This type of contract is governed by the provisions of the Civil Code relating to the lease (Article 1708 et seq.)
No text does writing a writing. An oral lease is indeed quite possible. However, for reasons obvious evidence for and prevent any future challenge, it is best to conclude a written contract, which will specify, in addition to the name and address of the parties, the essential terms and conditions of rental, including consistency and destination of the premises, the rental period (with the days and times of arrival and departure), its price, the deposit guarantee and possible general obligations of the tenant.
It is clear however, that ordonnancen ° 2001-741 of 23 August 2001 (OJ 25 August), applicable to lease contracts concluded at a distance, now provides protection tenant: the latter must receive written or on another durable medium, the contract offer containing the following information;
- the name of the service provider, telephone number, address, or if s' acts of a corporation, its registered office and, if different, the address of the institution in charge of the bid;
- payment terms, execution;
- the existence of a right withdrawal (7 days Euro);
- the validity of the offer and the price thereof.
Moreover, it is common practice to request an advance at the time of booking. Should be distinguished according that the sum so paid is a deposit or legal deposit.
The consequences are indeed different depending on qualification. Thus, if the tenant pays a deposit, he may waive rent the property by abandoning the payment. The landlord may also decide not to rent his property, but must then pay the tenant double the amount paid. However, if the advance is paid a deposit, the contract is considered final, so if the tenant withdraws, he must pay the full agreed price if the lessor cancels, he must pay the tenant damages and interest for préjuidce suffered. It is
Note that if the contract is silent on this issue, the advance payment is supposed to be a deposit.
regards the exact nature of the leased property, it is recommended that the tenant be careful before making any booking (must request more written information about the consistency of the leased property and its accessories on the environment) and the lessor to be as objective as possible in the description of the property included in such an ad, on pain of liability. If the tenant feels as has been misled about the nature of the leased property, it may require a reduction in the expected price. Failing agreement the landlord, he may apply to the Provincial Directorate of Competition and Fraud: all the documents in its possession will be provided (ad, exchange of correspondence with the landlord where it will describe the property , etc., as well as photos of the property).
BETWEEN THE UNDERSIGNED
M. .. (Full name) residing at
...
acting in his capacity as owner
hereinafter (e) "The Landlord"
(variant)
The company ... (Name) ...
(Shape) of the capital ... EUR
Headquarters ... (Address)
SCR ... (Registration number and location)
represented by M. .. in his capacity ...
hereinafter referred to as "The Landlord" and
M. .. (Full name) (add, if applicable: and M. ..) residing
(respectively) to ... (And ...),
hereinafter (e) (s) "Lessee"
IT HAS BEEN AGREED AS FOLLOWS
The Lessor shall lease premises and equipment, located to ... (Address) hereinafter called the Tenant agrees that:
DESCRIPTION OF LEASED PREMISES AND EQUIPMENT:
... (Describe briefly but comprehensively the composition of the apartment or detached house and outbuildings, if applicable)
The Tenant declares familiar places to be visited and have found the existence of these elements mentioned above.
This lease is granted and accepted general conditions and the following special:
1. Legal regime
This contract is governed by the provisions of the Civil Code relating to lease.
2. Contract Period
This contract is concluded for a period of ... weeks (Or: months). It will take effect from ... 23/03/2009, time of arrival of the tenant is scheduled to ... hours. Accordingly, it will expire on ... 23/03/2009, departure time is fixed to the tenant ... at the latest.
3. Destination places
The leased premises, subject of this contract are intended to ... .
4. Total rental
This lease is granted and accepted for payment in advance for the amount of ... euros, including charges will be paid by the tenant during his first entitlement.
(if the lease is granted for several months, indicate the monthly rent and the amount and nature of charges)
(if an advance is required upon reservation, indicate the amount that was paid in the case of a deposit or deposit and indicate that this amount will be deducted from the rent)
5. Deposit
Lessee shall pay to the Landlord that day, which recognizes and gives him a receipt, the amount of ... euros as deposit.
said sum shall be refunded to the Tenant after the end of the rental return of places, subject to amounts due to Lessor in particular because of damage leased premises occurred during this lease and attributable to the Tenant or members of his family or his service or any other person entered the premises by Lessee.
6. General obligations
The Tenant will enjoy the leased premises in good family man and do nothing that might harm the peace of neighbors, (or other tenants).
The Lessee will rent in the state where they are when taking possession. It will maintain throughout the term of the lease and make in the end location, in good repair.
... (Insert any other condition charged to the lessee or lessor)
7. Election of domicile
For the execution of this contract, the parties elect domicile
- The Landlord at ... (Home or office);
- A tenant ... (Normally in the leased premises).
(signature of the parties with the mention "read and approved")
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