Transitions Abroad: Renting in France. How to avoid the pitfalls. Article by Finn Skovgaard.
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Renting Flats, Apartments, Houses and Other Property

Find the cheapest and most expensive parts of France for renting on
Clameur.fr
: Map of cost of rent per m2 by département (county).

Different laws apply to furnished and unfurnished lettings.

The law stipulates that you can terminate an unfurnished tenancy (bail) at any time with three months notice (one month in case of loss or change of job). Don't worry if the initial tenancy is three years or more - you can always terminate it. The landlord (bailleur) cannot terminate the tenancy during the contract period. The tenancy is automatically renewed, unless one of the parties terminate it with appropriate notice. The landlord can only refuse the automatic renewal under very specific conditions. However, if the landlord wants to get rid of you without a valid raison, he will simply give notice with the excuse that he or his closest family want to move into the house. This notice must be given 6 months before the end of the term, but it is extremely difficult to challenge in court. If you later observe that those supposed to have moved in did not, it is up to you to sue the landlord for compensation.

Be sure that the standard contract being used is for an unfurnished letting, because your legal protection for a furnished tenancy is lower than for an unfurnished tenancy. For an unfurnished letting for primary residence, you should find the following title on the tenancy agreement: Contrat de location, locaux non meublés - loi no 89-462 du 6.7.89 modifiée par la loi no 94-624 du 21.7.94, habitation principale.

These two sites have free standard contracts to download:
DirectGestion.com
Lexeek.com

In principle, the law protects the tenants of unfurnished tenancies to a great extent. Clauses added by the landlord cannot put the tenant in a position that is less favourable than that of the law. Such clauses can be challenged in court. The law obliges landlords to maintain their properties, except for certain minor maintenance, and to deliver certain minimum standards, but they often neglect this. Sometimes landlords try to fool tenants by adding for example a clause saying that the landlord will not maintain white goods. Such clauses are null and void, at least for unfurnished tenancies. Watch out for clauses in case of a furnished tenancy.

In reality, however, in case of real problems, courts, solicitors and so-called judicial experts may drag legal proceedings out for years, meaning that the landlord can terminate the tenancy before you can force him to maintain his property or respect other obligations. In many cases, French laws are not worth the paper they are written on because the courts hesitate to enforce them and even tolerate lax behaviour or downright violation of obligations to a great extent, particularly if the lax one is a local. Expect the preferential treatment of locals to be most visible in regions with a strong identity, such as for example Provence. The attitude of the locals - even solicitors - will in many cases be that if you're not happy with how things are, why don't you just move to another property or back to your own country?

Therefore, I cannot stress enough that you should check everything thoroughly before signing a tenancy agreement. If equipment looks old, it is most likely because it is old, not well maintained and likely to break down any moment. Some landlords buy old white goods worth almost nothing and fit them in the property so they can get more rent for an apparently well-equipped property. In cases where the landlord has lived in the house himself and used his white goods for many years, he leaves them in the house for the same reason. When it breaks down, you may have all the trouble in the world getting it fixed, the landlord pretending he told you that he wasn't going to maintain the white goods and that you probably didn't understand it because you don't speak very well French (once I took a landlord to court, she had the nerve to say in front of the judge (about me): "He pretended not to speak French very well when he rented the flat"). If something does not suit you or needs repair, ask for it to be fixed before your sign. Don't sign if there is any trouble getting this done. You risk being in for trouble every time something needs repair.

When you take over the property, it is very important to be there and check everything for damages. A document called état des lieux must be prepared and signed on that day, stating the condition of the property and listing all items left in the property. You can be liable for paying for any existing damage not mentioned in that document when you move out. Check everything: Hot and cold water, dripping taps (faucets), toilets, heating, electric outlets, lights, oven, cooker, fridge, dish washer, washing machine, doors, windows, scratches, cracked tiles, broken glass, miscolourings... It is a detailed exercise that easily takes between one and two hours. It may sound ridiculous to a Briton or an American, but this is how it's done in France. It is a common pastime for French landlords to claim damages for something that was broken before the property was rented. That way, they get parts of the property maintained free of charge.

