Article 11 of Law No. 89-462 of July 6, 1989 as amended provides opportunities for the individual landlord to rent for less than three years, when a specific event proves that he has to return to local for work or family reasons.
The contract must be concluded for a period of at least one year and must state the reasons and the event raised.
Two months before the term of the contract, the lessor to the lessee must confirm the completion of the event. However, at the same time he may also propose the postponement of the term of the contract, if the realization of the event is deferred. It will however do only once.
In contrast, when the alleged event did not occur or is not confirmed, the contract is deemed to have been concluded for a period of three years.
Apart from these characteristics, this type of contract follows the same rules as residential leases "classic" signed for three years (see comment attached to the document "three-year lease (lessor: individual)).
LEASE
Vacant unfurnished
Main house
BETWEEN THE UNDERSIGNED
M. .. (Full name) residing at
...
acting in his capacity as owner
hereinafter (e) "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 hereinafter referred to the Tenant agrees that:
DESCRIPTION OF LEASED PREMISES AND EQUIPMENT:
- The local and private facilities include:
apartment No ... Type ... building ... - ... floor - stairs ...
(or)
detached house situated
(e) at the following address: ...
comprising (delete as appropriate): living-room toilet
kitchen ... Room (s) storage
kitchen bathroom ... (Other)
which (or: when) are added so indivisible adjoining premises following (delete as appropriate):
parking in the basement parking area garden cellar in the basement No ...
slot no ... No closed box ... discount patio
box closed no ... ... (Other) ... (Other) ... (Other)
and, where appropriate, the equipment designated on a list attached hereto and not on the inventory (it can be for example a kitchen).
Premises and private facilities designated above are as described in the inventory annexed and, if necessary, to the list annexed hereto appointing additional equipment not listed on such inventory ;
- Parts, accessories and equipment following common enjoyed by all tenants (delete inapplicable):
guarding elevator car antenna
digicode chutes cable TV space (s) green (s)
intercom local bicycle collective heating area (s) games
... (Other) ... (Other) ... (Other) ... (Other). The Tenant declares
familiar places to be visited and have found the existence of elements mentioned above.
This lease is granted and accepted general conditions and the following special:
1. Legal regime
This contract is governed by the laws and regulations in this area and in particular by the provisions of Act No. 89-462 of 6 July 1989 to improve rental, as a result of its amended by the Law No. 94-624 of July 21, 1994, and especially by the provisions of Article 11 and the SRU law of 13 December 2000.
2. Contract Period
Duration Initial - Effective date and termination
This contract is concluded for a period of ... years. It will take effect from ... 23/03/2009. Accordingly, it will expire on ... 23/03/2009, date on which the Lessor will take over the leased premises following the occurrence of the next event ... . Extension of term
If the event in respect of which this lease was granted was not made as agreed, Lessor shall propose to the Tenant to extend the term of the contract until the effective date of the event. That option, however it is opened only once.
End Contract This contract will expire at the originally scheduled date or the date extended by agreement between the parties, without the need to issue notice to the tenant, where the lessor, two months before the date of occurrence of the event, confirm its occurrence. The Tenant will be deprived of any right of occupancy on or after that date and must vacate the premises leased.
However, if, two months before the date of completion of the event, it was not confirmed by the Landlord or did not happen, this contract will be deemed concluded for a period of three years.
3. Destination places
The leased premises, subject of this contract are for the exclusive use of housing. The Tenant may not, therefore, exercise any profession whether artisanal, commercial or professional activity, except to seek and obtain prior written consent of Lessor (caution however that the condominium regulations do not contain a clause bourgeois living, in which case the exercise of a profession in the leased premises would be prohibited).
Lessee, which, moreover, would create a company and would like it to domicile provisionally in the leased premises, shall comply with the provisions of Article 1b of Ordinance No. 58-1352 of 27 December 1958 as amended and such written notice to Lessor, prior to his application for registration in the Commerce and Companies of its intention to exercise the option provided by the aforementioned. It is stated here that installing the company's headquarters in the dwelling is permitted for a period not exceeding two years or extend beyond the term of this contract. (The right to install the company's headquarters in leased premises, subject to compliance conditions listed above, is a public policy provision: the landlord can not waive).
4. Total rental
4.1. Rent
fixation of rent
This lease is granted and accepted payment term accruing a monthly rent set freely between the parties pursuant to section 17a of the Act of July 6, 1989, entering the housing one of the following categories:
. new housing;
. Vacant housing has been commissioning work or surrender to the standards set by Decree No. 87-149 of 6 March 1987;
. housing consistent with the standards defined by the Decree No. 87-149 of 6 March 1987 and subject to a first location;
. housing consistent with the standards defined by Decree No. 87-149 of 6 March 1987 and has been for less than 6 months of improvement work on the common units or an amount at least equal to one year of previous rent.
