THE RENTAL CONTRACT

The Reservation of an holiday rental done by signing a lease or a simple mail exchange, even several months before the rental date.
The contract must be signed in 2 copies at the deposit payment or down payment.
A copy must be submitted to the tenant, which must ensure that the contract contains no abuses clauses.
Even is not a classified lease, a description of places must be sought.

The description of places

The owner or his agent is obliged to provide on demand to any tenant a signed description and conforming to a uniform format, containing:
adress and situation of rental
category classification,
consistency and comfort places,
the interior furniture and equipment,
modalities, the rental price.

The contract should specify:

the lease term,
price (it should not vary depending of the number of occupants),
charges,
payment in advance, the bond or deposit,
the possible cancellation policy,
the commission, the tax.

Cancellation

A reservation can be canceled, although an advance has been paid.
But this cancellation will not have the same consequences as the tenant pays a deposit or down payment.
The contract signed between the tenant and the landlord (or correspondence) may specify the nature of the advance, but if it is not specified, the sums paid in advance are deposit.

Cancellation effect

If its deposit, they are a means of penalty. If the reservation is cancelled by the tenant, the deposit is lost. If this is the landlord who cancel, it must pay the double to the tenant.
If its down payment, the reservation is a firm commitment that leads to the tenant's obligation to pay the full rent or failure to compensate the owner (except in cases of force majeure).

Guarantee or warranty

For a rent reached without an intermediary, the amount (unregulated) of the deposit is generally 20% of the rental price and must be paid at the entrance to places against surrender of a receipt.
The landlord has the right to redeem the bond.
For a rent reached with an intermediary (a real estate agent for example), the amount of deposit is 25% maximum of the rental price and may be paid at most 6 months in advance.
A committee may be requested through (a real estate agent by example).
The security deposit is usually returned at the end of stay.
The contract may specify the deadline for deposit return.


For further information, contact:
the union initiative, the departmental directorate of competition, consumption and repression of fraud (DDCCRF) of the department where rental is located, the National Federation of Real Estate Agents (FNAIM), the National Union of real estate professionals (SNPI), the National Union of independent real estate (UNIT).