What it is necessary to know

The leasing agreement or the lease, is a document which binds the financial backer and the tenant and specifies the rights and obligations of the two parts. The law of July 6, 1989 imposes the drafting of a written lease signed by the owner and the tenant in the case of a hiring of housing. This contract can be established directly between the owner and the tenant, on plain paper in other words under private signature. It can be done with the assistance of a professional like an real estate agent or a notary, it is then a notarial act. The lease must obligatorily be made in two originals whose specimen is given to the owner and the tenant. For the signature of the contract, the owner is authorized to ask the tenant to provide certificates of incomes, rent receipts of his preceding hiring as well as receipts of electricity or telephone, his declaration of income tax as well as the coordinates of his former owner and his employer. The guarantee of a guarantee or a bank can also be required. For the signature of a lease, since February 9, 2008, a deposit one month of maximum rent is required. The lease is concluded for one minimum duration from 3 years when the owner is a natural person and 6 years when the financial backer is a moral person.

The lease must contain obligatorily certain information like the names and addresses of the owner, the effective date and the duration of the lease, the amount of the rent, its modes of payment, like its rules of possible revision. The lease must also announce the amount of the deposit. Concerning the mentions stipulated in the lease, the law prohibited to oblige the tenant to pay his rent by direct debit, a full cancellation of the lease in the other cases that the non-payment of the rent or the defect of insurance. The owner cannot decrease a service stipulated in the lease without equivalent counterpart. No fine can be perceived by the owner in the event of nonrespect of the lease or the rules of procedure of the building. The tenant cannot carry on a political activity, trade-union, associative or professional.

The rent is established by the parts during the signature of the lease and it constitutes the counterpart of the provision of housing. When the lease includes an escalator clause, the revision of the rent except loads intervenes annually at the date agreed upon between the parts or, failing this, at the end of each year of the contract. When the lease does not envisage a revision of the rent, the owner cannot carry out an increase before the normal term. But during the renewal of the lease, the price of the rent can be increased if it appears underestimated. The tenant must discharge rental loads or recoverable loads which are the expenditure made by the financial backer to provide to the tenant a full pleasure housing. The decree of August 26, 1987 lists in an exhaustive way the rental loads. These loads represent the expenses pulled by the related services with the housing and of the building, the rental taxes and loads corresponding to the maintenance expenses running and minor repairss of the common parts of the building. No other load can be claimed with the tenant. The owner is in right to claim with his tenant of the “provisions on loads” Those are calculated on the basis of load actually regulated by the owner the previous year.

The leave is the act by which the tenant or the owner puts an end to the leasing agreement. It must be notified by letter registered with acknowledgement of delivery or meant by act of usher. The tenant can give leave constantly, with the help of a 3 months notice, tiny room to one month in the event of the first employment, of change, job loss .ou of new consecutive employment to a job loss, or, being the tenants of more than 60 years, when the health condition justifies a change of residence. An owner wishing to recover a good in hiring, must give leave to the tenant, at least six months before the term of the lease in progress. The financial backer can finally give leave for a legitimate and serious reason, such as for example nonthe payment of the rent systematically.

The insurance of the tenant is compulsory, except for the furnished residences. The owner is in right to ask you for your certificate. Note that the defect of insurance is a termination clause of the lease. The law imposes it that the tenant ensures his responsibilities towards his owner. These responsibilities represent the damage-fires, even if it did not occupy the places at this time or that the origin of the disaster remains unknown (except for the lightning), the damage of water or explosion, except if the tenant brings the proof of his innocence. The guarantee “tenant's risks” covers the fires, the damage of water, the attacks, terrorism. The guarantee “recourse of the neighbors and the thirds” covers the responsibilities towards the neighbors. The guarantee “multirisk dwelling” covers the risks concerning the fires, the damage of water, the explosions, terrorism, the attacks, as well as the risks on the goods and work which the tenant could carry out. The owner-financial backer must subscribe a bearing insurance on housing and his responsibilities towards the tenant, the neighbors and the thirds. He is also responsible for the damage resulting from a defect in construction or a permissive waste.