Renting a home is never just a simple exchange of keys for a monthly payment. In France, over 40% of households are tenants according to INSEE (2023), and behind every rental lies a structuring document: the rental lease. It sets the framework, establishes the rules of the game, and protects both parties in case of disagreement. When well drafted, it avoids months of tension. When misunderstood, it can turn a calm relationship into a long and costly dispute. In other words, the rental lease is not an administrative formality: it is the backbone of the rental relationship.
The mandatory elements of a rental lease
One might think that a rental agreement can be freely drafted. In reality, the rental lease is strictly governed by law, particularly since the ALUR law and the decree of May 29, 2015, which impose a standard model for primary residences. The goal is simple: to prevent abuses and clarify everyone's commitments. Certain mentions are therefore not negotiable.
The designation of the housing and the parties
Everything starts with the precise identification of the signatories and the rented property. The rental lease must mention the names and contact details of the owner and the tenant, the start date of the agreement, as well as the full address of the property and its living area, calculated according to the Boutin law.
This detail may seem technical, yet it changes everything. If the actual area is more than 5% less than that indicated in the contract, the tenant can request a proportional decrease in rent within four months of signing. Several decisions made in 2023 have reiterated this: the area is a determining element of consent. One does not rent 45 m² like one rents 38 m².
The rental lease must also specify the condition of the property: number of rooms, annexes (cellar, parking), provided equipment. This description protects the tenant against unpleasant surprises, but it also protects the owner by establishing the initial condition of the property. It is a legal photograph of the property at the time of entry.
The amount of rent and charges
Rent is obviously central to a rental lease, but it cannot be set without rules. The contract must clearly indicate the amount of rent excluding charges, the payment date, the payment modalities, and, in some cases, the amount of the last rent applied to the previous tenant.
In more than 1,100 municipalities classified as tight zones in 2024, rents are regulated. In Paris or Lille, for example, the rent cannot exceed a ceiling called “increased reference rent,” unless justified otherwise. In case of unjustified excess, the tenant can contest and obtain a refund. This mechanism has already led to several thousand reports since its implementation.
Charges, often a source of misunderstanding, must also be detailed in the rental lease. They can be settled in the form of provisions with annual adjustments or, in some cases (notably in furnished rentals), in the form of a flat fee. According to ANIL, charges represent on average 20 to 25% of the total housing cost in major cities. Hence the importance of clear drafting: poor anticipation can create a significant gap during the annual adjustment.
The duration and conditions of the rental lease
The duration of the rental lease depends on the type of housing and the status of the landlord. For an unfurnished rental, the minimum duration is 3 years when the owner is a private individual and 6 years when it is a legal entity. In furnished rentals, the duration is typically one year, or 9 months for a student.
These durations are not chosen at random. They aim to ensure stability for the tenant while leaving a controlled margin of maneuver for the owner. The contract must also specify the conditions for renewal and termination modalities.
The security deposit is also part of the key elements of the rental lease. It is limited to one month's rent excluding charges for an unfurnished rental and to two months for a furnished rental. In 2023, the average security deposit in France was around €750, according to market data published by SeLoger. Its return must occur within a maximum period of one month if no damage is noted, or two months in case of justified withholdings. This point often crystallizes tensions: it is better for the rules to be perfectly understood from the moment of signing.
Finally, several diagnostics must be attached to the rental lease: energy performance diagnosis (DPE), state of risks, lead diagnosis for old housing. Since January 2025, housing classified as G in the DPE can no longer be offered for rent. This regulatory change shows how much the rental lease goes beyond the simple contractual relationship: it also becomes a tool of public policy, particularly in terms of energy transition.
The different types of rental lease
Not all leases are the same. Behind the generic term "rental lease" actually lie several legal regimes, each adapted to a specific situation. Duration, taxation, level of flexibility, protection of the parties: the choice of contract directly influences the rental relationship. And a misstep can be costly, especially in the event of a dispute.
The empty rental lease
The empty rental lease remains the most common formula in France. It concerns housing rented without sufficient furniture to allow the tenant to live there immediately. In 2023, about 65% of private sector rentals were empty rentals, according to data from the Ministry of Housing.
Its minimum duration is 3 years when the owner is an individual, and 6 years when it is a legal entity. This framework ensures a certain stability for the tenant. For its part, the landlord can only terminate at the end of the lease, and only to sell the property, take it back to live in (or to accommodate a relative), or for a legitimate and serious reason.
The tenant's notice period is generally 3 months, but it can be reduced to 1 month in certain situations: job transfer, unemployment, getting a first job, or housing located in a tense area. This point significantly changes the game in large cities where mobility is high. A Parisian tenant can thus leave their home with one month's notice, easing professional transitions.
