Vacant Residential Lease: Rules, Term, and Clauses for an Unfurnished Rental

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Bail d’habitation vide : règles, durée et clauses pour une location non meublée

A lease for an unfurnished residence sets forth the terms of an unfurnished rental agreement: the term of the lease, the rent amount, the security deposit, the inventory of fixtures, the notice period, mandatory clauses, and accompanying documents.

In Paris's 16th arrondissement, the CENTURY 21 Auteuil Immobilier and CENTURY 21 Auteuil Seine agencies assist landlords in drafting unfurnished lease agreements and managing the rental of their properties.

What is the difference between a lease for an unfurnished residence and a lease for a furnished residence?

An unfurnished lease applies to an unfurnished dwelling—that is, one rented without enough furniture to live in immediately. In contrast, a furnished lease must include the necessary furnishings for daily living.

This difference affects the lease term, the amount of the security deposit, the tenant's notice period, and certain termination rules.

What is the applicable law for leases of vacant residential properties?

Leases for vacant residential properties are primarily governed by the law of July 6, 1989, as amended by the ALUR Act. This framework applies when the dwelling serves as the tenant’s primary residence.

The lease agreement must comply with the standard form provided for by the regulations. ANIL reminds tenants that a written lease is required, even though a verbal lease remains legally valid but carries risks.

How long is a lease for an unfurnished residential property?

The minimum lease term depends on the landlord. It is 3 years if the landlord is an individual, and 6 years if the landlord is a corporation.

At the end of the lease term, the contract is automatically renewed unless either party gives notice of termination in the prescribed manner.

What information must be included in a lease for an unfurnished residential property?

The unfurnished lease agreement must include the names of the landlord and tenant, the address of the dwelling, the living area, the effective date, the term, the rent amount, the service charges, the security deposit, and the payment terms.

It must also specify the relevant provisions: rent adjustments, repairs, termination, a termination clause, and joint liability among roommates, if applicable.

What documents must be attached to a lease for an unfurnished residence?

Several attachments must accompany the lease: technical inspection report, information notice, move-in inventory, the decree on maintenance and tenant repairs, the decree on recoverable service charges, the condominium bylaws if necessary, and—recommended—the depreciation schedule.

The technical inspection file includes, among other things, the Energy Performance Certificate (DPE) and inspections for gas, electricity, lead, or other risks, depending on the property. Service Public lists the applicable standards for these inspections and the mandatory disclosures in the lease agreement.

How is the rent for an unfurnished rental unit determined?

Rent depends on the market, the address, the square footage, the condition of the property, the floor level, the amenities, and rental demand.

In Paris, rent is still subject to rent control. Rent excluding utilities must not exceed the adjusted reference rent, which varies depending on the neighborhood, the number of rooms, the type of lease, and when the dwelling was built.

Security Deposits and Rents: What Are the Rules for Unfurnished Rentals?

For unfurnished rentals, the security deposit may not exceed one month’s rent, excluding utilities. It must be specified in the lease and may not be increased during the term of the lease.

A guarantor is the person or organization that agrees to pay in the event of nonpayment. The guarantee agreement must be clear and in compliance with the relevant regulations.

What are the tenant's rights and obligations under a lease for an unfurnished residential property?

The tenant must pay the rent and utilities, purchase homeowners insurance, maintain the property, and use it in accordance with the terms of the lease.

He is also entitled to decent, peaceful, and compliant housing. He may request a receipt, report necessary repairs, or give notice of termination in accordance with the required notice period.

What are the rights and obligations of a landlord?

The landlord must provide decent housing, supply the required documents, perform repairs that go beyond routine maintenance, and respect the tenant’s privacy.

He may collect rent, require the tenant to obtain home insurance, adjust the rent if the lease provides for it, and take legal action in the event of nonpayment.

How do you terminate a lease for an unoccupied residential property?

The tenant may move out of the apartment at any time, provided they give 3 months’ notice. This notice period is reduced to 1 month in certain cases, particularly in high-demand areas, such as Paris. Service Public confirms that the 3-month notice period applies, except in cases related to the municipality or the tenant’s circumstances.

The landlord may terminate the lease only upon its expiration, in order to sell the property, reclaim the dwelling, or cite a legitimate and serious reason.

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

A poorly drafted lease for an unfurnished property exposes the landlord to delays, disputes, or a complicated termination process. In the 16th arrondissement, rent control, property inspections, and tenant selection require a high degree of diligence.

CENTURY 21 Auteuil Immobilier and CENTURY 21 Auteuil Seine are here to help you estimate the rent, draft the lease, organize the move-in inspection, track rent payments, and handle rental management. Our advisors, who receive ongoing training through Académie 21, adhere to the CENTURY 21 network’s guidelines and the profession’s code of ethics.

For your rental project in Paris’s 16th arrondissement, contact CENTURY 21 Auteuil Immobilier at 01 42 15 16 21, auteuil@century21.fr, or CENTURY 21 Auteuil Seine at 01 56 07 16 21, auteuilseine@century21.fr.

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