Tenancy agreements for French rentals

The tenancy agreement in France is formally called a contrat de location but more commonly is called a bail. French law does recognize a verbal tenancy agreement so be careful what you say to prospective tenants. In the case of a verbal tenancy agreement, the courts only recognize the bare minimum of clauses. A clear and concise, written agreement is always preferable.

In France, there are two forms of written contracts: the privately signed contract or contrat sous seing prive and the officially recorded contract called the contrat authentique. The privately signed contract is drafted and signed directly between private individuals. A lease or tenancy agreement can be executed in this manner. The Officially recorded contract is drafted by a notaire and signed not only by the parties to the contract but also the notaire.

Enforcing an officially drafted tenancy agreement is easier than with a privately signed agreement. When a tenancy agreement is signed in the presence of a notaire it is enforceable as if it is a court ruling. A landlord who is owed rent can give their enforceable copy of the tenancy agreement directly to a bailiff to begin proceedings and collect the debt. Whereas a landlord in possession of a privately signed tenancy agreement must obtain a court order before they can collect from a defaulting tenant.

French law mandates certain text and clauses are included in various types of leases. The omission or infringement of some of those clauses is criminal offences. A landlord with an official tenancy agreement has less liability then one with a private, incomplete agreement.

If a notaire is used, it is common for the costs to be shared between the landlord and tenant.

by Cheryl Hartzman, AboutFrenchProperty.com - Copyright © About French Property