The rental contract is drawn up in writing. It must specify:
– the name or denomination of the lessor and his domicile or registered office, as well as, where applicable, those of his agent;
– the effective date and duration;
– the consistency and destination of the item rented;
– the designation of the premises and equipment for private use of which the lessee has exclusive use and, where applicable, the list of the parts, equipment and accessories of the building which are the subject of common use;
– the amount of the rent, its terms of payment as well as its possible revision rules;
– the amount of the security deposit, if it is provided for.
An inventory, established jointly by the parties during the handing over and return of the keys or, failing that, by a bailiff, at the initiative of the most diligent party and at costs shared by half, is attached to the contract. When the inventory must be established by a bailiff, the parties are notified by him at least seven days in advance by registered letter with acknowledgment of receipt. In the absence of an inventory of fixtures, the presumption established by article 1731 of the civil code cannot be invoked by that of the parties which obstructed the establishment of the inventory of fixtures.
During the first month of the heating period, the tenant can request that the inventory of fixtures be supplemented by the condition of the heating elements.
When the determination of the amount of the rent is subject to the presentation by the lessor of references to the rents usually charged in the neighborhood for comparable housing under the conditions provided for in article 19, these references are attached to the contract as well as the terms of said article. .
When the building is subject to the status of co-ownership, the lessor co-owner is required to communicate to the tenant the extracts from the co-ownership regulations concerning the destination of the building, the enjoyment and use of the private and common parts and specifying the quota -part relating to the rented lot in each of the expense categories.
The lessor may not invoke the violation of the provisions of this article.
Each party may, at any time, require the other party to draw up a contract in accordance with the provisions of this article. In the event of a free or expensive transfer of the premises, the new lessor is required to notify the lessee of his name or denomination and his domicile or registered office, as well as, where applicable, those of his agent.
|Created by Ordinance n ° 2005-655 of June 8, 2005 art. 22 III (JORF June 9, 2005).
A technical diagnostic file, provided by the lessor, is annexed to the rental contract when it is signed or renewed and includes:
a) As of July 1, 2007, the energy performance diagnosis provided for in Article L. 134-1 of the Construction and Housing Code;
b) As of August 12, 2008, the finding of risk of exposure to lead provided for in Article L. 1334-5 and L. 1334-7 of the Public Health Code.
In the areas mentioned in I of Article L. 125-5 of the Environment Code and from the date set by the decree provided for in VI of the same article, the technical diagnostic file is completed at each change of tenant. by the state of natural and technological risks.
The lessee cannot invoke the information contained in the energy performance diagnosis against the lessor, which is only informative.
As of July 1, 2007, the landlord will keep the energy performance diagnostic available to any prospective tenant.
|Created by Law n ° 2007-309 of March 5, 2007 art. 12 (JORF March 7, 2007).
Information on how to receive television services in the building is provided by the lessor and appended to the rental contract when it is signed or renewed. She understands :
a) Information on whether or not it is possible to receive television services over the air;
b) When an electronic communications network internal to the building distributes television services, information which specifies whether or not the installation allows access to national free-to-air television services by terrestrial hertzian channel in digital or s ” you must contact the service distributor to benefit from the digital “antenna service”, as provided for in the second paragraph of article 34-1 of law n ° 86-1067 of September 30, 1986 relating to freedom of communication ;
c) In the last case provided for by b, information which specifies the contact details of the service distributor to which the tenant must apply to benefit from the digital “antenna service”, as provided for in the second paragraph of article 34-1 of the aforementioned law n ° 86-1067 of September 30, 1986.
The tenant cannot invoke this information against the lessor, which is only informative.