What Is Lease Agreement in French

In case of non-payment of rent, the landlord must ask the courts for a judicial termination if there is no termination clause in the rental agreement. The judge assesses the situation – including the tenant`s financial situation – and can approve a termination. The tenant usually receives an eviction order two months after receiving the order, although judges have the power to grant extensions. More information can be found here. In France, the traditional lease is known as 3/6/9. The law recognizes a lease that is concluded orally, but in the event of a dispute, only the bare minimum of clauses is accepted by a court. A tenant would undoubtedly argue that the COVID-19 outbreak would meet these requirements and fall within the scope of a case of force majeure (at least when the contract was concluded before the spread of the virus became foreseeable). With regard to parties who have concluded a commercial lease, several scenarios can arise from a case of force majeure or an act of the prince. Please note that the provisions of Article 1195 came into force on 1 October 2016. With regard to leases concluded before that date, the tenant may invoke the old principle of ”reason”, so that the contract is considered null and void (Com. 22 October 1996, No. 93-18.632; COM.

29 June 2010 n°06-67.369). The lease agreement is the written contract between the tenant and the owner/agency. It must be signed on the day or before the start of the rental period. The tenant must pay the first rental instalment and the deposit at that time. Depending on the property you are moving into and your lease, you may be responsible for creating accounts for things like electricity, gas, internet, telephone, and television when renting in France. In addition to the rental agreement, you should receive an inventory describing the nature and condition of the owner`s items in the property. This includes furniture, accessories and accessories. If the renegotiation is rejected or fails, the parties may agree to terminate the contract on the date and on the conditions they specify, or ask the court to adjust it by mutual agreement.

If no agreement is reached within a reasonable time, the court may, at the request of one of the parties, modify or terminate the contract at the time and under the conditions it specifies. Instead, the entire arrangement is made on the basis of an email exchange and/or verbal agreement. In most cases, it works quite satisfactorily. It is a commercial contract between an owner who owns the premises and a tenant to carry out his commercial activity. This type of agreement is made to protect the interests of the tenant as long as he adheres to the established conditions instead of preferring the owner. It is believed that it lasts at least 9 years and can be adopted by any type of business. If you need a lease for your business, it is important to know that this model is the only choice for those whose activity is of a commercial, artisanal or industrial nature. The tenant may request the suspension or termination of the contract arguing that the payment of rent has become impossible due to a case of force majeure. In this context, the case-law considers that Article 1722 of the French Civil Code may apply in the event that the tenant is unable to use the rented premises as planned, in particular following an administrative decision taken during the term of the lease or an epidemic of agricultural land (CA Colmar, 29 August 1995, FG No. 93/04547).

You can read the government`s full list of what a landlord can legally ask of you; It is illegal for the owner to request a bank statement. In return, the landlord is required to provide the tenant with certain documents, which may include an energy efficiency class, a master report, and a report on the risks and safety of the property. Owners in France have the right to terminate the lease if they can give good reasons to do so, for example. B non-payment of rent, but they must follow strict legal procedures. It should be noted that, in the case of agreements in the process of being concluded, the parties are free to derogate from the application of article 4 by means of express clauses and to waive their right to rely on the provisions of this article. Landlords are allowed to increase rents once a year, and this should be in line with inflation or what has been stated in the lease. Increases must not be greater than the variation in reference rents (IRL) published quarterly by INSEE. If you are renting a room that is sublet, ask for a written agreement that includes some of the basics such as rental amounts and notice periods. It doesn`t have to be tedious – just a single page of A4 with important points to protect you during your stay. There is no legal definition of what constitutes a ”furnished” rental. Case law suggests that only the smallest amount of furniture is needed.

A bed, table and chairs, refrigerator, stove, cupboards, toilet and bathroom, as well as a water heater seem to be enough to meet the legal requirements. Much will depend on the express intention of both parties whether it is a ”furnished” or ”unfurnished” rental. A prudent landlord who wants to rent a property as ”furnished” would be well advised to ensure that there is enough furniture in the property to avoid misinterpretations. In addition, the parties have the right to deviate from the above rules (in accordance with Articles 1195, 1218 and 1220) by express provision of the rental agreement. Therefore, it is necessary to review the terms of a lease to identify potential problems and pass them on to the affected party. The form of the contract 3/6/9 can be oral or written and is concluded between the owner and the tenant, who are entitled to establish the general conditions. However, it is strongly recommended to have a written lease drawn up by a professional lawyer in the event of a dispute. However, if you do not want to use the services of a lawyer, but want to announce the existence of the rental agreement, this can be explained in the tax office. Many expats who rent a non-French household with a long rental do not ensure that a lease is prepared.

If you are looking for furnished accommodation, there are agencies specializing in furnished apartments and vacation rentals, such as Paris Attitude. These are usually for shorter rental periods than unfurnished homes, with leases ranging from a few months to a year. In addition, and although it is not mandatory, it is strongly recommended to sign your rental agreement in front of a lawyer whose prices in France range from € 400 to € 1,000. The penalty provided for the sanction of this non-performance will be postponed for a period corresponding to the duration of performance of the contract affected by the period protected by law. As things stand, it appears that from the expiry date of the contractual obligation, the effect of the clauses automatically shifts for a period equal to the period protected by law if the agreements were concluded before 12 March 2020. As a result, most leases are entered into in writing, with the rights and obligations of each party clearly stated. Therefore, unlike Article 1219 of the French Civil Code, the provisions of Article 1220 apply before the start of the execution of the lease. Regulation No. 2020-306 of 25 March 2020, as amended by Decree No. 2020-427 of 15 April 2020, on the extension of expired deadlines in the event of a public health emergency and the adaptation of procedures during the same period provides, on the one hand, for certain amendments to the contractual clauses that may be invoked against lessors and, on the other hand, an agreement on the deadlines for notification of the termination of rental contracts. This exception of non-performance would not have the effect of terminating the lease and dismissing the parties before its execution, but of temporarily suspending the performance of the contract by the injured party.

However, the owner could argue that he is exempt from this obligation due to a fact of the prince, which is recognized by the court as a case of force majeure. .