The furnished rental lease
The furnished rental lease follows a different logic. Here, the housing must contain enough furniture to allow the tenant to move in immediately: bedding, cooking plates, refrigerator, table, chairs, dishes, lighting… The minimum list has been set by decree since 2015.
Its standard duration is one year, tacitly renewable. For a student, it can be limited to 9 months, without automatic renewal. This flexibility explains its success: in 2024, nearly a third of new rentals in major metropolitan areas involve furnished housing.
The furnished rental lease also presents a tax advantage for the owner. The income is subject to the regime of industrial and commercial profits (BIC) rather than property income. With the micro-BIC regime, a flat rate deduction of 50% applies (within the limits of current ceilings), compared to 30% in micro-property for an empty rental. This advantage partly explains the growth of furnished rentals in recent years, especially in university towns.
In return, the security deposit can reach two months' rent excluding charges, and tenant turnover is generally more frequent. This model is therefore better suited to mobile profiles than to households looking for long-term stability.
The mobility lease for temporary tenants
Created by the ELAN law in 2018, the mobility lease targets a specific audience: students, interns, employees on temporary assignments, individuals in training or job transfers. Its duration ranges from 1 to 10 months, with no possibility of renewal or extension.
This type of rental lease meets an increasing need for flexibility. In 2023, professional mobility concerned nearly 18% of active individuals who changed jobs within the year, according to DARES. The mobility lease offers a solution tailored to these less linear career paths.
It has two important particularities: no security deposit can be required, and the housing must be furnished. The tenant can leave the premises at any time with one month's notice. For the owner, it is an interesting formula for renting a property temporarily without committing to a long duration, while remaining within a secure framework.
However, this rental lease remains regulated. It cannot be used to bypass standard rules or to artificially chain several contracts for the same property. In case of abuse, requalification as a classic furnished rental may be imposed.
The commercial lease for professional activity
The commercial lease follows a completely different logic. It concerns premises intended for a commercial, artisanal, or industrial activity. Its minimum duration is 9 years, with the possibility for the tenant to terminate every 3 years: it is often referred to as the "3-6-9 lease".
This type of rental lease offers the tenant strong protection, particularly through the right to renewal and eviction compensation in case of unjustified refusal by the owner. For a merchant, this stability is essential: it secures the location, often decisive for profitability.
In contrast, the amounts involved are much higher. The security deposit can represent several months of rent, and charges or work may be allocated differently than in residential leases. Since the Pinel law of 2014, certain clauses have been more strictly regulated, particularly regarding the allocation of major works.
As we can see, under the unique designation of lease agreement, legal realities are multiple. Choosing the right contract is not just a simple administrative detail: it is a strategic decision that influences stability, profitability, and the level of protection for everyone.
The rights and obligations in a lease agreement
Signing a lease is not just about setting a rent and a duration. It is also about accepting a precise balance between rights and obligations. The law governs this relationship to prevent abuses on both sides. In fact, the majority of rental disputes arise from a misunderstanding of these obligations rather than from a genuine bad faith.
The obligations of the landlord
The landlord does not simply collect rent. From the moment the lease is signed, they must provide a decent housing. This means that they must meet specific criteria for minimum surface area (9 m² and 2.20 m ceiling height or 20 m³ of living space), safety, and energy performance.
Since January 2023, housing that consumes more than 450 kWh/m²/year of final energy is considered indecent and can no longer be rented out. And since January 2025, homes classified as G on the energy performance certificate (DPE) are banned from being rented. This regulatory change already has a measurable impact: according to the Ministry of Ecological Transition, about 600,000 homes were classified as G in 2022. For affected landlords, this implies sometimes heavy but unavoidable work.
The landlord must also ensure that the tenant can peacefully enjoy the housing. Specifically, this means that they cannot enter the premises without authorization, even if they have the keys. They must also take care of major repairs, including those related to the structure of the building, the roof, or faulty electrical installations.
Another essential obligation: provide rent receipts upon request and return the security deposit within the legal deadlines. In 2023, nearly 30% of disputes handled by departmental conciliation commissions concerned the return of the security deposit. A proof that this point, although clearly defined, remains sensitive.
The obligations of the tenant in the lease
The tenant, for their part, is not only required to pay the rent. Of course, the monthly payment constitutes the main obligation of the lease. In France, the rate of unpaid rents remains relatively low, around 2 to 3% according to figures from specialized insurers, but the consequences can be severe when they occur.
The tenant must also use the housing peacefully. This means respecting the intended use of the premises, avoiding disturbances to neighbors, and not modifying the property without authorization. Taking down a partition, changing windows, or converting a garage into a bedroom without the landlord's written consent can result in having to restore the property at their expense.
