Drafting of the residential lease (rental contract) - empty Accommodation
Verified 01 octobre 2026 - Public Service / (Prime Minister)
Form of the lease
The lease must be made in writing as many copies as there are parties (owner, tenant).
It can take the form of a deed under private signature or a authentic act.
Content of the lease
The content of the lease must be in accordance with regulatory lease model.
Information about the tenant and the owner
In particular, the lease must specify the following information:
- In the case of the owner (lessor): first and last name or surname, address or registered office, natural person or legal person(optional information: mobile phone number, e-mail address),
- If an agent (for example, a real estate agency) represents the owner: name or company name, address, professional activity,
- For the tenant(s): first and last name, (optional information: mobile phone number, email address).
Information on housing
In particular, the lease must specify the following information:
- Housing Tax Identifier (except in Guadeloupe, Martinique, French Guiana, Réunion and Mayotte)
- Destination of the immovable with, if necessary, the easement of principal residence
- Location of the accommodation
- Description of the accommodation (house or apartment, condominium or not, number of rooms) and its equipment for private and common use
- Nature and amount of works made to the dwelling since the last lease (or renewal)
- Class of DPE: titleContent housing (except in Guadeloupe, Martinique, French Guiana, Reunion and Mayotte)
- Living space housing. If it is not mentioned or if it is erroneous, the tenant can bring an action for rent reduction.
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Surface not mentioned
If the living space of the rented dwelling is not mentioned in the lease, the tenant may give formal notice the owner to do so within one month of signing the lease. To do this, he must send the owner a registered letter with acknowledgement of receipt.
The owner in turn has one month to make this clarification.
If the landlord refuses, or if he does not respond within this period, the tenant can refer the matter to the protection litigation judge to get a rent reduction. The tenant must bring the matter before the judge within 3 months of the formal notice given to the owner. The judge to be seised is that of the court on which the rented accommodation depends.
Bad Surface
If the lease mentions an area greater than 5% on the actual surface of the rented dwelling, the tenant can ask the landlord for a rent reduction proportional to the difference observed.
The tenant must send a request to the owner by registered mail with acknowledgement of receipt.
The owner must respond within 2 months of receiving this letter.
If no agreement is reached, or in the absence of a response from the landlord, the tenant can refer the matter to the protection litigation judge to set the rent reduction to be applied. The tenant must refer the matter to the judge within 4 months of sending the application to the owner. The judge to be seised is that of the court on which the rented accommodation depends.
The rent reduction accepted by the landlord, or decided by the judge, applies:
- If the request was made within 6 months of the signing of the lease, from the date of signing of the lease,
- If the request was made more than 6 months after the signing of the lease, from the date of the request.
Information on rent, charges and security deposit
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In Bordeaux
Certain rent information must be included in the lease:
- The amount of the rent and its terms of payment (date and frequency which is usually monthly), as well as its rules of possible revision
- Amount of the last rent applied to the previous tenant (if he has left the dwelling for less than 18 months)
- Amount of reference rent and reference rent plus
- Amount and justification of rent supplement, if necessary
- Terms of payment of loads
- Amount of security deposit if it is planned
- The amount of notional heating expenditure (and the base year of the energy prices used to make this estimate).
In Lille, Hellemmes and Lomme
Certain rent-related information must be included in the lease:
- The amount of the rent and its terms of payment (date and frequency which is usually monthly), as well as its rules of possible revision
- Amount of the last rent applied to the previous tenant (if he has left the dwelling for less than 18 months)
- Amount of reference rent and reference rent plus
- Amount and justification of rent supplement, if necessary
- Terms of payment of loads
- Amount of security deposit if it is planned
- The amount of notional heating expenditure (and the base year of the energy prices used to make this estimate).
In Lyon and Villeurbanne
Certain rent-related information must be included in the lease:
- The amount of the rent and its terms of payment (date and frequency which is usually monthly), as well as its rules of possible revision
- Amount of the last rent applied to the previous tenant (if he has left the dwelling for less than 18 months)
- Amount of reference rent and reference rent plus
- Amount and justification of rent supplement, if necessary
- Terms of payment of loads
- Amount of security deposit if it is planned
- The amount of notional heating expenditure (and the base year of the energy prices used to make this estimate).
In Montpellier
Certain rent information must be included in the lease:
- The amount of the rent and its terms of payment (date and frequency which is usually monthly), as well as its rules of possible revision
- Amount of the last rent applied to the previous tenant (if he has left the dwelling for less than 18 months)
- Amount of reference rent and reference rent plus
- Amount and justification of rent supplement, if necessary
- Terms of payment of loads
- Amount of security deposit if it is planned
- The amount of notional heating expenditure (and the base year of the energy prices used to make this estimate).
In Paris
Certain rent-related information must be included in the lease:
- The amount of the rent and its terms of payment (date and frequency which is usually monthly), as well as its rules of possible revision
- Amount of the last rent applied to the previous tenant (if he has left the dwelling for less than 18 months)
- Amount of reference rent and reference rent plus
- Amount and justification of rent supplement, if necessary
- Terms of payment of loads
- Amount of security deposit if it is planned
- The amount of notional heating expenditure (and the base year of the energy prices used to make this estimate).
On the territory of Est Ensemble
On the territory d'Est Together, certain rent-related information must be included in the lease:
- The amount of the rent and its terms of payment (date and frequency which is usually monthly), as well as its rules of possible revision
- Amount of the last rent applied to the previous tenant (if he has left the dwelling for less than 18 months)
- Amount of reference rent and reference rent plus
- Amount and justification of rent supplement, if necessary
- Terms of payment of loads
- Amount of security deposit if it is planned
- The amount of notional heating expenditure (and the base year of the energy prices used to make this estimate).
