When renting a property in France, understanding the rental agreement, referred to as a bail in French, is crucial for tenants. A French rental agreements outlines the rights and obligations of both parties, ensuring transparency and protection throughout the tenancy. Let’s explore the essentials of a French rental agreement, what it must include and the legal requirements.
Table of contents
What is a bail?
A bail (or a rental agreement) is a contract between the landlord (propriétaire) and the tenant (locataire) that details the conditions of the rental, including the obligations of both parties. If the rented property serves as the tenant’s primary residence, the agreement must adhere to specific rules that vary depending on whether the property is rented furnished (meublé) or unfurnished (vide).
Let’s break down these two categories.
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Unfurnished rental agreements (bail pour un logement vide)
An unfurnished rental agreement comes with stricter requirements compared to a furnished one. The contract must be written and provided in as many copies as there are parties involved (landlord, tenant, etc.). The lease will typically last three years, but it can be renewed unless otherwise stated.
Key information in a unfurnished rental agreement:
- Identification of the parties: The agreement should clearly state the name and address of the landlord. If the property is managed by a third party, their details must also be included. The tenant’s name(s) and the start date of the agreement are also mandatory.
- Details about the property: The contract should provide detailed information on the nature and use of the property, whether it’s for residential or mixed use (residential and professional). A description of the accommodation (house or apartment), the number of rooms, and the equipment available must be clearly outlined. The usable living space (surface habitable) must also be mentioned. If the living space is inaccurately stated, the tenant can demand a rent reduction.
- Rent and charges: The rental agreement must specify the monthly rent, payment terms, and frequency. It should also include information on the security deposit, which is typically equal to one month’s rent for unfurnished properties. Moreover, details about the payment of charges, including maintenance or utility costs, must be stated.
- Duration of the lease: For individual landlords, the minimum lease duration for unfurnished rentals is three years. If the landlord is a company or other legal entity, the lease must last for at least six years. However, in cases where the landlord intends to reclaim the property for personal or professional reasons, the lease can be shorter, with a minimum of one year, provided the reason is mentioned in the contract.
- Renewal and termination: Upon reaching the end of the lease, if neither party provides a termination notice (préavis), the agreement will either automatically renew or the landlord can offer to renew it. If the landlord decides to end the lease, they must provide at least six months’ notice, whereas tenants need to give just three months’ notice.
> You might be interested in this article: Renting in France: What you need to know
Furnished rental agreements (bail pour un logement meublé)
Furnished rental agreements offer more flexibility. These contracts are typically for one year, though in cases where the tenant is a student, the duration can be shortened to nine months without the possibility of renewal.
Key information in a furnished rental agreement:
- Identification of the parties: Like unfurnished agreements, the contract must include the names and addresses of the landlord and tenant. If the property is managed by an agency or another representative, their details must also be provided.
- Details about the property: The rental agreement should clearly outline the use of the property and provide a detailed description of the accommodations, including the number of rooms and the furniture provided. Furnished rentals must meet a minimum requirement of amenities, including basic furniture such as beds, tables, chairs, storage, and kitchen appliances.
- Rent and charges: Rent payment frequency, deposit amounts (usually capped at two months’ rent for furnished properties), and the method for covering charges must all be clearly stated. Unlike unfurnished rentals, the charges for furnished properties can be set at a flat rate or based on actual expenses.
- Duration and renewal: The lease duration is usually one year and will automatically renew unless terminated by either party. For student tenants, the contract can be limited to nine months, and in such cases, it will not be renewable.
- Security deposit and agency fees: If the property was rented through an agency, the agreement should include information about shared agency fees between the tenant and the landlord. French law imposes caps on these fees, which should be detailed in the contract.
> You might be interested in this article: Guide to renting a flat in Paris
Can you terminate a rental agreement?
Once a rental agreement is signed, both parties can terminate it, but there are conditions to follow:
- For tenants: Tenants can terminate the lease at any time by giving notice. The standard notice period is three months for unfurnished properties and one month for furnished properties. In cases where the property is deemed uninhabitable, the tenant may end the lease without notice after notifying the landlord and providing evidence of the issue.
- For landlords: Landlords may terminate the lease at its expiry, but they must have a valid reason, such as selling the property, reclaiming it fir personal use, or if the tenant has breached the agreement (not paying rent). In case of a short-term furnished lease (bail mobilité), landlords do not need to provide notice, the lease will end automatically.
Planning to rent in France?
Finding a long-term rental in France can be difficult for foreigner. French landlords have strict requirements, making the search for a long-term renal challenging. Due to tenant protection laws in France, landlords face significant restrictions when it comes to evicting tenants, which means they are extra cautious in selecting renters. They want assurance that you can meet your financial obligations consistently.
At Ibanista, we understand these challenges and are here to help. Our expert team finds the best long-term rentals for you and negotiates directly with landlords, handling all the administrative tasks. We bridge the language barriers and navigate the complexities of the rental process on your behalf, ensuring you secure your new home in France without the usual stress.
Let us make your transition to living in France as smooth as possible.
Final notes
Whether you are a tenant or a landlord, understanding the legal obligations involved in a French rental agreement is key to ensuring a smooth tenancy. Unfurnished and furnished rental agreements come with different rules, but both require clarity on the terms of the contract, including rent, deposit, and the duration of the lease. By knowing your rights and responsibilities under French law, you can avoid potential disputes and ensure that the rental process is a straightforward as possible.
>> Book your FREE long-term rental consultation call with one of our expert.
