Residential lease: documents submitted by the owner (landlord)

The lease must be made in writing as many copies as there are parties (owner or real estate agent, tenant).

It can take the form of a deed under private signature or a authentic act.

It must contain at least certain information.

It must comply with the regulatory lease model effective on the date of signature of the lease.

When signing the lease or renewing the lease, the owner (or real estate agent) must attach the following documents to the lease:

• Information leaflet
• State of entry done when handing over the keys and the state of the exit premises done when returning keys
• Attestation insurance against rental risks that the tenant has the obligation to subscribe
• TV, Internet access (TNT, fiber...))
• If the owner has required it, the act of surety of the surety or the act of guarantee of the Visale guarantee.
• If the tenant and the landlord have agreed to apply a dilapidated grid, copy of this grid
• If the accommodation is agreed with theAnah: titleContent, copy of the Anah convention
• If the dwelling is in a condominium, an extract from the condominium rules. The excerpt concerns the destination of the building, the enjoyment of the private and common parts. It shall also indicate the share allocated to the dwelling for each category of expenses.

If the accommodation is located in a area of degraded or undignified habitat, the owner (or real estate agent) may be required, before renting the dwelling, to obtain a prior authorization from the town hall, or to file a declaration against receipt. He will have to attach to the lease the authorization, or the declaration receipt.

The owner (or real estate agent) must contact the town hall to find out if the dwelling is concerned by this obligation.

It must also append a technical diagnostic file, which includes the following diagnoses:

• Energy Performance Diagnosis (EPD) valid
• Risk of exposure to lead (Crep)
• State of the indoor electricity installation if the installation is more than 15 years old
• State of the gas interior installation if the installation is more than 15 years old
• Hazard status (natural, mining, technological, seismic, radon...)), if the dwelling is in a relevant area
• Noise Diagnosis, if the dwelling is in a relevant area.

The release must detail the amounts paid by the tenant, distinguishing between the rent and the loads.

When requested by the tenant, the landlord (or real estate agent) must send the tenant a receipt free of charge. With the tenant's agreement, the owner (or real estate agent) can send him the receipt by email.

To make the request for release to the owner (or real estate agent), the tenant can use this template document:

Request a rent receipt from the owner, real estate agency or social landlord

If the tenant pays only part of the rent, the landlord (or real estate agent) must send him a receipt indicating the amount paid.

If a clause in the lease states that the tenant must pay fees to the landlord (or real estate agent) in return for the release or sending, this clause must be considered unwritten, as it is prohibited.

The owner (or real estate agent) must justify the requests for provisions and annual adjustments by sending the tenant the budget estimates and previous results discontinued during the previous accrual of expenses.

One month before the annual regularization, the owner (or real estate agent) must also communicate to the tenant:

• The rental expense statement by nature of loads (electricity, hot water, cold water, elevator...))
• The method of distributing rental charges between the dwellings. And, if necessary, an information note on collective heating and hot water production conditions.

During the 6 months following the sending of the statement, the owner (or the real estate agent) must keep at the disposal of the tenant all these supporting documents.

If requested by the tenant, the landlord (or real estate agent) must provide the summary of housing costs, by mail or by post.

Other documents must be provided periodically, as appropriate:

• If the building is equipped with a device for individualizing the remotely adjustable costs of heating, cooling or domestic hot water, the owner (or real estate agent) must send each month to the tenant information on his consumption of heat, cold or domestic hot water.
• If the water supply contract is not individualized, the owner (or real estate agent) must send the tenant, once a year, the water bill and information on the quality of the water received from the municipality or theEPCI: titleContent competent.

The owner (or real estate agent) who gives leave (or notice) to sell or to live to the tenant, must attach the information notice on the obligations of the owner and on the remedies and compensation of the tenant.