Tenancy agreement: mandatory information and prohibited clauses

A tenancy agreement for a dwelling occupied as a main residence must be drawn up in writing and follow the statutory template. For both landlord and tenant, this document sets out each party’s rights and obligations and brings together the information that must be clearly stated to limit disputes.

Difficulties often arise from an incomplete contract, a missing annex or an unlawful clause. According to the official information sheet on tenancy agreements, certain details must appear in the tenancy agreement. According to Service-Public.fr on prohibited clauses, other provisions are deemed unwritten.

Key points to remember

• The contract must be in writing, drawn up in one copy for each party and comply with the statutory tenancy agreement template.
• The tenancy agreement notably states the identity of the parties, the property’s characteristics, the habitable floor area, the rent, the charges, the deposit if applicable, and the start date.
• A prohibited clause does not apply, for example, charges for sending a rent receipt.

A compliant written document is the foundation of the contract

For a property let as the tenant’s main residence, the tenancy agreement must be made in writing. It may take the form of a privately signed deed or an authenticated deed. A copy must be provided for each party.

The content must comply with the statutory template in force on the date of signature. Certain details are mandatory and certain clauses cannot be added.

For homes let year-round, owners who wish to delegate administrative follow-up can also find out about year-round property management with PCG Gestion, the sister company of Cabinet Soudey. This does not concern holiday lets.

The information that must appear in the tenancy agreement

Identity of the parties

For the owner, the contract must specify their first name and surname or corporate name, their address or registered office, and whether they are an individual or a legal entity. A mobile telephone number and email address are optional.

If the owner is represented by an agent, the tenancy agreement must also state the name or corporate name of that agent, their address and professional activity. For the tenant or tenants, the tenancy agreement states their surname and first name. The email address may be added optionally.

Property description

The tenancy agreement must contain several pieces of information about the property:

• its tax identifier, excluding Guadeloupe, Martinique, French Guiana, Réunion and Mayotte;
• the intended use of the building and, where applicable, the indication of the main residence easement ;
• the characteristics of the property, in particular whether it is a house or flat, in a co-ownership or not, and the number of rooms ;
• private and communal facilities;
• the nature and amount of the work carried out since the last tenancy agreement or its last renewal;
• the DPE rating, excluding Guadeloupe, Martinique, French Guiana, Réunion and Mayotte ;
• the habitable floor area.

The main-residence servitude is subject to a specific framework. It results from a decision by the mayor, in a municipality where the tax on vacant homes applies or where second homes account for more than 20 % of residential buildings. It concerns new homes and those created by converting premises.

Rent, charges and deposit

The tenancy agreement must also state the financial details of the contract:

• the amount of the rent ;
• its payment terms, including the date and frequency, generally monthly;
• the rules for any revision;
• the last rent requested from the previous tenant when they left the accommodation less than 18 months ago;
• the arrangements for paying the charges;
• the amount of the security deposit, if applicable ;
• the estimated amount of heating expenditure, with the reference year for the energy prices used for this estimate.

In some areas subject to rent controls, the tenancy agreement must also state the reference rent, the increased reference rent and, where applicable, the rent supplement together with its justifications. The administration specifically mentions Est Ensemble, Plaine Commune, the Basque Country and part of the Grenoble-Alpes Métropole area.

Prohibited clauses that must not be overlooked

A prohibited clause must be treated as unwritten. Even if it appears in the tenancy agreement, it must not be applied.

Clauses that impose abusive fees or payment methods

• require direct debit or the advance signing of bills of exchange or promissory notes as a method of paying the rent ;
• authorise a direct deduction from the salary;
• provide for fines or penalties in the event of a breach of the lease or house rules;
• make the tenant pay for the check-out inventory when it is not carried out by a judicial commissioner ;
• impose sums upon taking possession of the property in addition to the security deposit and rental set-up fees ;
• charge reminder fees, rent receipt mailing fees or legal fees in addition to recoverable costs and non-recoverable legal fees ;
• require in advance reimbursement for rental repairs solely on the basis of an estimate by the owner.

Where the inventory cannot be drawn up amicably, it is prepared by a judicial officer, at the initiative of the more diligent party, with the costs shared equally between the landlord and the tenant, at a cost set by decree.

Clauses that unduly restrict the use of the accommodation

• prohibit the tenant from engaging in political, trade union, association or religious activities ;
• require the tenant to take out home insurance with an insurer chosen by the landlord.

Clauses that unbalance responsibilities

• provide for the collective liability of tenants for damage in communal areas;
• prevent the tenant from seeking to hold the owner liable ;
• release the owner from all liability;
• make the tenant automatically liable for damage found in the property.

Clauses relating to termination

• allow the owner to obtain termination by a simple interim order which the tenant could not challenge.

The special case of habitable floor area

The habitable floor area is not a secondary detail. If it does not appear in the tenancy agreement, the tenant may formally require the landlord to specify it within the month following the tenancy’s commencement, by recorded delivery with acknowledgement of receipt. The landlord then has one month to complete this information.

If the floor area stated in the tenancy agreement is more than 5 % greater than the actual floor area, the tenant may request a rent reduction proportionate to the discrepancy found.

The effective date of the reduction depends on when the request is made: if it is made within 6 months of the lease taking effect, the reduction applies from the date of signing; beyond that, it takes effect from the date of the request.

Read carefully before signing

Before signing, landlord and tenant should check the contents of the agreement, the documents provided, the payment arrangements, the term and the special clauses. A precise tenancy agreement reduces the risk of misunderstanding.

To see properties offered for year-round rental on the Alabaster Coast, you can view the properties currently available to rent. If in doubt about a specific clause or a particular situation, ADIL or a legal professional can usefully check the contract before signing.

Frequently asked questions