GENERAL PROVISIONS
LexInter | December 16, 2011 | 0 Comments

GENERAL PROVISIONS

Article 1

Modified by Law 2002-73 2002-01-17 art. 158 JORF January 18, 2002.
The right to housing is a fundamental right; it is exercised within the framework of the laws which govern it.

The exercise of this right implies the freedom of choice for all people of their mode of residence thanks to the maintenance and the development of a rental sector and a sector of access to property open to all social categories.

No person can be refused the rental of accommodation because of his origin, his surname, his physical appearance, his sex, his marital status, his state of health, his handicap, his morals, his sexual orientation, his political opinions, trade union activities or true or supposed membership or non-membership of a particular ethnic group, nation, race or religion.

In the event of a dispute relating to the application of the preceding paragraph, the person having been refused the rental of accommodation presents factual elements suggesting the existence of direct or indirect discrimination. In view of these elements, it is for the defendant to prove that its decision is justified. The judge forms his conviction after having ordered, if necessary, all the investigative measures he considers useful.

RIGHT TO HOUSING
The reciprocal rights and obligations of landlords and tenants must be balanced in their individual relations as well as in their collective relations. PRINCIPLE OF BALANCE OF RECIPROCAL RIGHTS AND OBLIGATIONS OF LESSORS AND TENANTS
Article 2
Modified by Ordinance n ° 2005-655 of June 8, 2005 art. 22 I (JORF June 9, 2005).
The provisions of this title are of public order. They apply to the rental of premises for main residential use or for mixed professional and main home use as well as to garages, parking spaces, gardens and other premises, rented incidentally to the main premises by the same lessor.

However, they do not apply to seasonal rentals, with the exception of article 3-1, or to hostels, with the exception of the first two paragraphs of article 6 and article 20. -1. They do not apply either, with the exception of article 3-1, the first two paragraphs of article 6 and article 20-1, to furnished premises, to accommodation allocated or rented for the exercise of a function or the occupation of a job, to the leases granted to seasonal workers.

PUBLIC NATURE OF THE LAW 

APPLICATION DOMAIN

l spaces for main living

mixed-use premises for professional and main living

garages, parking spaces, rented incidentally to the main room by the same lessor.

gardens and other premises, rented incidentally to the main premises by the same lessor.

EXCLUSIONS

l seasonal vacancies

furnished premises (except exceptions indicated)

secondary housing to a job

 

Article 3
Modified by Ordinance n ° 2005-655 of June 8, 2005 art. 22 II (JORF June 9, 2005).

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.

Article 3-1
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.

Article 3-2
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.

FORMALISM OF THE CONTRACT

 

INDICATION OF RENT, CHARGES AND SECURITY DEPOSIT

 

STATE OF PLAY

 

COMMUNICATION OF THE CO-OWNERSHIP RULES

Article 4
Modified by Law n ° 2007-297 of March 5, 2007 art. 18 II 1 ° (JORF March 7, 2007).

 

Any clause:

a) Which obliges the tenant, with a view to the sale or rental of the rented premises, to allow it to be visited on public holidays or for more than two hours on working days;

b) By which the lessee is obliged to take out insurance with a company chosen by the lessor;

c) Which imposes as a method of payment of the rent the order of automatic debit from the tenant’s current account or the signing in advance of drafts or promissory notes;

d) By which the lessee authorizes the lessor to deduct or have the rents deducted directly from his wages within the transferable limit;

e) Which provides for the collective liability of tenants in the event of deterioration of a common element of the rented item;

f) By which the tenant commits in advance to reimbursements on the basis of an estimate made unilaterally by the lessor for rental repairs;

g) Which provides for the automatic termination of the contract in the event of non-performance of the tenant’s obligations for a reason other than non-payment of rent, charges, security deposit, non-subscription of risk insurance rental or non-compliance with the obligation to use the rented premises peacefully, resulting from neighborhood disturbances noted by a court decision which has become final;

h) Which authorizes the lessor to reduce or eliminate, without equivalent consideration, the services stipulated in the contract;

i) Which authorizes the lessor to collect fines in the event of an infringement of the clauses of a rental contract or of the building’s internal regulations;

j) Which prohibits the tenant from exercising a political, trade union, associative or confessional activity;

k) Which imposes on the tenant the invoicing of the inventory of fixtures since this one is not established by a judicial officer in the case envisaged by article 3;

l) Which provides for the renewal of the lease by tacit agreement for a period shorter than that provided for in article 10;

m) Which prohibits the lessee from seeking the liability of the lessor or exonerates the lessor from all liability;

n) Which prohibits the tenant from accommodating people who do not usually live with him;

o) Which requires the tenant to pay, when entering the premises, sums of money in addition to those provided for in articles 5 and 22;

p) Who makes the tenant bear the costs of reminding or sending the receipt as well as the procedural costs in addition to the sums paid for costs and Article 700 of the new code of civil procedure;

q) Which provides that the tenant is automatically responsible for the damage observed in the accommodation;

r) Which prohibits the lessee from requesting compensation from the lessor when the latter carries out work lasting more than forty days;

s) Which allows the lessor to obtain the automatic termination of the lease by means of a simple summary order not subject to appeal.

VOID CLAUSES
Article 5
Created by Law 89-462 1989-07-06 JORF July 8, 1989.

The remuneration of persons who engage in or lend their assistance to the establishment of a rental deed of a building belonging to others as defined in article 2 is shared by half between the lessor and the tenant.

Article 6
Modified by Law n ° 2006-872 of July 13, 2006 art. 48 III (JORF July 16, 2006).
The lessor is required to provide the lessee with decent accommodation which does not reveal any obvious risks that could affect physical safety or health and which is equipped with the elements making it suitable for residential use.

