The French rental system can be complex. Even native French people struggle to understand their rights and obligations as tenants, and what they can expect from their landlord.
Renters in France have more rights than in many other countries. This is great for those who are happy with the property and price, and want to stay. For this reason, landlords are often careful about who they let live in their properties and can expect to see a lot of paperwork.
While you don’t need to be fluent in French law or the language, you do need to understand the legal rules and expectations for renters. There’s nothing to be scared of, but it pays to be prepared.
This guide explains all the most important rules, rights, and regulations for renting an apartment in France. It also identifies some of the nuances to be aware of, and the common mistakes new renters make.
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Disclaimer: This article is simply a guide to best practices and common knowledge. This guide does not constitute legal or tax advice. If you require either, please consult a professional. |
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Need help finding the perfect Paris apartment? Paris Attitude has been helping international expats and corporate clients move to France since 2001. |
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When renting a property in France, there’s a clear distinction made between furnished and unfurnished apartments. This distinction actually changes the rules and your rights.
Furnished apartments are designed to be for short stays, with a standard lease agreement of one year. You can of course renew this contract with the agreement of your landlord. Many tenants stay for long periods in furnished apartments.
There are technically two forms of furnished apartments:
The main differences apply more to landlords than renters. The designation will impact the insurance required and the taxes paid.
Legally, a furnished property should have bedding, a stove and microwave, kitchen utensils and equipment, a fridge, freezer, storage shelves, tables and seats, and lighting. You should be able to move in and live (relatively) comfortably with no other furnishings.
Many furnished apartments also include common luxuries like a television and stereo.
In most cases, the landlord in a furnished apartment will handle utilities. The cost will either be baked into your rent, or you’ll pay monthly depending on what you use.
But depending on your lease, you may need to find your own electricity and internet providers.
If you need home internet (and perhaps cable television), consider bundling this with your mobile phone service. The leading providers in France are the same for both services.
Unfurnished apartments are designated for long-term stays. The standard lease agreement is for a minimum of three years. That may seem long, but this applies to the landlord, who’s obligated to rent you the property for this term (unless in exceptional circumstances).
Unfurnished apartments do not come with the equipment and comforts most people need to enjoy the space. You will need to find virtually everything, including kitchen whiteware, a bed, linen, towels, plates, cups, a television, and sometimes even lightbulbs.
Renters in unfurnished apartments will also need to find an internet and electricity supplier.
As with any legal document, it’s vital to understand the conditions of your tenancy agreement when renting an apartment. Most agreements follow a standard structure and have similar terms — most of which are required by law.
The tenancy agreement is the contract between the landlord and the tenant to rent a property for a set period of time, at a certain price.
A French rental agreement normally requires:
It should be signed before the start of the term of the tenancy, although many people sign on the day they move in.
The agreement does not need to be witnessed by a third party (notary), unlike a contract in a property sale.
Contracts for long—and short-term stays—furnished or unfurnished—can be renewed with the agreement of both parties. However, the landlord is not obligated to renew with the same tenant.
If you rent your apartment with an agency, the contract typically states that the agency must handle the renewal. There will be a small fee involved.
However, he does not pay in case of tacit renewal, for the principal residences.
The landlord can require the tenant to subscribe to a home insurance policy to mitigate risks of water damage, theft, fire, and similar issues. In most rental agreements, this is the tenant’s responsibility, but it should be clearly stipulated in the contract.
If the tenant does not take an insurance policy, this may lead to a breach of contract and the landlord could cancel the lease.
Proof of insurance must be provided at the first rent payment and subsequently every year after the policy is renewed.
The landlord may also propose to organize and pre-finance the insurance policy and have the tenant repay it later on if he is not financially ready to do so.
For clarity, the taxes to be paid by each party should be clearly stated in the contract. In general, the landlord should handle the majority of taxes.
Some small fees, including the annual television licence (if you have a television) may be passed on directly to the renter. The same may be true for fees paid to the building’s “syndicat,” the organisation which handles maintenance and gardening in larger apartment buildings.
