Sources : Livret d'information "Trouver un logement 2023-2024" Info Jeunes
Accommodation section on service-public.fr
Notice and giving notice to your landlord
When visiting the property
At this stage, the landlord is entitled to ask you for a certain number of documents that will make up your tenant file.
Here are those that are authorized and those that the landlord does not have the right to ask for:
The Lease
Egalement appelé contrat de location, ce document signé par le propriétaire et le locataire est obligatoire.
Sa durée : - 3 ans pour un logement vide avec reconduction tacite (automatique) si le propriétaire est un particulier
- 1 an pour un logement meublé avec reconduction tacite. Il peut être ramené à 9 mois pour les étudiants et apprentis sans renouvellement automatique.
Also known as a rental contract, this document must be signed by both landlord and tenant.
Its duration: - 3 years for empty accommodation with tacit (automatic) renewal if the owner is a private individual.
- 1 year for furnished accommodation, with tacit renewal. It can be reduced to 9 months for students and apprentices without automatic renewal.
Lease contents :
- Owner's (or property manager's) contact details
- Name of tenant(s)
- Duration of the lease and date on which the property is made available to the tenant
- Description of the property and its annexes (cellar, garden, parking space, etc.)
- List of equipment in the unit and common areas (staircase, elevator, bicycle storage, etc.)
- Living area
- Purpose of rented premises (residential use)
- Amount of rent and service charges - Payment terms and any revisions.
- Amount of security deposit
- Estimated heating costs
- Last rent paid to previous tenant (if he/she moved out less than 18 months ago)
- Nature and amount of any work carried out since the end of the last rental period.
Check-in report
The check-in report is a mandatory document that must be attached to the lease. It describes the accomodation room by room, including equipment and annexes (cellar, attic, garage, etc.).
It specifies the condition of floor, wall and ceiling coverings, as well as equipment.
Drawn up when you move in, it must be signed by both tenant and landlord. As a tenant, you can have it amended within 10 days of it being drawn up: to do this, send an e-mail to your landlord (or his representative) with a photo of any defects you missed during the inventory. You can also have the inventory of fixtures amended during the 1st month of the heating season, if you find any unidentified defects.
Security deposit:
This is a sum of money you pay to the landlord or estate agent when you sign the lease.
It is intended to cover any shortcomings on your departure (unpaid rent, damage, lack of repairs, etc.).
Amount : - one month's rent excluding charges for empty accommodation
- two months' rent excluding charges for furnished accommodation.
In certain cases, you may be eligible for the Loca-Pass advance.
Simulation and online application (no later than two months after moving in): https://locapass.actionlogement.fr
Notice and giving notice to your landlord:
You can give your landlord notice to quit at any time without having to justify yourself, by any of the following means:
- Registered letter with acknowledgement of receipt
- Hand-delivered against receipt or acknowledgement of receipt
- By bailiff's deed.
You must give 3 months' notice.
This period is reduced to one month if you are leaving furnished accommodation.
For his part, the landlord can (in certain cases governed by law) give you notice on the expiry date of your lease. However, you must be given 6 months' notice in the case of empty accommodation, and 3 months' notice in the case of furnished accommodation.
Be informed, defend yourself:
In the event of disagreement or conflict with your landlord, the following organizations can advise you:
- ADIL: Agences Départementales d'Information sur le Logement provide free advice on legal, financial and tax issues relating to housing. www.anil.org
- Réseau info Jeunes: IJ network professionals provide free information and advice on all housing-related issues: offers, grants, online procedures, rights and duties of tenants and landlords... If necessary, they refer you to a specialized organization. For Dijon: www.jeunes-bfc.fr/reseau-ij and for Lyon: https://www.info-jeunes.fr/
- Comité Local pour le Logement Autonome des Jeunes (CLLAJ) (Local Committee for Independent Housing for Young People): offers personalized assistance to young people (aged 16-30) looking for accommodation, helping them to access their rights and a suitable housing solution. www.uncllaj.org and www.projet-toit.fr
- Commission Départementale de Conciliation (CDC): in the event of disputes over rent, security deposits, inventory of fixtures, etc., the CDC seeks an amicable solution with your landlord. Note: it does not intervene if the lease is a mobility lease. There is a commission in each département: https://www.service-public.fr/particuliers/vosdroits/F1216
- Tenant defense associations: inform, advise and defend tenants. www.clcv.org / www.lacnl.com / www.la-csf.org / www.quechoisir.org / www.unaf.fr
- There are also conciliators of justice who can help you find an amicable settlement to a dispute between you and your landlord or other tenants: www.conciliateurs.fr
- You can also visit a Point-justice: www.annuaires.justice.gouv.fr