The Legal Framework: loi ALUR and the Contrat Type
Before 2014, furnished rental contracts in France were governed largely by contractual freedom. The loi ALUR of 24 March 2014 changed this radically. For furnished rentals used as the tenant's primary residence, loi ALUR applied the full weight of the 1989 residential tenancy law, adapted to the specifics of furnished lets. It introduced a mandatory template contract (contrat type) prescribed by décret, a cap on the security deposit, mandatory notice periods, and a list of clauses that are forbidden regardless of what the parties agree.
The contrat type for furnished primary-residence rentals was established by décret n° 2015-587 of 29 May 2015. Every lease signed since that date must conform to it. Any clause that departs from the template in a way that is less favourable to the tenant is deemed unwritten (réputée non écrite) — it has no legal effect, but the rest of the lease remains valid. This is one of the most tenant-protective features of French rental law: a bad clause does not void the entire lease, it simply disappears.
The loi ALUR framework and the contrat type apply to furnished rentals where the property is the tenant's résidence principale — their main home. They do not apply to tourist/seasonal rentals (meublés de tourisme), bail mobilité contracts (governed by loi ELAN), employer-provided housing, or rentals to corporate tenants. If your lease is described as a "bail meublé touristique" or a "bail civil" but the property is in fact your main home in France, the loi ALUR protections still apply — the legal characterisation overrides the label.
Clause-by-Clause Explorer
Every section of a French furnished rental contract has a specific legal status. Use the explorer below to understand what each clause means, whether it is mandatory, optional, or forbidden, and what to watch for as an expat tenant.
Full identity of all parties
Name, date and place of birth, address of all landlords and tenants. For corporate landlords, registered name, address and SIRET. For agents, name and address of the managing agency.
Complete description of the property
Address, type of property (apartment/house), number of main rooms, surface area in m² (loi Carrez measurement for co-owned properties). The surface area must be accurate — an error of more than 5% gives the tenant the right to a rent reduction.
Building equipment and shared facilities
Lift, caretaker, collective heating system, shared spaces, car park, cellar. All shared equipment the tenant will have access to must be listed.
Inventory of furnishings
A detailed list of all furniture and equipment provided. This is not the same as the état des lieux — it is a separate annex to the lease listing every item and its condition. Critical for deposit disputes.
Guarantor details
If the landlord requires a guarantor (caution), their identity and the extent of their commitment (simple or solidary guarantee) must be documented in a separate acte de cautionnement, not just mentioned in the lease.
1-year minimum term
The lease must run for at least one year. A 9-month term is permitted only where the tenant is a student and the lease states this explicitly. A shorter term is unlawful and will be extended to 1 year automatically.
Automatic tacit renewal
At the end of the initial term, the lease automatically renews for one year unless either party gives valid notice. The landlord cannot insert a clause making non-renewal the default — renewal is the legal default.
Tenant notice: 1 month
The tenant may give notice at any time, for any reason, with 1 month's notice. Notice must be given by lettre recommandée avec accusé de réception (LRAR), by bailiff act, or by hand delivery with signed receipt. The notice period begins on the day the landlord receives the letter.
Landlord notice: 3 months, limited grounds
The landlord may not terminate the lease on renewal without 3 months' notice and one of three permitted grounds: (1) repossession for personal occupation or by a close family member; (2) sale of the property; (3) serious and legitimate reason (typically unpaid rent or breach of lease). General commercial reasons do not suffice.
Clause shortening tenant notice to less than 1 month
Any clause requiring less than 1 month's notice from the tenant is void. Some landlords insert 2-week notice clauses — these have no legal effect.
Bail mobilité: different rules
A bail mobilité (1–10 months, for people on assignment, in training, or studying) does not renew automatically and cannot be extended beyond 10 months total. If the tenant remains after expiry, it converts to a standard 1-year meublé lease by operation of law.
Initial rent amount clearly stated
The lease must state the monthly rent in euros, whether charges-included (charges comprises) or charges-excluded (hors charges), and the amount of the provision for charges or the flat-rate charges amount.
Rent review index (IRL)
Annual rent increases are capped at the Indice de Référence des Loyers (IRL), published quarterly by INSEE. The lease must specify the reference quarter used. A landlord who does not review the rent in a given year loses the right to claim the missed increase retroactively.
