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| Provence Local Reference INFOrmation
French rental law is highly regulated.
Below you will find information on: Finding a Rental Property in Paris Ile de FranceRental properties can generally be found through estate agents who have letting departments, local classified newspapers, and websites or word of mouth. De Particulier à Particulier: Published every Thursday, this publication puts property owners and landlords directly in touch with potential buyers and tenants avoiding dealing with property agencies.
Le Figaro: Daily newspaper with wide circulation has a comprehensive listing of accommodation.
FUSAC (France USA Contacts): is a free print publication available throughout Paris at a number of distribution points. It has classified advertising specifically targeting the anglophone community. FUSAC classifieds also include shared housing offers (not usually found in the French press).
Se Loger: website (update daily) with classified advertisements for property sales and rentals, and advice for tenants and homeowners in France. The AngloINFO Forum: Accommodation Offered Discussion Forum Application for RentalOnce you have found an appropriate property to rent there are certain necessary procedures to follow. To apply to rent an apartment, be prepared to present proof of of income: the landlord/agent has the right to request proof of income in the form of photocopies your three last pay slips, as well as your most recent tax return statement. Guarantor: You may have to provide details of a third-party guarantor who will be named in the contract and who will stand surety in the event that you cannot pay the rent. Before Signing the AgreementBefore the rental agreement is signed, the landlord is required by law to provide technical documentation describing the rental property in detail, outlining its exact measurements and distinguishing characteristics (number of bedrooms, garage, cellar, etc.). This documentation must also specify the exact cost of monthly charges for amenities (such as concierge services, lift, central heating). Certain clauses expressly prohibited by French law are considered grounds for rendering the contract null and void. No matter what the nature or type of rental, the prospective tenant has the right to request removal of clauses abusives from the rental contract. Such prohibited clauses include stipulations regarding open-house visits of more than two hours on any given business day or public holiday once the apartment is put up for sale or rental. Similarly, the landlord has no right to impose a home insurance underwriter on the tenant, nor demand automated bank transfers or signed-order wage for payment of rent. The Lease or Rental Agreement
The rental agreement is mandated by law. The tenancy contract stipulates terms and conditions of rental and rental rates. It is drafted by a notary public in duplicate and signed by both the lessor or estate agent (on behalf of the lessor) and the lessee. The rental agreement states the landlord's name and business address; the rental property's main characteristics; in the case of an apartment or property in communal building it states public areas in the building for use by all tenants; noise-level classification for the area in which the property is located; the intended usage of the rental, such as primary residence or office; the price of rent and date of payment (and in certain instances the date these are to be reviewed); the start date and length of the agreement; as well as the amount of the security deposit. A clause detailing grounds for termination of the rental agreement is also included. These grounds include failure to provide timely payment of the deposit, rent or monthly charges, or failure to take out a home insurance policy. For private citizens, the lease on the property is generally presumed to be three years. The landlord may elect to reduce the length of the lease in order to move back into the property or sell it. Likewise, the tenant may terminate the lease by giving three months' notice via registered mail. Write and sign an inventory, with the lessor, to accompany the lease agreement. List fittings, fixtures and their condition and the condition of the property. Rent can be raised annually, either to an amount and on a review date agreed in the tenancy contract, or in the absence of this, it can be raised annually on the date of the signing of the contract. DocumentationDeposit
The refundable deposit is usually the value of two months’ rent, paid up front on the signing of the lease agreement. In addition, the first month’s rent should be paid at the same time. At the end of tenancy and on the return of the keys, the landlord/agent has up to two months to reimburse the deposit, deducting any money needed for repairs to the property. In the event of dispute, refer to the inventory. If you feel an unnecessary amount has been deducted, you may request to see the estimates for work done. It is illegal to hold back the last months’ rent in lieu of the deposit. InsuranceThe tenant is required by law to have a comprehensive household insurance certificate (premium rates depend on the size of the property). Proof of insurance must be shown to the lessor at the signing of the lease and may be requested at lease renewal each year. The landlord may add a clause to both new and renewed contracts, demanding termination of the contract if the tenant fails to insure the property. The following are covered by household insurance:
