You rent an unfurnished apartment or house to a tenant who makes it his or her principal residence.
The lease is subject to the law of July 6, 1989, which is mandatory.
The lease contract is concluded in writing, for a duration of :
- - 3 years if the lessor is a private individual or a family SCI,
- - 6 years if the lessor is a legal entity.
The lease includes a certain number of indications and diagnostics are annexed to it(Sheet 10-2: mandatory diagnostics for rental). Since August 1, 2015, it must be drawn up according to a standard model and an information notice is attached.
To know: An inventory of fixtures is carried out when the keys are handed over to the tenant and when they are returned. It is established amicably or, failing that, carried out by a bailiff at the expense of both the landlord and the tenant.
During the term of the lease, the tenant pays the rental charges and carries out the routine maintenance of the property and minor repairs. Non-rental repairs are the responsibility of the lessor.
If the tenant wishes to terminate the lease, he/she must give notice by registered letter or by bailiff and respect a 3-month notice period. This notice is reduced to 1 month in case of :
- - obtaining a first job,
- - loss of employment,
- - a new job following the loss of a job,
- - a transfer,
- - in the tense areas defined by decree,
- - if your state of health, established by medical certificate, justifies a change of residence,
- - if the tenant is a beneficiary of the RSA or the disabled adult allowance,
- - if the tenant is a beneficiary of the RSA or the disabled adult allowance, - if the tenant is a victim of domestic violence or violence against a child, as evidenced by a protection order, or if he or she has been prosecuted or convicted,
- - if the tenant has been awarded public housing.
To benefit from a reduced notice period, the tenant must specify the reason and justify it when sending the notice letter. Otherwise, the notice period applicable to the notice is 3 months.
The landlord can give notice for the end of the lease by giving 6 months' notice. His notice is motivated either by his decision to repossess or sell the dwelling(Sheet 12-2: the tenant's pre-emptive rights), or by a legitimate and serious reason, for example when the tenant does not pay his rent or pays it systematically with delay.