Context:
After much research, you've finally found the apartment that's right for you. All that remains is to sign the lease, in other words, the rental contract.
The lease or rental contract sets the rules that will govern your occupation of the premises, its duration, the terms of payment and those of its termination. They are regulated by the law of July 6, 1989 which indicates your obligations and that of the owner.
By law, it is mandatory to sign a lease if the apartment you are renting is unfurnished. If you rent a furnished apartment, your rental contract will not be governed by the law of July 6 but by a number of provisions of the civil code. Whether you are a tenant or an owner, when you sign a rental contract, the duration of this contract is essential.
Tips:
Know that it is preferable to sign a lease in your interest and that of the owner.
The rules are therefore not the same depending on the apartment you rent, but before delving into the subject; a few tips :
* Read the contract carefully,
* The contract must be drawn up and written, dated and signed by you and the owner,
* Never pay cash and always ask for a dated and detailed receipt for each transaction,
* Take home insurance otherwise your lease will be terminated,
* Always make your formalities by using registered letter and acknowledgment of receipt.
THE UNFURNISHED / BARE LEASE
Renting an unfurnished apartment has advantages, you choose the decor, and disadvantages, you have to move the furniture. There is also the lease to sign. Here is some information on the duration, the conditions of termination of the contract, the rent and the charges.
For unfurnished leases, be aware that the minimum duration is 3 years renewable or 6 if the owner is a corporation. Do you want to leave before? It is possible but you must notify the owner three months before your departure. The owner can also terminate the contract but under certain conditions, mainly in the event of breaches on your part. Cancellation can only be done after two months for unpaid bills, after one month if you have not taken out insurance.
You chose this accommodation for the quality / price ratio but can your rent increase? The answer is yes. It can increase once a year depending on the variation of the average INSEE index of the cost of construction.
Once the rent has been paid, know that the charges remain. There are two categories of expenses, the expenses of routine maintenance of the dwelling and small repairs of the common parts or the collective expenses. They are payable at the end of the year or in advance each month in the form of provisions for charges.
And concerning the works, what about? Are they at your expense? Yes, but only for minor maintenance work. Major work is therefore not your responsibility and do not especially dare to undertake it without the agreement of the lessor.
THE FURNISHED LEASE
You have found accommodation and furnished more, that's great !! All you have to do is put down your boxes and put away. What about the lease? It is not compulsory when you rent a furnished apartment. However, it is strongly recommended.
Le contrat de location meublée d’un logement constituant la résidence principale du locataire est obligatorily concluded for a period of one year, renouvelable ensuite par tacite reconduction et par période de un an. Tout comme pour les locations vides, il n’est pas possible de prévoir une durée différente.
Là encore, cette durée engage le bailleur qui ne peut donner congé en cours de bail, mais seulement à la date anniversaire avec un préavis de trois mois, et en motivant son congé. Notez bien qu’il n’est donc pas possible pour un bailleur en meublé de reprendre son logement en cours de bail, et ce quelle que soit sa situation.
En revanche, le locataire n’est pas lié par cette durée et peut donner congé à tout moment en respectant un délai de préavis de un mois.
In terms of the rent, can it increase? The answer is yes. Be careful, at the end of the rental contract, the owner can increase the rent. During the rental, this is not possible unless it is indicated in the contract, otherwise the amount of the rent must remain the same.
And the works? The landlord must of course provide you with housing in good condition but it is up to you to maintain your apartment and to carry out small works, the big ones are taken care of by the tenant. Know that you also have an obligation to take care of the furniture provided to you.
Have you found something better, are you moving to another city or your studies are ending? You can obviously leave but not without warning the lessor. For furnished leases, the deadlines are not the same as for bare leases. If nothing is written in your contract, the deadline must be equivalent to the end of the rent, that is to say that if you pay your rent every month, you must notify the lessor one month before your departure.