(option 1) fixation of rent
This lease is granted and accepted with deferred payments accruing a monthly rent, the amount, determined under section 17b of the Act of 6 July 1989 is identical to the last rent paid by the previous tenant.
(Option 2 for the initial lease granted before 1 August 1997)
This lease is granted and accepted payment term accruing a fixed monthly rent, pursuant to Article 17 b of the Act of 6 July 1989 by reference to rents usually found in the neighborhood for comparable housing in the conditions defined by Article 19 of that Act, which reads as follows:
"For the purposes of section 17, rents for references should be representative of all rents usually found in the neighborhood for comparable units, located either in the same group of buildings, or any other group of buildings with similar characteristics and located in the same geographical area. A decree in Conseil d'Etat defines the components of these references.
The minimum number of references provided by the lessor is three. However, it is six in the municipalities, the list is fixed by decree, part of an agglomeration of more than one million inhabitants. References
notified by the lessor must have at least two-thirds of the rental references for which there was no change of tenant for three years. "
References rent and presented by Lessor for justification of the rental are appended to this contract.
(option 3 for the initial lease granted after 1 August 1997)
This lease is granted and accepted with deferred payments accruing a monthly rent set freely between the parties.
Rent Review
The rent so fixed shall be reviewed at the end of each lease year or the ... (Or: a date commonly between the parties ...) depending on the variation of the average over four quarters of the national index of construction costs published by INSEE, the average mentioned above is the index of construction costs to date and reference indices of the three quarters that precede it.
Benchmarks are respectively the index of ... (Number) quarter ... (Year), the value of the average over four quarters totaled ... and the same quarter of each year.
The delay in publication of the index will not allow the tenant to withhold payment of rent. This will be paid on the normal, as the amount of the previous term, deferred until following the review.
Received or receipt
Under the law, Lessor shall deliver to Tenant, upon request and after full payment of rent and accessories are a receipt for the amount of money collected.
In case of partial payment by the tenant, the Lessor will issue a receipt of such payments.
4.2. Rental charges
Nature loads
In addition to rent, the tenant must pay to Lessor its share of regulatory burdens in accordance with the list established by Decree No. 87-713 of August 26, 1987 or any text that would come to be substituted.
These recoverable charges are incidental to the main rent, is payable in return:
. services rendered related to the use of the various elements of the rented property;
. Expenditure on routine maintenance and minor repairs on items of common use of the rented property;
. of charges that correspond to services which the tenant directly benefits.
Determination and payment of charges
expenses will be paid at the same time as the main rent by monthly allowances and will be subject to annual adjustment.
The amount of expense is determined annually by the lessor in expenditure actually incurred the previous year or the budget, the amount of each allowance is adjusted accordingly.
Each year, the lessor shall deliver to Tenant the final statement of costs recoverable from the previous year for each category of expenditure and, in apartment buildings, the mode of distribution among all tenants.
The sums will be payable and submitted after the statutory period of one month following the sending of that statement. During this period, the documents will be made available to the Tenant.
4.3. Amount
The amount of this lease are as follows:
Sum Sum in full in the main figures
Rent ... Euro ... EUR
Rents Schedules:
- parking in basement
location ... Euro ... EUR
closed box ... EUR ... EUR
- parking area:
closed box ... Euro ... EUR
- Garden ... Euro ... EUR
- ... (Other) ... Euro ... EUR
Provisions on charges ... EUR ... EUR
TOTAL MONTHLY ... Euro ... EUR
The sum above mentioned, shall be payable by ... of each month.
5. Deposit
Fixing deposit
In order to guarantee the proper performance of its obligations, the tenant pays a deposit, which may not exceed two months rent. The tenant pays the Landlord and date, which recognizes and gives him a receipt, the amount of ... (In words) (... (in figures)).
Said deposit will not be productive interest and will not reviewable under the original contract, or when its possible renewal.
Return of deposit
The deposit so paid shall be returned to Tenant within a maximum period of two months of the keys are returned, after deduction, if any, of amounts due to Lessor and such sums as it This could be held in lieu of Tenant, provided they are duly justified.
A failure to return within the aforesaid period, the balance due after financial statements will generate interest at the legal rate for the benefit of Tenant.
Allocation of deposit
In any case, the existence of this deposit will provide Lessee for payment, their timing, amounts owed to Lessor, including, at the end of the contract for payment of months rent and expenses.
