Landlord: What Is Their Role and What Are Their Obligations?
What is a landlord, and how does a landlord differ from a property owner?
The landlord is the individual or legal entity that makes a property available to a tenant in exchange for rent. This may be the owner themselves or their legal representative, such as a real estate agency responsible for rental management.
People often confuse a landlord with a property owner, but there is a subtle difference:
- The owner owns the property;
- The landlord is the person who rents out the property.
Thus, a property owner becomes a landlord only when he or she signs a lease agreement with a tenant. Conversely, an agency may act as the landlord on behalf of a property owner under a property management agreement.
What are the different types of rental agreements offered by a landlord?
There are several types of leases, depending on the nature of the rental and the use of the property:
- A lease for an unfurnished residential property, valid for 3 years (private landlord) or 6 years (commercial landlord);
- The furnished residential lease, with a term of one year, renewable, or nine months for students;
- The Civil Code Lease Agreement, intended either for use as a second home by individuals or by companies;
- The commercial lease, intended for commercial, industrial, or craft activities;
- The commercial lease, typically used by independent professionals;
- The special lease, known as a “short-term” lease, is limited to 3 years for the operation of a business.
Each lease involves specific rules: term, taxation, notice of termination, required amenities, and termination procedures.
How should a landlord draft a lease agreement?
The lease agreement is governed by the ALUR Act and must include 11 sections, 4 of which are mandatory.
In particular, the lease must include the following:
- The identities of the landlord and the tenant;
- A detailed description of the accommodation;
- The term of the lease and its effective date;
- The amount of rent, the service charges, and the payment terms.
Required attachments include theinventory, the technical diagnostics, the information sheet, and an excerpt from the condominium bylaws.
Good to Know : Optional sections can be added to the lease to better protect the landlord: repairs, fees, specific clauses, etc.
What are a landlord's legal obligations?
Under the law of July 6, 1989, the landlord must comply with several obligations:
Provide Decent Housing
The housing must:
- To be safe and healthy;
- Provide a minimum floor area of 9 m² or a living space volume of 20 m³;
- To be free of pests and parasites;
- Have an energy performance of less than 450 kWh/m²/year;
- Include essential amenities (heating, drinking water, wastewater disposal, etc.).
Carry out the necessary work
The landlord is responsible for major repairs and structural maintenance of the dwelling. The tenant is responsible only for routine maintenance.
Respect the tenant's peace and quiet
The landlord may not enter the dwelling without permission and must take action in the event of neighborhood disturbances caused by the tenant.