On a part of the territory of Grenoble-Alpes Métropole
The municipalities concerned are:
- Bresson, Claix, Domène, Eybens, Fontanil-Cornillon, Gières, Meylan, Murianette, Poisat, La Tronche, Seyssins, Varces-Allières-et-Risset, and Venon,
- And part of Echirolles, Fontaine, Grenoble, Le Pont-de-Claix, Saint-Égrève, Saint-Martin-d'Hères, Sassenage, Seyssinet-Pariset.
You can know if the address of your accommodation is concerned using this simulator :
Grenoble-Alpes Métropole: find out if housing is concerned by rent control and test its rent
In this part of the territory of Grenoble-Alpes metropolis, certain information related to the rent must be inserted in the lease:
- The amount of the rent and its terms of payment (date and frequency which is usually monthly), as well as its rules of possible revision
- Amount of the last rent applied to the previous tenant (if he has left the dwelling for less than 18 months)
- Amount of reference rent and reference rent plus
- Amount and justification of rent supplement, if necessary
- Terms of payment of loads
- Amount of security deposit if it is planned
- The amount of notional heating expenditure (and the base year of the energy prices used to make this estimate).
On the territory of the Basque Country
On the territory of the community of agglomeration Basque Country, certain rent information shall be included in the lease:
- The amount of the rent and its terms of payment (date and frequency which is usually monthly), as well as its rules of possible revision
- Amount of the last rent applied to the previous tenant (if he has left the dwelling for less than 18 months)
- Amount of reference rent and reference rent plus
- Amount and justification of rent supplement, if necessary
- Terms of payment of loads
- Amount of security deposit if it is planned
- The amount of notional heating expenditure (and the base year of the energy prices used to make this estimate).
On the territory of Plaine Commune
On the territory of Common Plain, certain rent-related information must be included in the lease:
- The amount of the rent and its terms of payment (date and frequency which is usually monthly), as well as its rules of possible revision
- Amount of the last rent applied to the previous tenant (if he has left the dwelling for less than 18 months)
- Amount of reference rent and reference rent plus
- Amount and justification of rent supplement, if necessary
- Terms of payment of loads
- Amount of security deposit if it is planned
- The amount of notional heating expenditure (and the base year of the energy prices used to make this estimate).
Other municipality
Certain rent information must be included in the lease:
- The amount of the rent and its terms of payment (date and frequency which is usually monthly), as well as its rules of possible revision
- Amount of the last rent applied to the previous tenant (if he has left the dwelling for less than 18 months)
- Terms of payment of loads
- Amount of security deposit if it is planned
- The amount of theoretical heating expenditure (and the base year of the energy prices used to make this estimate)
Information on real estate agency fees
If the landlord uses a professional to rent the property, the lease must include the following information:
- Rules on cost-sharing (reproduction of Section 5 I of the 1989 Act)
- Amounts of billing limits applicable to the tenant.
Resolutive clause
The lease must contain a resolution clause, which allows the termination of the lease in the following cases:
- The tenant does not pay the security deposit,
- The tenant does not pay rent or charges.
The lease may contain a resolution clause, which allows the termination of the lease in the following cases:
- The tenant does not subscribe insurance of rental risks,
- The tenant does not respect the obligation to peacefully use the rented premises and causes 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.
Other clause
The tenant and the landlord may agree to include other clauses in the lease. But they should not be included in the list of prohibited clauses. If such a clause is included in the lease, it shall not be applied. These include:
- imposing as a method of payment of rent the automatic debit
- or prohibiting the tenant from accommodating persons not ordinarily living with him
- or providing for the costs of issuing or sending receipts.
Documents attached to the lease
A technical diagnostic file must be attached to the lease. The file shall include the following documents:
- 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.
FYI
It is recommended to make an asbestos diagnosis available to the tenant.
The technical diagnostic file must be made by a certified diagnoser. The owner (or real estate agency) sends this file to the tenant by email, unless the tenant objects.
Other documents must also be attached 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.
Duration of the lease
The lease must indicate the effective date of the lease, and the term of the lease.
The lease must be concluded for a minimum period of:
- 3 years, when the owner is an individual,
- 6 years, when the owner is a legal person (for example a business, an association).
By exception, the duration may be less than 3 years (or 6 years), but at least 1 year, if the owner plans to take back his home for family or professional reasons. Example: a landlord who retires, which forces him to take back his home.
The reason for taking over that shorter period must be included in the lease.
The landlord must confirm to the tenant, at least 2 months before the end of the lease, that the event is completed and that he will take over the housing on the scheduled date. The owner must send this confirmation by registered letter with acknowledgement of receipt.
Where the event has not occurred or has not been confirmed, the lease must continue for a period of 3 years.
Renewal of the lease
At the end of the lease, and if notice (leave) given by the owner or the tenant, the lease is:
- Be renewed on the proposal of the owner
- Either renewed automatically.
Who can help me?
Find who can answer your questions in your region
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and cannot therefore provide information on their progress.
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- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you belong to the ministry in charge of housing and urban planning.
- Departmental Agency for Housing Information (Adil)
Mandatory particulars
empty Accommodation: area gap
Agency Fee Disclosures
Duration of the lease
Mandatory resolution clause
empty or furnished Accommodation: diagnostic file
Resolutive clause
empty or furnished Accommodation: gas diagnosis
empty or furnished Accommodation: diagnosis electricity
empty or furnished Accommodation: asbestos diagnosis
Servitude of principal residence
Rent supplement (Article 3)
Furnished Accommodation: furnishing criteria since September 1, 2015
FAQ
Legifrance
Ministry for the Environment