Renting in France: what you need to know

In their excellent book Is Paris Burning? about the final months,weeks and days of the Nazi occupation, Larry Collins and Dominique Lapierre state that an SS officer leaving an apartment on the Boulevard Victor-Hugo left the following note for his unwilling landlord: ‘To my unknown host for his unwilling hospitality,’ he wrote.‘I have left the apartment as I found it.The gas, electricity and telephone bills have been paid and the concierge tipped.’ He informed his host that he had ‘admired the three volumes of Voltaire, which I have put back in their place.

’Then he left money along with the note,‘to replace the two crystal champagne goblets, unfortunately broken during my stay’.

I am not for a second suggesting that an SS officer would be an ideal tenant but at the end of his tenancy he did at least accept responsibility for the property on his departure and if you are considering undertaking a long-term property rental, which in France is anything from around three months upwards, or if you own a property and are thinking of letting it out on a long-term basis, it is worth considering at an early stage what the responsibilities
and rights of the tenant are going to be.

I rather doubt this particular tenant signed a contrat de location but had he done so today, certain data would be required in such an agreement:
-The full names and addresses of both owner(s) and tenant(s)
-The exact date on which the contract starts
-The duration of the contract
-The monthly rent payable, including due payment dates
-Details of the security deposit due.
 
Attached to the agreement should be an inventory, and an état des lieux, which is a description of the condition of the property at the start of the booking.

These should be signed and dated by all those named as owners and tenants in the agreement. Also, the tenant is specifically not permitted to do the following, unless agreed in writing by the landlords:
-To make any structural or decorative alterations
-To carry out any trade or profession
-To sub-let all or part of the property

The security deposit is paid by the tenant to the owner and will often equate to one or two months’ rent.This may be retained by the owner for up to two months after the end of the tenancy agreement and the return of the keys.The deposit may not be used as the final rent payment by the tenant, and indeed it is illegal to do so.The deposit is returned by the due date, less any money still owed, eg for utility bills, damage, etc.

Insurance is another major issue which neither tenant nor owner should ignore. A tenant is required by law to take out comprehensive household insurance. The property owner can, and should, have sight of this at the beginning of the tenancy. Absence of such a policy can lead to termination of the tenancy agreement.Also, a tenant must insure any of their own property against theft or damage if it is stored in an owner’s barn, outbuilding or in the rented
property itself.

Besides any legal requirements are the wider terms and conditions which owners specify. These are going to vary from one owner to another and most owners will want to include them within the tenancy agreement.As prevention is always better than cure it is best not to take anything for granted and for owners to go through all such requirements with the tenant before agreeing the booking and to obtain written confirmation that the tenant agrees to these terms.

A tenant’s responsibilities may include any of the following:
-To pay utility bills (electricity, water, local taxes etc.)
-To guarantee there will be no smoking at the property
-If it is agreed with the owner that the tenant may have pets at the property, to guarantee that both house and garden will be kept clean
-To ensure that all shutters are securely closed if the property is left empty
-To refill the oil tank at the end of the tenancy (the owner will probably have agreed to supply a full tank at the beginning)
-To maintain the garden in good order and ensure the grass is cut regularly.

As for the tenant’s rights, the property owner is required to provide the premises in a good state of repair with the contents and equipment in good working order.The property must be in ‘decent condition’ which in essence means that it should not endanger the tenant’s health and safety.And as long as the tenant adheres to the agreed terms and conditions they should have security of tenure.

However, one key piece of advice to people considering a long rental in France is to take time to view properties in advance.While the majority of the detail involved in defining the tenant’s responsibilities and rights is clear cut, do try to avoid any possible disagreement over what might be considered ‘grey areas’ by doing a site visit.

But if you are going to rent in France don’t be put off by the list of tenant’s responsibilities. After all they
are really just a combination of common sense, courtesy and good business practice. As mentioned earlier, certain clauses can be excluded with an owner’s agreement.While it is standard for a tenant not to be permitted to make structural alterations, we have known a keen DIY-er make a number ofimprovements to a rented property with the owner’s written permission. Similarly another tenant used his professional skills to make substantial repairs when the roof of the rented property was damaged by a tree felled in a storm.

And as for the standard term requiring that a tenant may not carry out any trade or profession, this is really to ensure that they do not use the front garden for car maintenance or the kitchen to sell illicit home-brewed hooch. An owner may well have no objection if a tenant simply requires internet access and/or a PC to carry out their work, with no possibility of annoying the neighbours.

Above all, bear in mind that the house you will be renting is someone’s personal property and that they are trusting you to take good care of it.

FACT FILE
Steve Hill at French Locations
Tel 01275 856691
Email: steve@french-locations.co.uk
Website: www.french-locations.co.uk