Charges: forfaitaires or réelles
For furnished primary-residence lets, charges may be set as a flat monthly amount (charges forfaitaires) — most common. Unlike unfurnished lets, there is no obligation to regularise charges annually. The flat amount must be reasonable relative to actual costs; a grossly excessive flat charge can be challenged.
Rent increase beyond IRL
Any clause allowing rent increases above the IRL index is void. Landlords in zones tendues (high-demand areas including Paris, Lyon, Bordeaux and many others) are also subject to the encadrement des loyers rent control rules capping the initial rent.
Encadrement des loyers (rent control)
In municipalities that have activated rent control, the lease must state the reference rent (loyer de référence) for the property type and zone, and the initial rent cannot exceed the reference rent plus 20% (the majoration de référence). Paris, Bordeaux, Lyon, Montpellier, Grenoble and many Île-de-France communes are covered.
Cap: 2 months' rent (hors charges)
The security deposit for a furnished primary-residence lease cannot exceed 2 months' rent excluding charges. Any amount collected above this cap must be refunded immediately, and the landlord who demands more commits an infraction.
Return deadline: 1 or 2 months
The deposit must be returned within 1 month if the exit état des lieux matches the entry état des lieux, or within 2 months if damage is noted. The deadline runs from the day the keys are returned.
10% penalty for late return
If the landlord fails to return the deposit within the applicable deadline, a penalty of 10% of the monthly rent is due for each month of delay (or part thereof). This penalty is automatic — no court order is required.
Deposit exceeding 2 months
A clause requiring a deposit of 3 months, or any amount above 2 months' rent hors charges, is void. The landlord must refund the excess and cannot use it as leverage for lease signature.
Deposit held beyond 2 months without itemised justification
Retaining the deposit beyond the 2-month deadline without itemised, evidenced deductions triggers the 10% monthly penalty automatically. A blanket "we are retaining your deposit for damages" letter without itemisation cannot stop the penalty clock.
Landlord: supply a decent dwelling
The property must meet the "décence" standards: minimum 9m² floor area, minimum 2.20m ceiling height, no health or safety hazards, functioning water/electricity/heating, and a DPE of at least F (G-rated properties cannot be let under new leases from January 2025).
Landlord: peaceful enjoyment
The landlord guarantees the tenant peaceful enjoyment of the premises (jouissance paisible). Entering the property without consent, cutting off utilities, or interfering with the tenant's use constitutes a breach entitling the tenant to damages and, in serious cases, termination at the landlord's cost.
Tenant: pay rent and use property carefully
The tenant must pay rent and charges on the due date, use the property as a dwelling only (unless the lease expressly permits mixed use), maintain it in good order, and not cause damage beyond normal wear and tear.
Tenant: building insurance
The tenant must take out a responsabilité civile locative (tenant liability) insurance policy and provide proof at signature and annually on request. Failure to maintain insurance is a legitimate ground for lease termination.
Clause prohibiting pets
A clause prohibiting the tenant from keeping pets is void for primary-residence leases since the loi du 27 janvier 2022 (effective 30 November 2022). Tenants may keep cats and dogs. Dangerous dogs (categories 1 and 2) may still be prohibited.
Self-executing termination clause for non-payment
A clause résolutoire is permitted for non-payment of rent, charges or deposit — but only if it operates through a court procedure (assignation + 2-month CCAPEX notice for tenants in housing benefit). A clause that terminates the lease automatically without court intervention is void.
Clause imposing a specific insurer
The landlord cannot require the tenant to take out insurance with a specific company or through a specific broker. The tenant is free to choose any licensed insurer.
Clause requiring tenant to pay all agency fees
Agency fees are capped and shared between landlord and tenant. A clause requiring the tenant to pay all agency fees is void. The tenant's share is capped at between €8 and €12 per m² depending on the zone (Paris and most major cities: €12/m²).
Clause making tenant liable for structural repairs
Major repairs (grosses réparations) — roof, structure, collective heating system, lifts — are the landlord's responsibility. A clause transferring these to the tenant is void. Tenant responsibility is limited to réparations locatives (minor maintenance) listed in Décret n° 87-712.
Clause waiving tenant's right to housing benefit (APL/ALS)
A landlord cannot contractually prevent a tenant from claiming housing benefit. Any such waiver clause is void. Housing benefit is paid directly to the landlord in many cases.
