The lease in France

The bail non meublé (unfurnished lease) lasts three years for an individual landlord (and six years for a legal person) renewable automatically, and the bail meublé one year renewable (and nine months for students without automatic renewal), and the bail mobilité for professional and study mobility from one month to ten months without a deposit or renewal.

• The contract must include: the names of the parties and the home's address, its area (loi Carrez in shared buildings) and description, the rent and its payment date, the annual review terms via the IRL (rent reference index), the charges (by breakdown or fixed), the deposit, the attached diagnostics (DPE and others), and the inventory (état des lieux).
• Also attach the notice d'information and the guarantee deed.
• Read the whole contract before signing, and ask for a translation or ADIL's help if you do not understand a term.
• It may not require payment only by direct debit, nor abusive penalties.

The security deposit (dépôt de garantie) may not exceed one month's rent without charges for an unfurnished lease, and two months for furnished, and no deposit in the bail mobilité.

• It is deposited with the landlord on signing and carries no interest.
• It is returned within one month of handing over the keys if the exit inventory matches the entry inventory, and within two months if differences exist, and the actual damages, late rent and the share of charges may be deducted (with justifications and invoices).
• If the landlord delays he owes interest of 10 percent of the rent for each month of delay.
• The charges are paid for services (communal heating, hot water, lift and cleaning), and settled yearly after proof by invoices.
• As for insurance: assurance habitation is compulsory for the tenant and its proof is provided to the landlord yearly.
• And he may not demand a double guarantee (a deposit and a personal guarantee to a guarantee agency).

The landlord must hand over a décent home, that is suitable: an area of not less than 9 m² and a height of 2.20 m, an adequate heating source, running water, safe electricity, structural soundness, and freedom from health risks.

• And he must carry out major repairs (the roof, walls, the original boiler and pipes) and maintain the basic systems.
• As for you, you are responsible for the réparations locatives, that is daily maintenance: changing bulbs, cleaning small pipes, servicing the boiler yearly (contrat d'entretien, a maintenance contract), cleaning a chimney if any, cleanliness and repairing damage you caused.
• Tell the landlord of any defect in writing by registered letter (lettre recommandée).
• And if he does not repair you can resort to the commission départementale de conciliation or the court, and some cases allow a rent reduction.
• And you have no right to carry out major works or change the locks without permission.
• And the landlord may not enter the home without your consent.

The tenant may end the contract at any time by written notice (préavis) by lettre recommandée avec accusé de réception or through a bailiff or personal delivery with a receipt.

• The notice period is generally three months for an unfurnished home, reduced to one month in zones tendues (the big cities) or for reasons: loss of work, professional transfer, illness, receiving RSA or AAH, and a first social housing.
• For furnished housing one month.
• As for the landlord he can end the contract only at its end with six months' notice and legal reasons: selling the home or living in it or a serious and legitimate reason (breach of the contract).
• Evicting, cutting services, changing locks or threatening is not allowed, since this is a crime.
• And there is the trêve hivernale (the winter truce) from 1 November to 31 March in which eviction is not carried out.
• And you must hand over the keys, carry out the exit inventory and settle accounts.

A tenant is evicted only by a court judgment and enforcement by a bailiff (commissaire de justice), after procedures: a payment demand (commandement de payer) then a claim before the tribunal judiciaire then an order to leave.

• If rent is late contact the landlord and CAF at once and ask for a payment plan (échéancier), and aids FSL and Loca-Pass are available and the right to a commission de surendettement for those whose debts have accumulated.
• And if you are threatened with eviction call ADIL (free), the Fondation pour le logement, 115 and associations such as the Secours catholique, Emmaüs and the Secours populaire, and the legal aid office at the court, and you have the right to aide juridictionnelle for a free lawyer according to your income.
• And tenants' associations help (CNL, CLCV and CSF).
• And keep copies of your lease, rent receipts and correspondence, since they are your evidence.

How long is an unfurnished lease?