This type of contract is governed by the provisions of the Civil Code relating to the lease (Article 1708 et seq.) In addition, Article 187 II 1 of the SRU law of 13 December 2000 states that the provisions of Title I of Law No. 89-462 of July 6, 1989 do not apply not furnished premises, with the exception of the first and second paragraphs of Article 6 and Article 20-1 of the Act. The landlord is required to 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. The characteristics of decency, however, must first be defined by decree. Otherwise, the tenant can ask the landlord compliance of housing without undermining the validity of the current contract. In case of disagreement between parties, the judge shall, where appropriate, the nature of work performed and the time of their execution. If compliance is not made in the above conditions, the judge may reduce the amount of rent.
No text does writing a writing. An oral lease is indeed quite possible. However, for obvious reasons and evidence in order to avoid any future challenges, 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 (it is important describe as precisely as possible the local level as well as furniture and equipment rented, the precise condition of furniture and equipment must also appear in the inventory, the inventory is not mandatory, but strongly recommended) the destination of the premises, the duration of the rental price, the deposit guarantee and possible general obligations of the tenant.
LEASE
Premises furnished
Main Living
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 mentioned after 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):
entry
kitchen toilet living room ... Room (s)
kitchen cupboards bathroom ... (Other)
well as furniture and equipment:
... (Describe very precisely)
which (or: when) indivisibly addition, the following ancillary premises (delete as appropriate):
parking in the basement parking area of garden in the basement cellar No. ...
slot no ... No closed box ... discount patio
box closed no ... ... (Other) ... (Other) ... (Other) Premises
furniture and private facilities designated above are as described in the inventory attached;
- Parts, accessories and equipment following common enjoyed by all tenants (delete as appropriate):
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 the above mentioned.
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 and the provisions of the first and second paragraphs of Article 6 and Article 20-1 of Law No. 89-462 of 6 July 1989.
2. Contract Period
Initial period - Effective date and termination
This contract is concluded for a period of one year. It will take effect from ... 23/03/2009. Accordingly, it will expire on ... 23/03/2009.
Termination - Leave
It can be terminated by registered letter with acknowledgment of receipt or by a bailiff:
. by Lessee at any time, subject to prevent Lessor ... months in advance.
. by the lessor, upon termination, if serious and legitimate reason for such failure resulting by Lessee of any of its obligations or in case of willingness on the part of Landlord to return or sell the rental unit, subject to prevent Lessee ... months in advance. Leave so given shall state the grounds alleged and, if sold, the price and conditions of the proposed sale, this holiday offers combined sales to the Renter.
The period of notice of any kind, will run from the date of receipt of the letter. At the expiration of that period, Lessee will forfeit all tenure status of the leased premises.
If The Landlord wishes to terminate this contract, he must accordingly inform the tenant in terms of form and time specified above or at the latest ... 23/03/2009.
Renewal
... months before the term of the contract, either by ... 23/03/2009 The Landlord Tenant may propose to renew its lease, by registered letter with return receipt with setting a new rent.
tacit
Failing renewal proposal or leave motivated in terms of form and time provided above, the contract reached its conclusion will be extended automatically to the previous conditions for a period of at least one year.
3. Destination places
The leased premises, subject of this contract are for the exclusive use of housing.
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.
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 change ... .
Release
The Lessor shall deliver to Tenant, upon request and after full payment of rent and accessories are a receipt for the amount of money collected.
4.2. Rental charges
Nature loads
In addition to rent, the tenant must pay to the Lessor its proportionate share of expenses, taxes and benefits of its responsibilities under the law, use of the premises, Regulation condominium and this contract, including: ... .
payment charges, taxes, benefits will be by monthly installment equal to one twelfth of the amount of expenditure for the previous year and will be adjusted annually during the preparation of accounts.
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 ... Euro ... 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, Lessee shall pay to the Landlord that day, which recognizes and gives him a receipt, the amount of ... (In words) (... (in figures)).
Said deposit is non-interest bearing and will not reviewable under the original contract, or when its possible renewal.
Return of deposit
Deposit so paid shall be refunded to the Tenant at lease end, after removal and return of keys, net, where applicable, the amount outstanding to the Landlord and the amounts for which it could be held in lieu 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
When entering into possession and from the Tenant, a contradictory state of affairs signed by both parties will be established and attached to this contract.
