Our practical sheets

Our practical sheets

Renting a furnished apartment

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Do you rent a furnished apartment or house?
If it is the tenant's main residence, the lease is subject to articles 25-3 and following of the law of July 6, 1989.

The lease contract is concluded in writing. Certain diagnostics must be attached to it(Sheet 10-2: mandatory diagnostics in case of rental.) Since August 1, 2015, it must be established according to a standard model and an information notice is attached to it.

The lease has a duration of at least 1 year, and is automatically renewed. However, for a student tenant, it is possible to establish a 9-month lease, which does not renew.

During the lease, the tenant pays the rental charges and bears the rental repairs. Non-rental repairs are done by the landlord.

If the tenant wishes to terminate the lease, he can give notice of one month.

The lessor who wishes to modify the conditions of the lease must inform the tenant at least 3 months before the end of the lease. If the tenant accepts the new conditions, the lease is renewed for 1 year.

Finally, the lessor can give notice of termination, by informing the tenant at least 3 months before the end of the lease. The landlord must justify his refusal to renew by his decision either to take over or sell the property, or by a legitimate and serious reason, for example because the tenant does not respect the rules of the lease.

Despite the possibility of giving notice, the landlord is limited by the protective status of the elderly tenant. The latter must be at least 65 years old at the end of the lease term, and have low income. However, this status does not apply if the lessor himself is over 65 at the end of the lease, or if his income is below the ceiling set by the Ministry of Housing for the allocation of subsidized rental housing. In such cases, the lessor issuing the notice is obliged to offer a replacement dwelling corresponding to the needs and possibilities of the protected tenant, within the geographical limits stipulated in article 13 of 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.

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.