You rent an unfurnished apartment or house to a tenant who makes it his or her principal residence.
The lease is subject to the law of July 6, 1989, which is mandatory.
The lease contract is concluded in writing, for a duration of :
- - 3 years if the lessor is a private individual or a family SCI,
- - 6 years if the lessor is a legal entity.
The lease includes a certain number of indications and diagnostics are annexed to it(Sheet 10-2: mandatory diagnostics for rental). Since August 1, 2015, it must be drawn up according to a standard model and an information notice is attached.
To know: An inventory of fixtures is carried out when the keys are handed over to the tenant and when they are returned. It is established amicably or, failing that, carried out by a bailiff at the expense of both the landlord and the tenant.
During the term of the lease, the tenant pays the rental charges and carries out the routine maintenance of the property and minor repairs. Non-rental repairs are the responsibility of the lessor.
If the tenant wishes to terminate the lease, he/she must give notice by registered letter or by bailiff and respect a 3-month notice period. This notice is reduced to 1 month in case of :
- - obtaining a first job,
- - loss of employment,
- - a new job following the loss of a job,
- - a transfer,
- - in the tense areas defined by decree,
- - if your state of health, established by medical certificate, justifies a change of residence,
- - if the tenant is a beneficiary of the RSA or the disabled adult allowance,
- - if the tenant is a beneficiary of the RSA or the disabled adult allowance, - if the tenant is a victim of domestic violence or violence against a child, as evidenced by a protection order, or if he or she has been prosecuted or convicted,
- - if the tenant has been awarded public housing.
To benefit from a reduced notice period, the tenant must specify the reason and justify it when sending the notice letter. Otherwise, the notice period applicable to the notice is 3 months.
The landlord can give notice for the end of the lease by giving 6 months' notice. His notice is motivated either by his decision to repossess or sell the dwelling(Sheet 12-2: the tenant's pre-emptive rights), or by a legitimate and serious reason, for example when the tenant does not pay his rent or pays it systematically with delay.
Despite the possibility of giving notice, the lessor is limited by the two protected statuses of certain tenants:
- The tenant aged at least 65 years old at the end of the lease and with low resources. But this status falls if the lessor himself is over 65 at the end of the lease or has low resources.
- The tenant receives, for each day of leave taken, the daily attendance allowance parental, mentioned in article L544-1 of the social security code, in the event that the tenant assumes the responsibility of a child suffering from an illness, a handicap or the victim of an accident from a private seriousness making a sustained presence and restrictive care essential. This also applies to tenants who are public officials benefiting from parental presence leave. The tenant must also prove annual resources below a ceiling of resources in force for the allocation of approved rental housing fixed by order of the Ministry responsible for housing, as for the elderly tenant who benefits from a protected status.
In the event of protective status, the lessor who issues leave is required to offer alternative accommodation corresponding to the needs and possibilities of the protected tenant, within the geographical limits provided for in Article 13 of the law . n°48-1360 of September 1, 1948. Failing this, it will not be possible to issue a notice and the lease will be renewed.