Note: Until January 2023, residents were required to pay the taxe d’habitation (residency tax). The amount differed depending on your neighborhood, and was determined by where you lived on January 1 each year (no matter how long you lived there).
The taxe d’habitation no longer exists for renters, and most local taxes are now covered by homeowner’s taxes.
As discussed above, this usually depends on whether you rent a furnished or unfurnished apartment.
These are just the most common arrangements, but are not technically required by law. So please read your rental agreement closely.
The dossier required to rent property in France is known for being comprehensive and sometimes complicated to compile.
The French government has made available a list of documents a landlord can ask for in most cases.
Required documents include:
The landlord also needs to show you a report on energy rating and a risk or safety report of the property.
The inventory is a record of the condition of the property when the lease contract starts. In French law, a rented property is assumed to be in good condition at the beginning of the contract, unless there is any evidence to the contrary.
To verify this, a detailed inventory of the property’s condition is done at the beginning of the lease. For furnished apartments, this will include descriptions of the condition of all furniture, and the number of items provided — down to small things like cutlery and plates.
The inventory is frequently prepared by a bailiff, but it can also be prepared and signed by the landlord and the tenant or their agents. After the tenant has left the apartment at the end of the lease contract, another inventory is required to compare with the original one.
In case of damage during the tenancy, the landlord can deduct the cost of repair or replacement from the security deposit.
The security deposit is a maximum of one month of the initial rent for unfurnished rentals, and two months for furnished rentals. It may be used to cover damages, unpaid bills, or other defaults.
The security deposit must be returned to the tenant within two months of the termination of the lease, after the deduction of any necessary costs.
Reminder: the following is not official legal advice. But in general, these are the rights of both parties in a standard French tenancy agreement.
What you can expect from your landlord as a tenant in France:
What your landlord can expect from you as their tenant in France:
It’s important that you understand your rights and responsibilities before you sign any lease contract. The thirteen conditions that every typical rental contract should respect are:
Leaving the apartment is the result of a terminated lease contract, whether it is done by the tenant or the landlord. Depending on who wants to end the contract, there are specific procedures for termination that must be respected by them (landlord and tenant).
When the landlord gives a notice of termination, the notice must be correctly drafted and sent out at the right time according to the law in France. Otherwise the contract continues (and could be renewed by default).
A landlord cannot end a tenancy contract before the expiry of the term without exceptional circumstances. This can only occur if there is a breach of the tenancy conditions, sale of the property, or the landlord is moving back into the property.
Depending on the nature of the letting (furnished or unfurnished), there is a minimum notice period (called le congé) given by the landlord. The notice must state the reasons why the landlord wishes to recover possession.
If the tenant is an old person (at least 65 years old), the landlord is obliged to find a suitable alternative accommodation. This rule applies for both unfurnished and furnished lettings. The age of the tenant is the age at the end of the contract. But this rule does not apply when the landlord is at least 65 years old, or has the same resources test as that of the tenant.
The advice and assistance of a huissier (managing estate agent or bailiff) in the termination process is highly recommended.
The tenant can put an end to the lease contract anytime, and for any reason.
Depending on the nature of the letting, the minimum notice period is:
During the notice period, the tenant continues to pay the rent.
For an unfurnished letting, the three month notice period can be reduced to one month in the following cases:
The notice period cannot be reduced if the tenant resigns, retires from employment, or merely changes their job. If the tenant does not respect the notice period, the landlord is entitled to make a legal claim for missed payments during this period.
The notice is irreversible. Once the tenant has given it, they cannot change their mind. A vacating tenant is obliged to grant a landlord reasonable access to the property for visiting by prospective new tenants or purchasers.
Renting an apartment in France is exciting. But the rules and customs to follow can make securing your dream Paris rental a daunting task.
For expats and new renters, one of the smartest options is renting through a professional agency. The agency will help find the ideal settling spot for you, your family, or your staff, and will ensure that the lease agreement is standard and easily understood.
Paris Attitude has more than 20 years’ experience placing happy expats in exceptional French properties. We’d love to help you too.