Conclude the Contract of Lease
The evidence required for the lease:
The lessor must ensure the creditworthiness of the tenant to reduce the risk of unpaid rents. The most common practice is to seek income equivalent to three times the rent and expenses. But the current tension in the rental market with rising rents that some landlords require a monthly income equal to four times the amount of rent excluding.
The landlord may ask you several documents:
your last three pay slips;
your certificate of employment;
your employment contract;
the latest receipts of your previous home;
your tax return on income;
your notice in particular for professionals and company managers;
a deposit of one month’s rent excluding returnable at the end of the lease by the state of play.
Note that if the future lease must be signed by partners or persons who entered into a PACS, the owner may apply to each signatory to provide these documents.
candidate to lease the following documents:
a photograph of identity;
social insurance card;
a copy of bank account or post office;
a certificate of good performance of bank or postal account.
The lease:
There are several schemes location. Only be studied by the lease of dwellings empty residential principal also applies to so-called mixed dwellings (houses and offices).
The rental vacancy residential principal are governed by the law of 6 July 1989 (Article 1778 Civil Code). According to Article 3 of this Act, as amended by the Act of 21 July 1994, the lease is in writing. ”
The terms refer to…
The Act provides a number of factors must be included in the lease and that any clause in the contract goes against shall be deemed invalid. These clauses are mandatory mentioned in article 3 of the Act of 6 July 1989.
The identity and location of parts:
According to this article, the contract must include the identity of the lessor, whether a natural person (individual) or corporation (company). The same with regard to the authorized representative (estate agent).
It should also state the address of the lessor (physical address or address of head office) and that of his authorized representative.
The effective date and duration:
Under Article 10 of the Act of 6 July 1989, if the lessor is a natural person, the duration of the contract is at least three years. If it is a legal entity (insurance company, pension fund …) the duration is at least 6 years. Watch closely when the lease takes effect. It may be different from the date of entry into the premises or signature of the contract. The duration of the lease runs from the effective date of the contract which is also the anniversary date of the annual rent increase and end of the lease.
The consistency and destination of local:
Consistency means the nature of the premises. The contract must specify whether it is an apartment or a house. The contract must also mention the local destination ie the use which will be housing. Indeed, if in most cases the space is intended for residential use, it can also be a local mixed-use (residential / occupation). Both laws allow the tenant of a dwelling house to have a professional or commercial activity.
The first, of 21/12/1984 amended by the 11/02/1994, authorizes any person creating a company to install the headquarters home for 2 years from its entry in the register of commerce or corporations.
The second, of 2/07/1998, states that any occupant of a local housing as a primary residence can have a professional or commercial activity in a part of the premises as he is not receiving customer and that there are no goods stores.
The description of local:
The contract should specify the description of premises and equipment for private use. Must be included in the contract the number of parts but also with equipment rented accommodation (central heating or boiler or electric convectors, shutters or blinds, bath, shower, toilet, kitchen or not, hot water tank .. .). It is particularly important to describe and include such equipment in the contract because as a tenant, you must ensure their maintenance. Annexes (cellar, parking place individual) must also be mentioned.
Finally, the contract must indicate the parts, accessories, equipment of the building that are subject to common use. (Elevator, Collective parking, garden).
The amount of rent, the payment arrangements as well as revisions to its rules
The amount of the initial rent is freely determined in principle by the parties. It must be mentioned in the contract. This is the amount of rent charged off. It must also specify the date of payment of rent. Monthly, quarterly in arrears (end of month) or fall (the beginning of the month). Note that if the contract provides for a quarterly payment, the tenant is entitled under Article 7 of the Act of 6 July 1989 to require a monthly payment.
If the landlord wishes to review annually the amount of rent, he must make mention of the rules revisions of the rent in the contract (see next paragraph).
The amount of security deposit:
If a deposit guarantee is provided, the contract must state the amount (Articles 3 and 22 Act of 6 July 1989).
Some clauses may be inserted in the contract by the landlord as long as they are not contrary to law.
It serves to guarantee the obligations of the lessee to the lessor. The deposit is not a compulsory part of the contract, but if a deposit guarantee is provided by the parties, the contract must state the amount (Articles 3 and 22 Act of 6 July 1989). In fact very few contracts are not providing for the payment of a deposit. In any case the latter can not exceed one month’s rent excluding charges. However, if the advance payment of rent is for a period exceeding one month, the landlord may not require payment of a deposit.
Rent review:
The rent review is not mandatory if the donor wishes to revise the rent must be inserted in the contract a clause providing for the. If it provides such a clause, then it should be mandatory to include certain elements.
firstly as regards the date of the review. The latter speak every year at a date fixed by the parties themselves and mentioned in the contract. In the absence of a date fixed together, the review shall take place at the end of each contract year (the anniversary of the signing of the contract).
Regarding the calculation of the revision, it is based on changes in the INSEE index of construction costs, the review clause should therefore refer to the reference date of the INSEE index of construction cost taken into account when calculating the revision. A default is the last index published at the date of signing of the lease to be taken into account.