The lease must be established according to a standard contract defined by decree. However, the model and content of the contract varies according to the type of rental. An overview of the content of the lease, its clauses and annexes.
Contents of the lease: mandatory mentions
Regardless of the type of property leased, the lease must include a number of mandatory clauses. The content of the lease must then mention the following information:
The names and contact details of the owner and the tenant or the contact details of the estate agent and those of the manager if the property is managed by an estate agency.
The duration of the lease, which must be at least 3 years for a lease with a private individual and less than 6 years with a legal entity.
A precise and complete description of the premises or dwelling such as its location, type, actual living area, number of rooms, equipment provided, as well as its purpose (business, residential or mixed use).
The amount of the rent with its terms of payment and the adjustment rules or the reference rent in the case of rentals in tense areas
The amount and description of any work carried out since the departure of the former tenant
Listing of the various equipment for access to technologies such as cable television, satellite or the Internet.
Optional clauses in a lease
When renting a house, apartment or premises, a rental contract or lease is mandatory. If it must include the mandatory clauses, so that the negotiation can be carried out in the best conditions, the owner can also add certain optional clauses. Thus, the content of the lease may also include a reference to a security deposit, resolutory clauses or a prohibition on the presence of pets. In practice, the landlord may add the clauses of his choice, but they must comply with the law. This is the case, for example, of the prohibition of temporary accommodation of persons by the tenant, which is not permitted by law.
Mandatory appendices for a lease
Apart from the terms of the contract, one should also not forget the essential documents that complete the content of the lease. One of the most important documents to be attached to the lease contract is the real estate technical diagnosis file, which must include the mandatory diagnoses defined by law such as the energy performance diagnosis. An information leaflet precisely mentioning and detailing the rights and duties of the various parties involved in the contract must also be attached to the contract. If the rented property is in co-ownership, the extracts of the regulations to be communicated to the tenant are also among the annexed documents to be handed over with the lease contract.