The "naked" or unfurnished lease
All accommodation rented dwellings are governed by the law of 6 July 1989 (except in the case of subletting).
Here is an overview of the main provisions it contains:
- The lease must be in writing, dated and signed by both parties. It governs the relationship between you and your landlord.
- Its minimum duration is three years renewable or six years if the owner is a company (the dwellings in foyers or cited cities are exempt from this law).
However, you can leave your accommodation during the lease, provided you notify the owner by registered letter with acknowledgment of receipt, at least three months in advance.
- Subletting is prohibited without the written consent of the owner.
If you agree, the rent you will be requesting from your subtenant will not exceed the amount you pay yourself.
Breakdown of the lease before the end of the lease:
The landlord can only break the contract if his tenant does not fulfill his obligations: non-payment of the rent or charges, non-payment of the security deposit, failure to underwrite a home insurance contract.
The resolution can then only apply after two months, after the issuance of a command to pay which has remained ineffective in the first two cases; Within one month in the event of a lack of insurance.
Breakdown of the lease at the end of the lease:
It can only take place for sale or for personal reasons. Indeed, at the end of the lease, the owner can take over the dwelling for his own account, sell it or be able to invoke a "legitimate and serious ground" (in particular the non-performance of your obligations) .
The leave must be notified by registered letter with acknowledgment of receipt six months before the expiry of the lease.
The reason for the takeover must be clearly stated. Failing this, the leave will be considered void.
The rent is fixed in the following cases:
- New housing
- Vacant apartments which have been subjected to work to upgrade or upgrade to the comfort standards provided for by Decree No. 87-149 of 6 March 1987.
- Dwellings that were already up to standard and have been leased for the first time or that have been the object of improvements for at least six months at least equal to one year's previous rent .
In all other cases, the rents are either framed or fixed by reference.
The rent and its accessories (charges and taxes) are payable under the agreed terms and the lessor, if you ask him, must give you a receipt detailing the sums paid.
Increase in rent:
The annual review: the rent review can only take place once a year:
- Either on 1 July, by application of a percentage fixed each year by decree, or on the date agreed by your owner and yourself or, failing that, on the anniversary date, according to the change in the index Average INSEE of the cost of construction.
- In the course of a lease: if the rental agreement so provides, the rent can be indexed to the average INSEE index of the cost of construction. This increase must be notified by the lessor at least one month before the anniversary date of the lease by letter.
- At the time of the renewal: the revision only takes place if the rent is clearly undervalued, in particular in the case of improvement works. In this case, the increase must be announced to you at least six months before the end of the lease, by registered letter with acknowledgment of receipt.
If you refuse, the absence of answer is worth refusal.
If you agree, you have two months to let us know by registered letter with acknowledgment of receipt.
Rental expenses correspond to two categories of expenditure:
- Expenses for routine maintenance of the home and minor repairs to the common areas (lighting, stairwell, elevator, household, garbage ...)
- Collective expenses: collective heating, hot water, etc.
These expenses may be payable at the end of the year or in advance, each month, in the form of provisions for expenses. In this case, the lessor must make an adjustment once a year, so that the sums received correspond to the expenses incurred. The adjustment of expenses can be in your favor if the total of your provisions exceeds that of the actual expenses.
Otherwise, you will have to pay the difference.
The owner is obliged to present the proofs of these expenses on simple request.
Works and repairs:
All servicing and minor repairs are the responsibility of the tenant.
Typical maintenance work includes painting, repairing broken glass, plumbing maintenance, boiler maintenance, chimney sweeping, and so on.
You are required to prevent the premises from deteriorating and losing value through your negligence.
You must also let the work of improvement, maintenance or normal maintenance of the premises decided by the owner.
You must not convert the premises or leased equipment without the lessor's written agreement.
In the event that this is not done, the latter may require the return to the original condition or claim compensation.
For its part, the landlord must assure you of the peaceful enjoyment of the dwelling and guarantee of defects and defects, even if not revealed at the signing of the lease, which could be an obstacle.
He shall maintain the leased premises in a condition to be used for their contractual use, and make all necessary repairs to their maintenance other than those showing the character of the rental expenses.