The corresponding characteristics are defined by decree of the Council of State for the premises for main residential use or for mixed use mentioned in the first paragraph of article 2 and the premises referred to in the second paragraph of the same article, with the exception of hostels and housing for agricultural workers which are subject to specific regulations.

The lessor is obliged:

a) To deliver to the tenant the accommodation in good condition of use and repair as well as the equipment mentioned in the rental contract in good working order; however, the parties may agree by an express clause on the work that the tenant will perform or have performed and the terms of their charge against the rent; this clause provides for the duration of this charge and, in the event of early departure of the tenant, the terms of his compensation on justification of the expenses incurred; such a clause can only concern accommodation meeting the characteristics defined in application of the first and second paragraphs;

b) To ensure the tenant the peaceful enjoyment of the accommodation and, without prejudice to the provisions of Article 1721 of the Civil Code, to guarantee it against vices or faults likely to hinder it except those which, recorded in the state of places, would have been the subject of the express clause mentioned in a above;

c) To maintain the premises in a condition to serve the use provided for in the contract and to make all the repairs, other than rental, necessary for the maintenance and normal maintenance of the leased premises;

d) Not to oppose the arrangements made by the tenant, as long as these do not constitute a transformation of the item rented.

Article 6-1
Created by Law n ° 2007-297 of March 5, 2007 art. 18 II 2 ° (JORF March 7, 2007).

After duly substantiated formal notice, the owners of premises for residential use must, unless there is a legitimate reason, use the rights they own in order to put an end to neighborhood disturbances caused to third parties by the people who occupy these premises.

LESSOR’S OBLIGATION TO DELIVER

Decent housing,

absence of obvious risks to physical safety or health

presence of elements making it suitable for residential use

guarantee of peaceful enjoyment

maintenance and repair obligation excluding rental repairs

tolerance of arrangements not constituting a transformation of the premises

Article 7
Amended by Law 94-624 1994-07-21 art. 12 JORF July 24, 1994.
The tenant is obliged:

a) To pay the rent and recoverable charges at the agreed terms; the monthly payment is of right when the tenant requests it;

b) To use peacefully the rented premises according to the destination given to them by the rental contract;

c) To answer for damage and losses which occur during the term of the contract in the premises of which it has the exclusive use, unless it proves that they took place by case of force majeure, by the fault of the lessor or by the act of a third party that he has not brought into the accommodation;

d) To take responsibility for the day-to-day maintenance of the accommodation, the equipment mentioned in the contract and minor repairs as well as all rental repairs defined by decree of the Council of State, except if they are caused by obsolescence, poor workmanship, construction defect, fortuitous event or force majeure;

e) To allow work to be carried out in the leased premises to improve the common areas or private areas of the same building, as well as the work necessary for the maintenance and normal maintenance of the leased premises; the provisions of the second and third paragraphs of article 1724 of the civil code are applicable to this work;

f) Not to transform the premises and equipment rented without the written consent of the owner; in the absence of this agreement, the latter may require the tenant, upon leaving the premises, to restore them to their original state or to keep the transformations carried out for their benefit without the tenant being able to claim compensation for the costs incurred; however, the lessor has the option of requiring at the lessee’s expense the immediate return of the premises to their original state when the alterations endanger the proper functioning of the equipment or the safety of the premises;

g) To insure against the risks for which he must respond in his capacity as tenant and to justify them when handing over the keys and then, each year, at the request of the lessor. The justification for this insurance results from the delivery to the lessor of a certificate from the insurer or its representative.

Any clause providing for the automatic termination of the rental contract for lack of insurance by the tenant does not take effect until one month after an order has remained unsuccessful. This command reproduces, on pain of nullity, the provisions of this paragraph.

OBLIGATIONS OF THE TENANT

Main obligations

Payment of rent

peaceful occupancy in accordance with the destination indicated in the rental agreement

guarantee of damage and loss except force majeure or act of a third party not brought into the accommodation

routine maintenance of housing and equipment, minor repairs and rental repairs

insurance against risks to be borne by the tenant

 

Article 8
Created by Law 89-462 1989-07-06 JORF July 8, 1989.

The tenant can neither assign the rental contract, nor sublet the accommodation except with the written agreement of the lessor, including on the price of the rent. The price of the rent per square meter of living space of the sublet premises may not exceed that paid by the main tenant.

In the event of termination of the main contract, the sub-tenant may not invoke any right against the lessor or any title of occupation.

The other provisions of this law are not applicable to the sublease contract.

Article 9
Created by Law 89-462 1989-07-06 JORF July 8, 1989.

When two tenants occupying two dwellings belonging to the same owner and located in the same housing complex request to proceed with an exchange of housing between them, this exchange is of right provided that one of the two families concerned has at least three children and that the effect of the exchange is to increase the surface area of ​​housing occupied by the largest family.

In current contracts, each tenant automatically replaces the one to whom he succeeds and cannot be considered as a new entrant.

These provisions are not applicable when one of the two or both dwellings is subject to the provisions of Chapter III of Title I of Law No. 48-1360 of September 1, 1948 amending and codifying the legislation relating to donor reports. and tenants or occupants of premises for residential or professional use and instituting housing allowances.

Article 9-1
Modified by Law 2000-1208 2000-12-13 art. 189 JORF December 14, 2000.

Notwithstanding the provisions of Articles 515-4 and 1751 of the Civil Code, the notifications or service made in application of this title by the lessor are automatically enforceable against the partner bound by a civil solidarity pact against the lessee or the lessee’s spouse if the The existence of this partner or spouse has not been previously brought to the knowledge of the lessor.

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