Prohibited clauses in a residential lease

The following clauses are prohibited:

• A clause that authorizes the owner to reduce or eliminate, without equivalent consideration, services provided for in the lease
• A clause that obliges the tenant to sign, in addition to the lease, a contract for the rental of equipment.

The landlord must not oblige the tenant to pay him fees, other than rent and rental expenses.

Consequently, the following clauses are prohibited:

• A clause that obliges the tenant to pay the rent by direct debit, or by signing in advance of drafts, or by promissory note
• A clause that provides that the tenant authorizes the landlord to deduct or have deducted the amount of rent directly from the tenant's salary
• A clause that authorizes the owner to collect fines and penalties in the event of breach of the terms of the lease or the rules and regulations of the building
• A clause that obliges the tenant to pay a fee for the inventory of the exit, when it is not done by a commissioner of justice. Attention, in case of recourse to a commissioner of justice (formerly judicial bailiff and judicial auctioneer), the tenant is liable for half of these costs.
• A clause that obliges the tenant to pay sums, when entering the premises, in addition to the security deposit and rental costs (including real estate agency fees)
• A clause that obliges the tenant to pay a reminder fee or to send the rent receipt, or additional legal costs irreversible costs and expenses
• A clause that obliges the tenant in advance to reimburse the rental repairs on the basis of an estimate made only by the owner.

The tenant must subscribe a home insurance contract for housing.

But a clause that obliges the tenant to take out a home insurance contract with an insurer chosen by the owner is prohibited.

The tenant is at home in the accommodation he occupies.

Consequently, the following clauses, which limit his enjoyment of the dwelling, are prohibited:

• A clause that prohibits the tenant from exercising a political, trade union, associative or confessional activity
• A clause that prohibits the tenant from accommodating people who do not usually live with him.

The tenant must allow access to the housing for the preparation and realization of works that are the responsibility of the owner.

But when these works (or repairs) last more than 21 days, the landlord must grant the tenant a rent reduction proportional to the length of the works.

Accordingly, a clause that prohibits the tenant from requesting a compensation to the owner when the owner has works or repairs done for more than 21 days is prohibited.

The lease must be balanced. The landlord cannot exempt himself from his responsibility or impose on his tenant a systematic responsibility.

Consequently, the following clauses are prohibited:

• A clause that provides for the collective liability of tenants in the event of damage to a common element of the building
• A clause that prohibits the tenant from seeking the owner's responsibility
• A clause that releases the owner from any responsibility
• A clause that provides that the tenant is automatically responsible for the damage found in the housing.

A clause, which provides that the lease is renewed or renewed tacitly (i.e. automatically) for less than 3 years when the owner is a natural person, or less than 6 years where the owner is a legal person, is prohibited.

A clause may oblige the tenant to let visit the dwelling he lives in, when the owner wants to sell it or put it back for rent.

But a clause, which provides that these visits take place on public holidays, or for more than 2 hours working days, is prohibited.

The clause from termination of the lease must not allow the owner to circumvent the regulations in force.

Accordingly, it is forbidden to write a clause which allows the owner to terminate the lease for a reason other than these :

• The tenant does not pay rent or charges,
• The tenant does not pay the security deposit,
• The tenant does not subscribe insurance for rental risks,
• The tenant does not respect the obligation to peacefully use the housing and neighborhood disturbances noted by a court decision that has become res judicata,
• The tenant does not comply with the obligation to use the dwelling exclusively as primary residence. This obligation, called easement of principal residenceshall apply by decision of the Mayor, where the tax on vacant housing is in force, or where second homes represent more than 20% residential buildings. It concerns only new buildings and dwellings resulting from the transformation of a premises.

In addition, it is prohibited to include a clause that allows the owner to obtain the termination of the lease by means of a simple restraining order interim relief that the tenant could not dispute.