Drafting a rental lease that complies with regulations is a delicate exercise, but essential to avoid costly litigation and administrative sanctions. Explanations and advice from Bruno Cantegrel, founder of the rental management platform Monsieur Hugo, solution that has automated 95% of the tasks of real estate landlords and investors for twenty years.
Freely set the rent without checking the supervision rules
In tense areas, the rent is regulated and cannot be set arbitrarily. A Common Mistake Is Ignoring Legislated Rent Limits, which can result in a fine of up to €5,000, or even €15,000 for legal entities. It is crucial to consult the official tools, like the simulator on the service-public.gouv.fr site, to determine the maximum authorized rent.
Overestimate the living space of the home
The law is clear : if the actual surface area is more than 5% less than that indicated in the lease, the tenant can demand a proportional rent reduction. To avoid this risk, call on a certified diagnostician to precisely measure the living space according to the Boutin law.
Forget the termination clause
This clause is essential to terminate the lease in the event of default by the tenant. (non-payment of rent, absence d’assurance habitation, etc.). Without her, you risk not being covered by your unpaid rent guarantee insurance (THE) and not being able to recover your accommodation easily.
Include unfair clauses
The courts are very strict on clauses that disadvantage the tenant. for example, imposing specific insurance or making the tenant pay for the inventory is illegal. These clauses will be considered unwritten, and you could lose credibility and legal effectiveness.
Combine a guarantor and a GLI
The law prohibits requesting both a guarantor and a guarantee of unpaid rent (THE), unless the tenant is a student or apprentice. This rule aims to protect the tenant against a double financial constraint. Make sure you respect this exception to avoid the clause being null and void..
Neglecting the requirements for a furnished rental
Furnished accommodation must meet specific criteria, defined by decree no. 2015-981. It's not enough to add some furniture : the accommodation must be equipped to allow the tenant to live there properly. A detailed inventory of furniture is essential to prove compliance.
Forgetting to provide mandatory diagnostics
The diagnoses (energy performance, natural hazards, lead, electricity, gaz, etc.) are mandatory and must be up to date. Their absence can result in heavy penalties. : up to €37,500 fine and two years in prison. Furthermore, a tenant not informed of the risks can request damages in the event of harm.
HOW TO WRITE A COMPLIANT LEASE ?
To avoid these errors, several solutions exist. Use the official model provided by the State, but be careful : it is minimalist and does not cover all risks. Call a notary for a secure lease, but it can be expensive. Use specialized tools, like the application of Monsieur Hugo, which guides step by step the drafting of the lease and includes protective clauses drafted by lawyers.