Too many landlords don't refund the security deposit (dépôt de garantie), which cannot be higher than 1 months' rent (it was 2 months' rent before 2008), at the end of the tenancy. The law says they must do it no later than 2 months after handing back the keys, which means that if you move out before the end of the tenancy, the 2 months count from the day you move out, not the end of the tenancy. They can deduct the cost of damages made by you, but not the cost of maintenance that they are themselves supposed to do. Neither can they deduct normal wear and tear, such as a wall becoming yellowish or brownish above an electric radiator installed by the landlord, normal wear or furniture markings on a carpet, or damages that appear by themselves, such as cracks in walls or tiles. Some landlords try to abuse the fact that many foreigners leave France and can't easily sue the landlord. To protect themselves against the risk of such abuse, many tenants don't pay the last rent corresponding to the deposit. That is illegal, but it is impossible to throw a tenant out with just one months' notice - that can take 1-2 years. In principle, tenancy agreements commonly contain a penalty clause of 10% of rent paid late, but in order to recover the 10%, the landlord would have to take you to court, unless the tenancy agreement was drawn up by a huissier. It is therefore almost risk free not to pay the last bit of rent. I repeat that it is illegal, but people who have already been burnt could be tempted to cover themselves first, to avoid the hassle of taking the landlord to court to recover the money, wait 1-2 years and spend more in solicitors' fees than the challenged amount. Finally, it is unfortunately the harsh truth in France that many Frenchmen act as if the law only applied to others. If you want to survive in France, you may need to add a dash of French cynicism to your behaviour, or you may find that you are always taken for a ride if you behave honestly all the time. Never forget that for them, you are an easy and legitimate target as a foreigner.

It is common to let property without a fitted kitchen. If you don't want to provide your own kitchen, then check the ads for cuisine aménagée, which means that there is a fitted kitchen, but no white goods, and cuisine équipée, which means that there is a fitted kitchen with white goods.

The tax on lettings known as droit de bail has been abolished from January 2001 and should no longer be collected by the landlord.

Demand a receipt for the rent every month, no matter how you pay. You may need it later. The landlord is obliged by law to provide receipts free of charge.

Taxe d'habitation is a tax on the dwellings you occupy on the 1 January. The tax does not depend on how long time you live in the property. If you move out on the 2 January, you must still pay the full tax. The tax is payable in the November or December that follows the 1 January. The tax depends on the value of the property and your personal situation. A typical tax would be between 300 € and 1500 € a year.

The tenant and the landlord are free to negotiate the rent. There are no limits imposed by the law, except that the annual increase cannot exceed the rental index published by the INSEE.

Some properties are let out directly by a private person. Other landlords may ask an estate agent (realtor) to find a tenant. In the latter case, the landlord and the tenant must each pay half of the agent's fees. This will typically amount to about 4% to 8% of one year's rent for the tenant's part. The fee is only due once a tenancy agreement has been signed. According to what an estate agent has told me, some agents illegally make the tenant pay the entire fee instead of just half. It is worth checking this. Agents are obliged to publish their fees.

Some businesses that may call themselves agencies charge you a fee up front of for example 150 €. They show you that they have long lists of properties ready to let out. What you pay for is to get access to that list. There is no guarantee of anything. You have to contact the private landlords yourself and arrange everything. My advice is to walk away immediately. It is a well known scam in France. These businesses are often dishonest. They have been known to scan the press for private people's letting ads and to copy these ads into their own lists. The lists will frequently not be kept up to date. The properties may be of a quality that no one wants. The result is more often than not that once you start calling the numbers on the list, you will find that the properties have been let out long time ago and are no longer available. If you are still tempted, then ask yourself how - in a tight letting market where good properties are snapped up in a few days - these businesses could possibly be able to offer such a large choice that you will find nowhere else. A few real estate portals contain adverts where you have to pay exorbitant telephone rates just to get contact information. While I don't know if these sites are honest or not, there is no need to use them at all, given the vast number of property sites. See my list in the link section.

