Unfurnished residential lease (main home)
1.Parties
- 1.1
This contract is made between the undersigned: Landlord, hereinafter "the landlord", represented where applicable by the agent: Landlord's agent, if any;
Say if the landlord is a family company (société civile between relatives up to the fourth degree). It counts as an individual landlord for the 3-year term.
- 1.2
and Tenant or co-tenants, hereinafter "the tenant". The following has been agreed.
Give each landlord's name or company and address or registered office. Mobile and email are optional. For an agent, add activity, card number and guarantor.
- 1.1
2.Purpose of the contract
- 2.1
The purpose of this contract is the letting of the following home. Location: Location of the home. Property tax identifier: Tax identifier (identifiant fiscal). Type of building: Type of building. Ownership regime: Ownership regime. Construction period: Construction period.
Find the identifiant fiscal du logement in the owner's tax account.
- 2.2
Living area: Living area (surface habitable) m². Number of main rooms: Number of main rooms. Other parts of the home: Other parts of the home. Equipment: Equipment. Heating: Heating: individual or collective. Domestic hot water: Hot water: individual or collective.
Use the surface habitable, not the Carrez area. If the real area is more than 1/20 (5%) smaller than stated, the tenant can ask for a proportional rent cut.
- 2.3
Energy performance of the home: class Energy performance class (A to G) of the energy performance certificate. Reminder: in metropolitan France, the minimum performance of a decent home is class F from 1 January 2025, class E from 1 January 2028 and class D from 1 January 2034.
A home rated G cannot be let under a lease signed, renewed or tacitly renewed since 1 January 2025.
- 2.4
Use of the premises: residential use, as the tenant's main residence. Private annexes and equipment: Private annexes. Common premises, parts and equipment: Common parts and services. Access to information and communication technologies: TV and internet access.
For mixed use, write "usage mixte professionnel et d'habitation". Say here if the local plan reserves the sector for main residences.
- 2.1
3.Start date and duration
- 3.1
Start date of the contract: Lease start date. Duration of the contract: Lease duration. Where applicable, event and reason justifying the shorter term: Event justifying a shorter term.
A term shorter than 3 years is allowed only for an individual landlord, for at least 1 year, and only for a precise family or work event.
- 3.2
Without a renewal offer, the contract is tacitly extended at its end for three or six years, depending on the landlord's status, on the same terms. The tenant may end the lease at any time, after giving notice. The landlord may end the lease at its expiry and after giving notice, either to take back the home to live in it personally or for a family member, or to sell it, or for a serious and legitimate reason.
- 3.1
4.Rent
- 4.1
Monthly rent, excluding charges: Monthly rent excluding charges euros.
- 4.2
The rent of the home is subject to the decree that sets each year the maximum change in rent at reletting: Subject to the reletting cap decree. The rent is subject to the capped reference rent set by prefectoral order: Rent subject to a capped reference rent. Reference rent and capped reference rent: Reference rent and capped rent, €/m². Rent supplement: Rent supplement and its justification.
These lines apply in zones tendues and in rent control cities. A rent supplement needs exceptional location or comfort features, and the tenant can contest it.
- 4.3
Last rent paid by the previous tenant, date of payment and date of the last revision: Previous tenant's last rent.
Give the amount, payment date and last revision date. Required if the previous tenant left less than 18 months ago.
- 4.4
The rent will be revised each year on Annual revision date, according to the change in the rent reference index (IRL) published by INSEE, the reference index being that of IRL reference quarter (rent index).
Without this clause the rent cannot be revised during the lease. The rent of a home rated F or G cannot be increased.
- 4.1
5.Recoverable charges
- 5.1
Recoverable charges are paid as monthly provisions with an annual adjustment. Monthly provision: Monthly provision for charges euros.
Only charges on the official decree list can be recovered. The landlord must show the supporting accounts at the annual adjustment.
- 5.1
6.Payment terms
- 6.1
Rent and charges are payable monthly in advance, on day Payment day of the month of each month. Total due at the first payment date for a full rental period: First full period total euros.
The tenant may always ask to pay monthly. The landlord must give a free rent receipt on request.
- 6.1
7.Energy costs
- 7.1
For information, estimated annual energy costs for standard use, according to the energy performance certificate: Estimated annual energy cost (DPE), estimate based on the reference energy prices of Reference year of the DPE energy prices.
- 7.1
8.Works
- 8.1
Amount and type of improvement works, or works to meet the decency standards, carried out since the end of the last lease or the last renewal: Works since the last lease.
- 8.1
9.Guarantees
- 9.1
On signature, the tenant pays the landlord a deposit of Deposit euros, which cannot exceed one month's rent excluding charges. It bears no interest and is not revised.
- 9.2
The deposit is returned within one month of the return of the keys if the exit inventory matches the entry inventory, and within two months otherwise, less any sums still due and duly justified. If it is late, it is increased by 10% of the monthly rent excluding charges for each month or part month of delay.
- 9.1
10.Joint and several liability
- 10.1
Where there are several tenants, they are jointly and severally liable for the obligations of this contract.
If a co-tenant leaves with proper notice and a new co-tenant replaces them, the leaver's liability ends. Otherwise it ends 6 months after the notice expires.
- 10.1
11.Termination clause
- 11.1
The lease is terminated automatically for failure to pay the rent or the charges when due or for failure to pay the deposit. The automatic termination clause takes effect only six weeks after the date of a formal demand to pay that remains unpaid.
A lease signed before loi n° 2023-668 that states 2 months keeps the 2-month period (Cour de cassation, avis of 13 June 2024, n° 24-70.002).
- 11.2
The contract is also terminated automatically for failure to insure against tenant's risks, one month after a formal demand that remains without effect, and for breach of the obligation to use the premises peacefully, resulting from neighbourhood disturbances established by a final court decision.
The tenant must insure the home against tenant's risks and show the certificate each year on request.
- 11.1
12.Letting fees
- 12.1
The fees of persons instructed to show the home to the tenant, prepare the tenant's file, draft the lease and draw up the entry inventory are shared between the landlord and the tenant. The tenant's share cannot exceed the landlord's share or the following regulatory caps: Fee cap for visit, file, lease euros per m² of living area for the viewing, the file and the lease; Fee cap for the entry inventory euros per m² for the entry inventory.
Delete this section if no agent is involved. A decree sets the caps by zone. All other agency fees are for the landlord alone.
- 12.2
Fees payable by the landlord: Landlord's fees in euros, tax included euros including tax. Fees payable by the tenant: Tenant's fees in euros, tax included euros including tax.
- 12.1
13.Other special conditions
- 13.1
Other special conditions
Any clause here must comply with loi 89-462. Clauses listed in its article 4 are void, for example a fixed penalty for late rent.
- 13.1
14.Annexes
- 14.1
The following documents are annexed to the lease: where applicable, an extract of the copropriété rules on the use of the building, the use of private and common parts, and the share of each category of charges for the let lot; the technical diagnostics file including the energy performance certificate, the lead exposure report for buildings built before 1 January 1949, the asbestos statement, the indoor electricity and gas installation report and, where applicable, the risk report; the information notice on tenants' and landlords' rights and obligations; the entry inventory; where applicable, the prior letting authorisation; where applicable, the references to rents usually charged nearby.
- 14.1
15.Signatures
- 15.1
Made at Place of signature, on Date of signature, in as many originals as there are parties. Signature of the landlord or the landlord's agent. Signature of the tenant or tenants.
- 15.1