Landlord: Role, Rights, and Obligations

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Bailleur : rôle, droits et obligations

Our real estate agency in Paris's 16th arrondissement, our CENTURY 21 Auteuil Immobilier and Auteuil Seine offices will explain the landlord’s essential role, their rights, their legal obligations, and best practices for stress-free rental management that complies with the law.

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.

Submit the required documents

These include, in particular, the following documents:

  • Rent Receipts ;
  • Accrual of expenses;
  • Required documents attached to the lease.

What documents can a landlord ask a tenant to provide?

To assess the tenant's creditworthiness, the landlord may require:

  • A form of identification;
  • Proof of address;
  • Proof of income;
  • A tax notice;
  • Proof of employment.

The guarantor, if applicable, must also provide supporting documentation. This step is essential for minimizing unpaid bills.

What are a landlord's rights?

The landlord retains several key rights. First, the landlord may collect rent and rental expenses, and request the necessary documentation in accordance with the law. The landlord is also entitled to refuse certain modifications if they alter the nature of the dwelling. 

The landlord may give the tenant notice to vacate, but only under strictly defined conditions, such as to sell the property, to reclaim it for personal use, or for a legitimate and serious reason. 

Finally, in the event of nonpayment of rent or serious breaches by the tenant, the landlord may initiate appropriate legal proceedings to enforce his or her rights.

What are some options for managing a property as a landlord?

The landlord has two options:

  1. Active management, which requires time, sound legal knowledge, and constant vigilance;
  2. Rental management delegated to an agency. The agency handles finding tenants, screening applicants, drafting the lease, conducting the move-in inspection, day-to-day management, repairs, and administrative tasks.

What are the tax implications for a landlord?

Tax treatment depends on the type of lease. For an unfurnished lease, the landlord is subject to the real estate tax regime—either the simplified real estate tax regime or the actual income tax regime. 

On the other hand, for a furnished rental, the landlord qualifies for LMNP or LMP status, which is generally more advantageous because it allows for the depreciation of both the property and the furnishings, thereby significantly reducing the tax on rental income.

How should a landlord handle disputes with a tenant?

In the event of a dispute, the recommended course of action is to first attempt an amicable resolution. If this initial step fails, the landlord may then send a registered letter to formalize their request. 

Mediation or conciliation may then be initiated to find a solution. As a last resort, if no agreement is reached, the matter may be brought before a court. 

Good to Know : The most common disputes involve unpaid rent, neighborhood disturbances, and the return of the security deposit.

How can our CENTURY 21 Auteuil and Auteuil Seine offices help you?

Our CENTURY 21 Auteuil Immobilier and Auteuil Seine offices will guide you through every step of renting out and managing your rental property. Our dedicated team offers you its legal, technical, and tax expertise to ensure a secure rental experience and maximize the profitability of your property.

Our team is here to answer any questions you may have regarding your real estate projects—whether you’re selling, buying, or managing rental properties. Please feel free to contact our two real estate agencies, CENTURY 21 Auteuil Immobilier and CENTURY 21 Auteuil Seine, by phone at 01 42 15 16 21 or 01 56 07 16 21, or by email: auteuil@century21.fr and auteuilseine@century21.fr.

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