The routine maintenance of the housing is also their responsibility. Rental repairs such as replacing seals, maintaining the boiler, and minor electrical repairs are at their charge. The decree of August 26, 1987 precisely sets out the list of repairs concerned. This division of responsibilities prevents the landlord from bearing costs related to the daily use of the property.
Finally, the tenant must subscribe to a home insurance policy covering rental risks (fire, water damage, explosion). Every year, the landlord may request a certificate from them. In the absence of insurance, they can take out insurance on behalf of the tenant and pass on the cost. This obligation, often seen as a formality, is actually a cornerstone of the legal security of the lease.
Ultimately, the rental lease is based on a balance. The landlord guarantees a compliant and secure housing; the tenant ensures regular payment and respectful usage. When each party understands their role, the rental relationship becomes smooth. When an imbalance arises, tensions quickly appear, and the contract then becomes the essential reference for resolution.
The modification and the end of a lease agreement
A rental lease is not fixed forever. It evolves over time, can be adjusted under certain conditions, and inevitably comes to an end, initiated by either the tenant or the landlord. Again, everything is regulated. The law leaves no room for improvisation, and it is precisely this framework that secures the rental relationship.
Rent revision during the lease
Increasing a rent is not a decision taken lightly. For a revision to be possible, a specific clause must be included in the rental lease. Without this written mention, no annual increase can be applied.
When the clause exists, the revision is made based on the reference rent index (IRL), published quarterly by INSEE. In 2023, the IRL saw a marked increase, with a cap on the increase set at 3.5% for homes subject to the 1989 law, an exceptional measure introduced in response to inflation. Specifically, for a rent of €800, the maximum increase could reach €28 per month.
But be careful: if the landlord does not apply the revision in the year following the scheduled date, they lose the right to demand it retroactively. This deadline is often overlooked. In practice, many landlords inadvertently give up several hundred euros per year for failing to respect the timeline.
In areas subject to rent control, an additional constraint applies: the revised rent must not exceed the authorized ceiling. The rental lease thus becomes a tool to balance the tenant's purchasing power and the profitability for the landlord.
Notice given by the tenant
The tenant enjoys significant freedom to terminate the rental lease. In an unfurnished rental, they can leave at any time, provided they give three months' notice. This notice period is reduced to one month in several situations: a property located in a tight rental market, professional relocation, job loss, obtaining a first job, or justified health reasons.
In practice, in large cities classified as tight rental markets, a one-month notice has become the norm. This flexibility responds to a reality: in 2023, nearly one in five active workers who changed jobs also changed their housing, according to DARES. Professional mobility directly influences the occupation duration.
The notice must be given by registered letter with acknowledgment of receipt, delivered in person against a receipt, or through a bailiff's act. The notice period starts from the receipt of the letter, not from its sending. An important nuance: a few days of delay can represent an additional month of rent.
During the notice period, the tenant remains obligated to pay the rent unless the property is re-rented earlier with the landlord's agreement. The rental lease continues to produce its effects until the effective handover of the keys.
Notice given by the landlord
From the landlord's side, the procedure is more constraining. They can only give notice at the end of the rental lease, and only for three reasons: reclaiming the property to live in, selling the property, or legitimate and serious reasons (repeated unpaid rent, disturbances from neighbors, lack of insurance).
The notice period is six months before the end of the lease for an unfurnished rental and three months for a furnished rental. The notice must also be delivered by registered letter, in person, or through a bailiff's act.
In the case of a sale, the tenant benefits from a preemption right: they have priority to purchase the property under the specified conditions. They generally have two months to accept the offer, extended to four months if they apply for a mortgage. This mechanism protects the tenant against abrupt eviction and promotes access to ownership.
There are also specific protections. A tenant over 65 years old with modest resources cannot be forced to leave the premises without being offered an appropriate rehousing solution, unless the landlord themselves meets certain age or resource conditions.
Ending a lease does not happen on a whim. A procedural error can render the notice void and force the landlord to extend the contract for several more years. Conversely, a tenant who neglects the formalities can delay their departure and incur unexpected charges.
What to remember
The rental lease involves much more than just occupying a dwelling: it sets the financial rules, organizes the duration, protects the rights of each party, and strictly regulates the terms of termination. Among mandatory mentions, the choice of contract type, reciprocal obligations, and end-of-lease procedures, every detail matters. In a context where more than 40% of French households are renters and where regulations are evolving regularly, particularly regarding energy performance, understanding the content of a rental lease is not an option. It is the condition for securing the rental relationship, avoiding disputes, and maintaining a sustainable balance between landlord and tenant.
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