Mandatory Diagnostic Documents
Every new furnished primary-residence lease must be accompanied by a dossier of technical diagnostic documents. These are the landlord's obligation. A lease presented without them is not void, but the landlord loses the right to rely on the relevant diagnoses to resist certain tenant claims. The most important diagnostics are:
The energy performance diagnosis is becoming the most commercially significant document in the dossier. From 1 January 2025, new leases on properties rated G (the lowest category) are prohibited. Properties rated F will follow from 1 January 2028, and E-rated properties from 2034. For tenants, a low DPE rating is useful leverage in rent negotiations and a basis for claiming the landlord must carry out works to meet the décence standard. For landlords, failing to provide a valid DPE exposes them to damages if the tenant suffers harm from poor insulation or heating costs.
The État des Lieux: Your Most Important Protection
The état des lieux — condition report — is a detailed written record of the property's condition completed at entry and again at exit. It is signed by both parties and constitutes the definitive reference for deposit disputes. Every scratch, stain, broken fitting, and worn surface must be noted at entry; at exit, the exit report is compared item by item to the entry report, and the landlord may only deduct from the deposit for damage that (a) was not noted at entry, (b) exceeds normal wear and tear, and (c) is evidenced by a written quote or invoice.
French law distinguishes between vétusté (normal wear and tear, which the landlord must absorb) and dégradations locatives (damage caused by the tenant, which the tenant must repair). A government-approved grille de vétusté (wear and tear schedule) exists and is often referenced in leases. Under this schedule, paint and wallpaper are fully depreciated after 5–7 years, carpets after 5–7 years, and linoleum after 8–10 years. A landlord who repaints after a 6-year tenancy cannot charge the full cost — the wear and tear allowance must be applied.
Before You Sign: A Practical Checklist
Expat tenants often face pressure to sign quickly in a competitive French rental market. The following items should be verified before signature, not after.
| Item to verify | Why it matters | Action if missing |
|---|---|---|
| All 11 furnishing categories present | Missing items risk reclassification to unfurnished regime | Request items in writing before signing; note in état des lieux |
| Lease conforms to contrat type | Non-conforming clauses are void but may cause disputes | Compare against the official template; seek legal review |
| Surface area stated and correct | Error >5% entitles tenant to proportional rent reduction | Request measurement or check against tax records |
| All diagnostic documents attached | Landlord loses remedies if diagnoses are absent | Do not sign without the full dossier |
| Charges clearly defined | Ambiguity leads to disputes over what charges cover | Request a breakdown of what the forfait includes |
| Rent within encadrement limits (if applicable) | Overpaying above legal ceiling; landlord may face fine | Check the reference rent on the DRIHL/ADIL website |
| Inventory of furnishings complete | Items not listed at entry cannot be charged at exit | Add every item you observe; landlord must countersign |
| Guarantor act correctly drafted | An informal guarantor clause has no legal force | Ensure a separate acte de cautionnement is signed |
French law does not require rental contracts to be in any language other than French, and a lease written entirely in French is fully enforceable against a foreign tenant who signed it. "I did not understand what I was signing" is not a defence in French civil law unless the clause was actively concealed or misrepresented (in which case dol may be invoked). If you are not fully fluent in French, have the lease translated or reviewed before signing — not after.
Our English-speaking French lawyers review furnished rental contracts for expat tenants and non-resident landlords, identifying illegal clauses, verifying compliance with the contrat type, and advising on your rights before you sign.
Book a ConsultationThis article is for general information and educational purposes only. It does not constitute legal advice and does not create a lawyer-client relationship. Laws and regulations may have changed since publication. Always seek qualified French legal advice before signing, modifying, or terminating a French furnished rental agreement.
Key Legal References
Primary-residence meublé regime: 1-year minimum term, 1-month tenant notice, automatic renewal
Contrat type for meublé primary-residence lease: mandatory template since 29 May 2015
Forbidden clauses: list of provisions deemed unwritten in residential tenancy
Security deposit: 2-month cap; return in 1 or 2 months; 10% monthly penalty for late return
État des lieux: entry and exit condition report; reference for deposit deductions
Tenant’s repair obligations: minor maintenance only (réparations locatives)
IRL rent index: annual increases capped; landlord who misses a year loses the missed increase
Encadrement des loyers: rent control in zones tendues
Pet prohibition clause void for primary-residence leases since 30 November 2022
DPE letting prohibition: G-rated properties cannot be offered for new lets from January 2025