Moving InOn receiving the keys to the property, the landlord and tenant are required to come to an agreement regarding the condition of the apartment at the start of the rental period. They should sign the état des lieux entrant, a legal document (drafted in duplicate) describing the general state of the dwelling. On termination of the lease, this document is compared to its counterpart, the état des lieux sortant, to establish whether any damages and repair expenses are the responsibility of the tenant. The signing of the état des lieux entrant is the tenant's opportunity to point out any non-compliancy with respect to basic decency standards governing electrical installations, plumbing, heating, ventilation, minimum surface area, the supply of safe drinking water. As of the first payment of monthly rent, the tenant has the right to request a dated receipt (quittance de loyer) detailing the price of rent paid, as well as all applicable charges. FeesIn the case of apartments in shared buildings, the tenant is expected to pay monthly fees (charges locatives) for collective amenities. Arranged for by the landlord, these typically include:
Additionally, TVA (a Value Added Tax) of 5.5% is levied on furnished rentals, while a surcharge of 2.5% is sometimes applied for the right to hold the lease agreement. An annual reconciliation of all collective amenities accounts takes place once a year to establish the balance remaining for each. TaxesFrench occupiers tax (taxe d'habitation) is paid annually by the occupier of a property on 1 January of the year. It provides for local area services (street cleaning, rubbish removal, lighting and so on). The amount due depends on the size and locality of the property. For information on taxe d'habitation from the Government: Click here (in French) Various exemptions can apply including for people over 60 years of age, those who are the guardians of disabled adults and those receiving low income benefits (Revenu minimum d'insertion, RMI). Information on exemptions is available from the local Mairie (provide proof of age or circumstances and income). Tenancy ObligationsThe tenantThe tenant's obligations are as follows:
Unless agreed in the lease contract a tenant may not:
The landlordThe primary obligation of a landlord is to rent "decent housing". A definition of decent means that the building will in no way damage the health and safety of a tenant. Factors included are condition of the building, effectiveness of drains and gutters, presence of natural light, effective electricity and mains water supply, ablution facilities and minimum size.
If a landlord is negligent in carrying out essential repairs a tenant may not withhold their rent but may make a legal claim through the magistrates court. Building Diagnostic ReportsThe DPE (Diagnostic de Performance Énergétique) is a report which details the amount of energy used by a building. It includes recommendations for improvements. The DPE should accompany any new or renewed lease agreement for a lease period of longer than four months. It is the responsibility of the property owner to have a building examined and to make any obligatory improvements. Lead reportsAs of 12 August 2008, landlords of property built before 1 January 1949 must attach a CREP (Risque d'Exposition au Plomb) report detailing the risk of exposure to lead poisoning within the building. This CREP must accompany any new or renewed lease agreement. The report details the presence, concentration and condition of lead throughout the building surfaces. It is the landlord's responsibility to repair any areas where there is a danger of exposure to degrading lead.
Terminating TenancyThe Tenant: giving noticeUnless otherwise stated in the lease agreement, a tenant who wants to leave prior to the end date in the lease agreement must give three months notice, by registered letter with acknowledgement of receipt (Lettre Recommandée AR) or by letter signed by a bailiff (un huissier). In specific circumstances the notice period can be reduced to one month with the agreement of the landlord:
However, if the landlord does not agree to the early termination and cannot find a new tenant, the occupier is obliged to pay rent up until the final day of notice. To find out how to send a registered letter (Lettre Recommandée AR) see AngloINFO INFOrmation Page Post in France: Codes, Addresses and Mailing a Letter. The LandlordThe landlord may not quit the agreement until the lease expires unless the tenant has not paid rent or significantly failed in their obligations. In that instance the lease is cancelled and the landlord must notify the tenant by registered letter or with a letter signed by a bailiff.
Exceptions to these rules exist for owners of 60 years and over on minimum income. Inventory on departureAt the time of returning the keys, the original inventory and condition report (état des lieux) is reviewed together by the exiting tenant and owner. The landlord/agent has up to two months to reimburse the deposit, deducting any money needed for repairs to the property. If the departing tenant feels that an unnecessary amount has been deducted, they may request to see the estimates for work done. In the event of a dispute, the matter can be passed to a bailiff. It is illegal to hold back the last months’ rent in lieu of the deposit. UtilitiesElectricity (EDF)
Gas (GDF)
Note: Do not rely on speaking English with these calls. Telephone (France Télécom):
Property Rental Jargon GuideFrench property rental advertisements typically do not state the number and type of rooms (example: sitting room, 3 bed, 2 bath), rather the total number of rooms (excluding kitchen and bathrooms).
Generally "T" denotes rooms of an apartment and "F" those of a house (F).
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