Lease Agreement in French

Although the law recognizes an oral rental agreement, in the event of a dispute, only the absolute minimum of clauses is accepted by a court. Many expats who rent to a non-French household with a long-term rental do not arrange for a lease to be prepared. It is important that you understand your rights and obligations before signing a lease. The thirteen (13) conditions that any major lease must meet are as follows: Since the conditions of the hereditary building right of the Civil Code are determined by the parties, the conditions of termination or renewal differ. For example, the lease is tacitly renewed for the same duration as the original lease. However, the tenant may inform the owner at any time of his intention to leave the premises, by registered letter with acknowledgment of receipt (AR) or by a judicial officer. The lease must therefore provide for the notice periods, since the contract of the Civil Code is not restricted. A rental agreement without rent ends at the initiative of the owner or tenant after a notice period specified at the beginning. It is customary for the landlord to shorten a period of three months before the expiry of the lease and for the tenant to shorten one month at any time.

In any case, whether the term of the lease is fixed or indefinite, the landlord is not required to justify his termination of the lease. If the tenant decides not to take out insurance, this may result in a breach of contract and the landlord may decide to terminate the lease. The right to construct hereditary civil code is favored in several cases. The main advantage of the lease of the Civil Code is that it leaves a great deal of freedom in determining the duration and principles of the contract. Civil leasing model. Find out how the civil code`s hereditary building right comes into effect for the following real estate transactions: The lease under the Civil Code is pejorative compared to „classic“ leases such as professional leases, commercial leases and residential leases. In general, these are exceptional cases where the use of the property is contrary to its nature. For example, renting a residential property for professional use such as a business apartment. Instead, the entire agreement is made on the basis of an email exchange and/or verbal agreement. In most cases, it works quite satisfactorily. Procedure for termination of the lease by an owner. The inventory is a record of the condition of the property at the beginning of the lease.

Under French law, a leased property is considered to be in good condition at the beginning of the contract, unless proven otherwise. The owner retains extended rights. Thus, the lease of the Civil Code applies to owners who do not want to commit to time. Therefore, the parties freely agree on the duration of the contract. This freedom of contract is particularly important for owners who, for example, have gone abroad themselves and want to find their home when they return; others have invested to accommodate their child when they become students. There are many reasons why the owner of a furnished apartment for long-term rentals wants to keep the freedom to find his property at any time. The parties freely determine the amount of the rent of a rental contract according to civil law. There is no rent control for this type of rental.

You should be interested in these articles dedicated to business rental in Paris: Brexit Expatriates: Rent a furnished apartment in Paris Furnished apartment for business travelers transferred to Paris Executive Housing – Professional rental apartment in Paris Furnished apartment with business rental in Paris Embassies: Choose a furnished apartment in Paris near your embassy. The rental contract under the Civil Code is comparable to residential real estate leases, which comply with Law No. 89-462 of 6 July 1989, which are regulated and less flexible than civil contracts. For example, conventional apartment leases are mandatory for the main residence (where the tenant stays at least eight months a year). The contract of the Civil Code applies in the following cases: the inventory is often drawn up by a judicial officer, but can be drawn up and signed by the owner and the tenant. At the end of the lease, after the tenant has left the apartment, another inventory is needed to make a comparison with the inventory signed at the beginning of the lease. In case of damage, the owner can deduct the cost of this damage from the deposit. The lease contract according to the Civil Code makes it possible to freely determine the duration of the contract: the lessor and the tenant define together a contract. You can choose a fixed or indefinite term when signing the rental agreement. The following clauses are usually found in a civil lease: Leaving the apartment is the result of the termination of the lease, whether made by the tenant or the owner. Regulated by articles 1708 et seq.

of the Civil Code, the hereditary building right of the Civil Code is a so-called „common law“ lease that allows the parties to agree on the terms of the contract. The drafting of the lease contract of the Civil Code is therefore free of charge. The common law describes the rules that apply to all situations that are not governed by specific rules. It is a general law that applies to everyone, unless the law so provides. With regard to the furnished rental contract, the only legal exceptions are unfair terms and penalty clauses. We also note that, according to the Civil Code, the lease is subject to technical and energy expertise under the same conditions as the residential lease, which is subject to the law of 6 July 1989. In summary, the Civil Code is not subject to any specific rules compared to other residential, commercial and commercial leases that benefit from its rules. .