6. The situation
The situation at the entrance of the Tenant
later than at the keys, a contradictory state of affairs signed by both parties will be established and attached to this contract. Any defects or hidden
malfunction, which could not be detected during the establishment of this inventory, must be reported by Lessee within 20 days.
During the first month of the first heating period, the tenant may also request the establishment of an inventory on the additional heating elements.
The situation at the exit of the tenant
A visit contradictory places will be made on departure of the tenant, also in the presence of both parties, which draw up and sign an inventory.
Where appropriate, a final list of rental repairs to be made will be determined by comparing the inventory of input and output inventory, in this taking into account wear and tear.
state of the premises by bailiffs
the absence of contradictory state of affairs established by the parties at the entrance or exit of the Tenant, shall be prepared by a bailiff, at the initiative of the most diligent, with costs shared equally.
7. General obligations of the parties
This lease is granted and accepted the charges and conditions, the parties undertake to respect each as it is concerned.
7.1. Landlord's obligations
The Landlord is required following major obligations:
. give the tenant a decent show of leaving no obvious risks that could endanger the physical safety or health and with the elements making it consistent with the residential use
. deliver to Tenant the premises in good working order and repair, as well as the existing equipment in good working condition;
. ensure the Tenant quiet enjoyment of the leased premises and, without prejudice to Article 1721 of the Civil Code, to ensure defects or defects that would be an obstacle;
. maintain the premises in a condition suitable for use under this contract and will make all repairs, other than rental, required to maintain state and the normal maintenance of the leased premises;
. does not oppose the improvements made by Lessee, provided they do not constitute a transformation of the rented property.
. connect to the Tenant, if any, extracts of the condominium regulations on the destination of the property, enjoyment and use of the units and common and specifying the portion relating to the leased lot in each category of expenses .
7.2. Tenant's obligations
The Tenant is required following major obligations: a.
during the lease:
. pay the rent, expenses and other recoverable amount due to the agreed terms;
. keep the premises rented constantly decorated with furniture and furnishings owned by quantity and value sufficient to meet the rent and expenses, and more generally the performance of all conditions of this contract;
. peaceful use of the leased premises after the destination that was given to them by this contract, (add, if an apartment building) without doing anything which might harm the peace other tenants and the good performance of the building. It
respect in particular, where applicable, the provisions of the condominium regulations relating to the destination of the property and the enjoyment and use of common parts and units, and the decisions of the condominium on the use of the building.
It further undertakes to respect the rules of the building, which he says have become aware,
. answer for the damage and losses that arise during the contract period in the rented premises which he has exclusive possession, unless he proves that they have held in case of major fault, the fault of Landlord or by the fact that a third has not entered the premises rented;
. defray routine maintenance of the leased premises, small repairs, and all rental repairs currently defined by Decree No. 87-712 of 26 August 1987.
repairs caused by obsolescence, faulty workmanship, construction defects, accident or force majeure Landlord shall, however,
. let it perform in the demised premises improvement work of the common or private areas, and the work necessary to maintain the status and the normal maintenance of the leased premises.
The Lessor may perform all repairs and all alterations, or elevation of development whatever the cause, without any compensation or abatement of rent in favor of Tenant, which will be notified in advance in case of disorder prolonged enjoyment to arise.
Notwithstanding what is stipulated in the preceding paragraph, in case of major repair work requiring a period of more than 40 days, the rent shall, at the expiration of that period, decreased in proportion to time and Part of the leased premises which the tenant has been private
. does not transform the leased premises without the written consent of Lessor, failing agreement, Lessor may require Lessee, at its outset, the reinstatement of the demised premises or to keep its earnings without all transformations that the tenant can claim any compensation, Lessor may, however, require the immediate surrender of the premises in the state at the expense of Tenant, where all transformations will jeopardize the proper functioning of equipment or safety of the leased premises;
. insure against risks that must answer in its Lessee and to justify when the keys are then each year at the request of the Lessor, by producing a certificate from the insurer or its representative.
Otherwise, this contract may be terminated under the termination clause;
. allow to enter the leased premises representatives of Lessor and any person authorized by him, upon proof of their quality, wherever it is needed for maintenance, repairs, and for the safety and suitability of the leased premises;
. not assign this Agreement nor sublet the leased premises except with the express consent of Lessor on the principle and the amount of rent, the subtenant may not in any way rely on any rights against the Lessor, nor 'no title of occupation
. occupy the parking space assigned to the exclusion of any other place, without being able to lend or sublet to anyone, and he further agrees to take no mechanical repairs, whatsoever, and no emptying operation, washing or greasing of his vehicle on that site. It will also refrain from storing gasoline and fat or flammable or use of such products on site.
