right of visit in certain precise cases, but always with the authorization of the tenant: within the framework of the realization of certain work or to check the state of the good during the lease if a clause is envisaged to this effect in the contract of lease.
As a tenant, you must take care of the subscription process with an energy supplier.
You can choose to keep your energy supplier by transferring the meter before you move in or sign up for a new contract.
The subscription to a new contract will allow you to re-evaluate and adapt the offer to your actual consumption.
To proceed with the change of meter subscriber, the termination of the old contract must have been requested by the previous tenant of the property.
The VISALE guarantee (Visa pour le Logement et l'Emploi) is a rental deposit that can be granted by Action Logement. It is an insurance that you offer to your landlord in case of default in the payment of rent and rental charges for the entire duration of the lease and up to 36 months of unpaid rent.
It is free of charge and its objective is to facilitate your search for housing while insuring the lessor.
It is a temporary rental contract. It was created with the Élan law to give more flexibility to the lessor and facilitate access to housing. It is intended for students or people in professional mobility.
Only furnished accommodations can be offered with this type of lease. These accommodations are equipped so that the tenants can move in immediately. Its duration is between 1 and 10 months and it cannot be renewed or extended. Its duration can be modified only once, by amendment, but the total duration of the contract cannot exceed 10 months.
If you wish to terminate your rental contract, the notice must be sent by registered letter with acknowledgement of receipt, served by a bailiff or delivered by hand against a receipt or a certificate. Please note that the notice period runs from the day of signing the acknowledgement of receipt of the registered letter, of the service of the bailiff's document or of the hand delivery.
You can give notice whenever you wish, provided you respect the notice period. In tense areas, such as Paris, you must give one month's notice for a furnished rental and three months' notice for an empty rental. If you leave the premises before the end of the notice period, you will be required to pay the rent until that date.