If, on the departure of tenants, a final list of rental repairs to be made will be determined by comparing the inventory of input and output inventory, taking into account the wear normal.
7. General obligations of the Tenant
Lessee is given the following main obligations: a.
during the lease:
. pay the rent, expenses and other recoverable amount due to the agreed terms;
. peaceful use of the leased premises after the destination that was given by this contract, (add, if an apartment building) without doing anything which might harm the peace of 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,
. response degradations and losses that arise during the contract period in the rented premises which he has exclusive possession, unless he can prove that they occurred in each case of major fault, the fault of Landlord or by the fact of third has not entered the premises rented;
. defray routine maintenance of the leased premises, small repairs, and all rental repairs.
repairs caused by obsolescence, faulty workmanship, construction defects, accident or force majeure Landlord shall, however,
. 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 maintain its profit transformations carried out without the tenant can claim any compensation, however, Lessor may require the immediate surrender of the premises state at the expense of Tenant, where all transformations will jeopardize the proper functioning of equipment or safety of the leased premises;
. insure against the risks which it must answer in his capacity as Resident and justify when the keys are then each year at the request of Lessor, for the production of a certificate 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 invoke any right against the Lessor, or any occupation title;
. 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 flammable or fat or use of such products on site.
He acknowledges that Lessor is not responsible for disturbing enjoyment or damages caused by third parties, including the theft of his or her vehicle or objects found in and declare to waive any claim against Lessor.
b. during the period of notice:
. pay the rent and expenses throughout the period of notice, that in case of dismissal given by him;
. pay the rent and expenses for the only period during which he actually occupies the leased premises, that if given leave by the Lessor;
. upon notification of leave, grant access to premises, to a new location, the recovery and sale of local, two hours per day during weekdays. The visit schedule will be determined by agreement between the parties. Otherwise, the visits will take place between ... and ... hours from Monday to Saturday.
c. 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 or before the date of termination of this contract.
8. Tolerances
It is expressly agreed that any tolerance for the Lessor performance of any provision of this contract will be deemed to constitute an implied waiver of his hand.
9. Termination clause and penalty clauses
This agreement will terminate immediately and automatically without any need to order the cancellation in court:
. one month after an unsuccessful command in default of payment to agreed terms of all or part of the rent and expenses properly justified or in cases of non-payment of the deposit under the contract;
. one month after an unsuccessful command to lack of insurance rental risks;
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 previous termination clause, The Tenant 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 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 compensation is intended to compensate the Landlord for damage resulting from the unauthorized occupation of the leased premises impeding the exercise of his rights.
10. Deposit
M. .. ... Residing at ..., after learning of this contract, said to stand surety for ... to perform the obligations under this lease and its aftermath, dans les conditions de l'engagement établi par acte séparé.
11. Clés et accessoires remis
(supprimer les mentions inutiles)
Nombre de clés remises au Locataire : ... au total
soit : ... donnant accès au logement
soit : ... donnant accès à la cave
soit : ... pour la boite aux lettres
soit : ... donnant accès au parking
soit : ... donnant accès à ... (autre)
Nombre de cartes magnetic (or remote controls) given to the Tenant: ... Total
is: ... giving access to parking
is: ... giving access to ... (Other)
12. Solidarity and indivisibility
For the performance of all obligations under this contract, there will be solidarity and indivisibility:
. the parties above referred to as "The Tenant" and the roommate who will leave and will remain such guarantor and sponsor of the solidarity within the leased premises for the purpose of ensuring good execution of this contract and its aftermath;
. among the heirs or representatives from the Tenant to die (subject to section 802 of the Civil Code).
13. Registration - Fees and Expenses
This contract is subject to registration if either party so desires and in this case at its own expense.
If necessary, the fee negotiation and drafting of this contract will be paid directly and by half by each party to the agent.
14. Election of domicile
The parties elect domicile: The Lessor home and Lessee in the leased premises.
15. Documents attached
are and shall remain annexed to this contract, the following copy of which was delivered to Lessee acknowledges that:
(delete as appropriate)
. the inventory drawn up at the keys to the Tenant;
. 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;
. or acts of the bond.
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 mention the handwritten manuscript
"read and approved". "Read and approved". "Read and approved"
"have read the contract for which I
cation is a separate document and attached.
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