He acknowledges that Lessor assumes no liability for trespass or damages caused by third parties, including the theft of his or her vehicle or objects found in and declare to waive any recourse against Lessor.
b. to his departure:
. prove payment of taxes on the leased premises by the production of relevant receipts;
. leave the premises rented completely empty and clean;
. return the keys and accessories at more before the day of the expiry of this contract.
7.3. Tolerances
It is expressly agreed that any tolerance of the Lessor on the execution of any provision of this contract will be deemed to constitute an implied waiver of his hand.
8. Termination clause and penalty clauses
This agreement will terminate immediately and automatically without any need to order this resolution in court:
. two months after an unsuccessful command in default of payment to agreed terms of all or part of the rent and expenses duly justified or for non-payment of the deposit under the contract, said payment order shall state the intent of the Lessor to take advantage of this clause and will reproduce the provisions of Article 24 of the Act of 6 July 1989 and that of Article 6 paragraph 1 of Act No. 90-449 of 31 May 1990 for the implementation of housing rights, mentioning the option for the tenant to enter the Solidarity Fund for Housing;
. one month after an unsuccessful command in the absence of rental insurance laying the will of the Lessor to take advantage of this clause and reproducing the provisions of Article 7g of the Act of July 6, 1989.
The benefit of the termination clause granted to the Lessor, Lessee shall leave the premises immediately. Failing deportation, and that of any occupant, will be held upon an injunction.
It is understood that, if paid by check or debit, the rent shall be considered settled only after receipt of such sums, the termination clause may therefore have full effect in case of failure to supply bank or postal account of Tenant.
In addition and without derogation from the preceding clause subsequent, Lessee agrees to comply strictly penal clauses following
. without needing a formal notice, notwithstanding section 1230 of the Civil Code, any delay in payment of rent or incidental result of an increase of 10% right on the amounts due, damages suffered by Lessor; The Tenant will also pay the Lessor all costs and expenses incurred in the collection of said amounts, without prejudice to Article 700 of the New Code of Civil Procedure;
. If the tenant, stripped of any security of tenure, shall not relieve the premises, resisting an order of deportation or delays obtained for his departure, he must pay for each day of delay, in addition to charges of a voluntary settlement occupancy equal to twice the daily rent, until complete removal and return of keys which allowance is intended to compensate the Landlord for damage resulting from the unauthorized occupation of the leased premises impeding the exercise of his rights.
9. Deposit
M. .. ... Residing at ..., after learning of this contract, said to stand surety for ... to perform the obligations under this lease and its consequences, in terms of engagement established by a separate document.
10. Keys and accessories delivered
(delete as appropriate)
Number of keys handed to the Tenant: ... Total
is: ... providing access to housing is
... giving access to the cellar is
... for the mailbox is
... giving access to parking
is: ... giving access to ... (Other)
Number
magnetic card (or remote controls) given to the Tenant: ... Total
is: ... giving access to parking
is: ... giving access to ... (Other)
11. Solidarity and indivisibility
For the performance of all obligations under this contract, there will be solidarity and indivisibility between the parties above named as the "Lessee" the roommate who will leave before the term of the lease will and in particular guarantor and sponsor of the solidarity within the leased premises, to purpose of ensuring the proper execution of this contract and its aftermath.
12. Registration - Fees and Expenses
This contract is subject to registration if either party so desires and in this case at its own expense.
fees negotiation and drafting of this contract will be paid directly and by half by each party to the agent.
13. Election of domicile
The parties elect domicile: The Lessor The Lessee and his home in the rented premises.
14. Documents attached
are and shall remain annexed to this contract, the documents following which a copy was delivered to Lessee acknowledges that:
(delete as appropriate)
. the inventory drawn up at the keys to the Tenant;
. list of equipment which Lessee has exclusive possession and which are not included in the inventory;
. Regulation within the building;
. extracts of the condominium regulations of the destination of the property, enjoyment and use of common parts and units and specifying the portion relating to the leased lot in each category of expense;
. References rent neighborhood;
. or the acts as surety.
Rayes ZERO:
...
words ... lines
Done at ... ... . In
... copies, one is given to each party that recognizes it.
THE LESSOR (S) TENANT (S) LA (LES) DEPOSIT (S)
Signature with Signature with Signature preceded by the handwritten
the handwriting handwritten "read and" read and approved ". "Read and approved". approved ".
" have read the contract for which I'm doing bond and attached by a separate document.
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