The 7 obligations to be observed for a tenant

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Whatever rental (furnished or empty), the tenant must have up -to -date insurance.It must guarantee at least its responsibility vis-à-vis the owner for damage caused by fire, explosion or water damage.This is a rental risk guarantee, which does not cover the possessions of the occupier or the damage caused to the neighbors.To guarantee his goods, he must take out multi -risk home insurance (MRH).

Regardless of the insurance chosen, the tenant must be able to present his insurance certificate when he entered the premises.The annual renewal of the insurance contract must also be reported to the owner or his representative (real estate agency for example) at his request.

If the tenant is not insured, the lessor must send him a command by bailiff so that he puts himself in order.When the occupant does not comply with it, the owner may terminate the rental lease, provided that a clause registered in the contract authorizes him.

To avoid getting there, the lessor can also take out home insurance on behalf of the tenant, effective one month after "a command remained unsuccessful" (formal notice).He makes her pay, with a maximum increase of 10%, at the same time as the rent.Once this option has been chosen, the owner can no longer request the termination of the lease for lack of insurance.

To go further: how to choose good home insurance?

Pay the rent and charges

By signing his contract, the tenant undertakes to pay rent and charges every month* throughout the length of the lease.All of the sums due must be paid, knowing that the lessor can refuse partial settlement.

Payment must take place on the date fixed in the lease contract, such as the 1st or 5 of the month.In practice, tolerance is accepted.For a regulation requested at the start of the month, the rent can be paid until the 10th of the month without a delay being reported.

The owner cannot impose any particular method of payment on the tenant.The latter must give his authorization to the direct debit of rent.If he refuses, he can pay by transfer or check.The cash regulations are also allowed, within the limit of 1.Euros.

Namely: the levy of rent from the tenant's salary is prohibited in all circumstances.

*The owner can choose another frequency of payment of the rent (every three months for example).The monthly regulations may however be imposed on the tenant's request.

Maintain housing and manage rental repairs

Once in the premises, the tenant is responsible for the maintenance of the property and his equipment.Concretely, this means that it must ensure the proper functioning of the windows (opening, mastics and windows), locks, switches and other taps, the cleanliness of the evacuation conduits and pipes and that of the floors and walls.In the event of a problem (defective tap, water leak, holes on the wall ...), it is up to the occupant to take care of, materially and financially, these so -called rental repairs.

Example: the smoke detector The law requires the installation of a smoke detector in all accommodation.The owner must provide this equipment to the tenant.In return, the occupant must ensure its operation, maintenance and possible replacement.

In the event of a breach, the tenant's exit inventory may lead to a deduction, total or partial, on the security deposit paid upon arrival.This puncture must be justified by the lessor, using the quotes or invoices of the work he has started to restore the property.

Namely: when the owner lets his accommodation deteriorate and reach an advanced state of obsolescence, the tenant is no longer held responsible for rental repairs.

Accept work ...

Normally, an owner does not have a "right of visit", that is to say that he cannot enter as he sees fit in the rental.However, he can invite himself or bring building workers back to his tenant to carry out certain works, namely:

-urgent repairs (example: replacement of the water heater broken down);-improvement work voted by the condominium (example: installation of individual meters or distributors of heating costs);-work required for maintenanceIn the state and maintenance of housing (example: repair of a controlled mechanical ventilation system (VMC) broken down); - Energy performance work (examples: improvement of thermal insulation of the walls, replacement of windowsor heating by more economical equipment); - work to achieve the decency criteria of a housing (example: repair of a defective electrical system).

The tenant must be informed about the nature and the terms of the site, by a notification set up by hand or sent by registered letter with acknowledgment of receipt.He cannot oppose the work during the week.On the other hand, it is not forced to open your door on Saturdays, Sundays and holidays.

If the site lasts more than 21 days, compensation is provided, in the form of a reduction in rent.This is proportional to the duration of the disturbance and the living area mobilized.

When the work makes housing uninhabitable or dangerous, do not respect the indications given beforehand or have an abusive or vexatious nature to encourage them to leave, the tenant may seize the district court to request the interruption, or evenProhibition of the site.

... and give up others

The tenant is not free to carry out the work he wishes during the lease.More specifically, he must obtain the written authorization of the owner to carry out so -called transformation work.Works such as the enlargement of a door, the withdrawal of a parquet or the installation of a veranda are thus subject to the agreement of the lessor.In general, the same goes for all the work that affects the structural work or modify the distribution of the accommodation (slaughter of a partition, transformation of a room into a kitchen ...).

The law however authorizes the tenant to carry out so -called development work, such as the change of a carpet or the installation of a new painting.However, it is recommended to talk about it beforehand with the owner to avoid any misunderstanding.

At the end of the lease, the owner has the choice.He can decide to keep the transformations and developments, without having to compensate the tenant.But he can also request the restoration in the state of the accommodation at the expense of the occupier.

Namely: if the lessor authorized the tenant to carry out work adapting to housing to the elderly or disabled, he cannot ask him for restoration of the inventory when he leaves his departure.

Do not put the accommodation in sublet without authorization

The occupant of an empty rental does not have the right to sublet his accommodation without the written agreement of the owner.This rule also applies to furnished rentals, when the lease was signed after March 27, 2014.The amount of the underside, which cannot exceed that of the main rent, must also be validated by the owner.

Unauthorized sublet can lead to the termination of the lease contract and legal proceedings.

To go further: sublet, the rules to follow to avoid a fine

Respect the departure notice before returning the keys

Leave cannot be improvised at the last minute.The tenant must send a departure notice to the lessor.Usually it must be sent three months before departure.

A shortened period of one month applies to furnished rentals as well as certain empty rental situations (obtaining a first job, transfer, dismissal, etc.).In major cities, one month's notice prevails in all cases.28 agglomerations and 1.151 municipalities are affected.See the list here

From the date of deposit of the notice to that of the effective move, the owner may show the accommodation in order to replace it or find a buyer.The occupant cannot oppose it and must agree with the lessor for the passage schedules.The law allows visits during working days, Saturday included, up to two hours per day.If he wishes, the tenant can leave a set of keys to the lessor and give him compulsory written authorization required to carry out visits in his absence.However, he is not forced into it and can refuse to provide the keys.

Finally, before the delivery of the keys, the presence of the tenant is required to establish the inventory of exit.

Namely: the security deposit paid at the entrance to the accommodation is in no way used to pay the last month of rent.Regular payment of rent is required until the keys are handed over.