Put under management
Feb 9, 2026
6 minutes
In terms of rental real estate, drafting the rental lease constitutes a central legal act, which durably frames the rights and obligations of the Landlord and the tenant. In property management, this step raises a recurring question: who actually drafts the lease contract and under what responsibility? Between delegating to a real estate agency, the intervention of a property manager, or direct drafting by the owner, practices vary according to the chosen mode of property management and the contractual framework adopted. Understanding the applicable rules helps secure the rental relationship and preserve rental income.
The lease written by the property manager
The role of the management mandate
When the owner entrusts their property to a real estate agency as part of a complete rental management, the drafting of the rental lease is generally ensured by the manager. This task directly results from the rental management mandate, also known as a rental management contract, which specifies the extent of the powers entrusted to the professional.
This contract authorizes the manager, often a property administrator, to carry out the necessary acts for leasing the housing, including the drafting and signing of the rental contract. In this context, the management of the lease is part of a global approach that includes tenant selection, organization of the inventory of fixtures, collecting rent, and monitoring rental charges. The landlord retains ownership of the property but delegates the legal and administrative management to a professional who is subject to the Hoguet law and has professional civil liability insurance.
The rental management mandate thus constitutes the legal foundation that allows the manager to draft the lease on behalf of the owner, in compliance with the regulations in force.
The legal compliance of the lease
One of the main advantages of entrusting the drafting of the rental lease to a professional lies in the legal compliance of the contract. The manager is required to apply the rules arising from the Law of July 6, 1989, the ALUR Law, and more broadly, the relevant provisions of the Civil Code. This mastery of the legal framework helps secure the rental contract, especially in unfurnished rentals, where the formalities are strictly regulated.
The lease drafted by a manager in rental management generally includes all the mandatory clauses while excluding prohibited or abusive stipulations. It is adapted to the situation of the dwelling, its use, and the nature of the concerned real estate rental. This rigor limits the risks of later disputes and facilitates the management of any legal procedures in case of a conflict.
Even if the Landlord remains legally bound by the rental contract, resorting to a professional in property management significantly reduces the risks of error in a regulatory context that is constantly evolving.
The lease drafted by the owner
Situations without complete management
In certain configurations, the drafting of the lease is the direct responsibility of the owner. This is the case when the owner has not subscribed to a complete property management, or when they have opted for partial property management, limited for example to finding a tenant or collecting rents.
In the absence of a property management contract covering the drafting of the lease, the landlord must establish the rental contract themselves. This situation is common among owners who manage the lease themselves, without going through a real estate agency or a property administrator. It may also concern certain cases of seasonal property management, where contracts obey specific rules.
However, this autonomy requires a perfect understanding of the current regulations, or it risks legally weakening the rental relationship from its creation.
The responsibilities of the landlord
When drafting the lease themselves, the owner assumes all the legal responsibilities attached to the contract. It is their duty to ensure the document complies with the Law of July 6, 1989, the ALUR Law, and the general principles of the Civil Code, while respecting the obligations specific to real estate rental.
A drafting error, an illegal clause, or an omission can have significant consequences, especially in the event of a dispute regarding the amount of rent, the security deposit, or rental charges. Relying on generic templates found online frequently exposes landlords to this type of risk, due to a lack of adaptation to the local real estate market or the specific situation of the property.
Writing the rental lease yourself therefore implies constant vigilance and regular updates of legal knowledge, in order to preserve the validity of the contract and the stability of rental income.
The rules to follow for the lease
The Mandatory Terms of the Lease
Whether drafted by a professional in property management or directly by the landlord, the lease must include a certain number of mandatory terms. This essential information helps frame the contractual relationship and ensures transparency between the parties.
The lease agreement must particularly specify the identities of the parties, the description of the property, the effective date, the duration of the contract, the amount of rent, the payment methods, the security deposit, as well as any rules for potential rent revision. These elements are essential to ensure the validity of the lease and facilitate its management over time.
Any omission or inaccuracy may lead to the unenforceability of certain clauses against the tenant, or even complicate the execution of the lease in case of disagreement.
The Legal Attachments to be Provided
Current regulations also require the annexation of several documents to the lease. These annexes aim to inform the tenant about the condition of the property, its technical characteristics, or potential risks. The inventory, established upon entry into the premises, is a fundamental document for lease management and the return of the security deposit.
Other documents must be attached to the lease agreement, particularly those relating to home insurance, mandatory diagnostics, or the rules applicable within the co-ownership, in connection with the property management company. Their absence can be penalized and weaken the position of the landlord in the event of legal proceedings.
The drafting of the lease cannot therefore be dissociated from the complete formation of its contractual file.
The Consequences in Case of Error
The consequences of an error in drafting the lease can be severe. A non-compliant clause may be deemed unwritten, a breach of legal obligations can lead to sanctions, and an imprecise contract complicates the management of disputes, particularly regarding the collection of rents or the return of the property.
In the most conflicting situations, a poorly drafted lease can force the Landlord to initiate legal proceedings, sometimes lengthy and costly, often preceded by the sending of a registered letter. These risks highlight the importance of considering the lease as a true legal act, not just a simple administrative formality.
What to remember
In property management, the drafting of the lease closely depends on the chosen real estate management method and the content of the mandate entrusted to the professional. When it is handled by a real estate agency or a property manager, it offers a high level of legal security and facilitates the daily management of the lease. Conversely, a drafting undertaken directly by the owner involves increased responsibility and a thorough understanding of the applicable regulations. In all cases, a well-drafted lease agreement constitutes the essential foundation for a smooth and lasting rental experience.
Also discover