October is the time of the year when landlords and their representatives send their tenants the annual bill for refuse (garbage) collection if you don't pay a provisional amount each month in charges. The rubbish bill appears on the owner's bill for taxe foncière (property tax) as ordures ménagères. It covers the refuse collection for the calendar year. If you've rented the property only a part of the year, then you only have to refund this rubbish tax to the owner on a pro-rata basis. The tax office adds an extra percentage - typically 8% - to cover their cost of collecting the tax (yes, it's true, the owner not only has to pay a tax - he also has to pay a tax to cover the cost of collecting the tax). It has been a tradition for landlords to also charge the 8% to the tenant, but the Cour de Cassation (high court) decided in 2002 that this practice was illegal. Tenants do not have to pay the additional 8% on top of the garbage tax.

If you do pay regular, provisional amounts in charges, the landlord has to present an annual account of the charges paid in advance and the actual expenses paid on your account. The law regulates which expenses can be charged to you and which cannot. You should first of all be sure to understand which charges you are supposed to pay before signing the tenancy agreement. Then you should verify annually that you receive the account, that the numbers are correct, and that you either pay the different to the landlord (if you have paid too little), or that the landlord refunds what is due to you if you have paid too much. Don't let it accumulate through the years, as you can only claim money back for the last five years. Some landlords 'forget' to send the accounts to foreign tenants and to refund what is due. In an example I have seen, the landlord owed about 1000 euros to the tenant after five years and it took a legal insurance just to obtain the accounts for four out of five years. These landlords try to drag it out and make it difficult to obtain the facts so their cheating is not reversed.

Furnished lettings are regulated mostly by the Code Civil, the French common law. It was tightened up in 2005 to stipulate that if the letting is your main residence, it must be for a minimum of one year and automatically renewable, leaving the landlord the option to get rid of you only under specific conditions. You can give notice any time with a notice of one month.

For web sites with property ads, see our link page.

Note for residents of Denmark buying or owning property outside Denmark:
All property worldwide, owned by a resident of Denmark, is subject to the Danish property tax (ejendomsskat), even if that property as in France is already subject to similar local taxes - in France the dwelling tax taxe d'habitation and the property owner's tax taxe foncière. Owners of such properties have the privilege of paying taxes twice. The Danish government force Danish estate agents, money lenders and others to inform the Danish authorities about Danish residents owning property abroad. The principle of claiming tax twice on the same property would seem to be contrary to normal international tax principles and the functioning of the European Single Market, but until an international court has deemed this measure illegal, it will be in force. Property owners can attempt to protect themselves against this unreasonable double Danish tax by avoiding estate agents, money lenders and advisors in Denmark. These professionals have for that exact reason complained about the duty to inform authorities. Under Danish law, it is considered an offence not to declare foreign property, but as I said, the Danish law might be illegal under international law. Each person has to decide with himself whether to follow the Danish tax rule or whether to follow common sense and decency and not declare it, well knowing that fines could be imposed if 'found out'.

Glossary of French property terms

à partir du beginning, starting, from
achat purchase
agence immobilière estate agency (realtor)
agent immobilier estate agent (realtor)
an year
année year
annonce advertisement
appartement flat (UK) apartment (US)
ascenseur lift (UK) elevator (US)
atélier workroom
attenant adjoining
avec with, including
avenue (av) avenue
bail letting (lease)
balcon balcony
baraque shed, hut
bâtiment building
beau beautiful
beau(x) volume(s) spacious
belle beautiful
béton concrete
boulevard (bd) boulevard
box lock-up garage
buanderie laundry room
bureau literally: "study". In reality: a bedroom either too small to be called a bedroom or without windows or in the basement etc. Also see "coin bureau"
cabane hut, cabin, shed
cabanon cottage, small house
calme calm
caractère see "maison de caractère"
carrelage tiled floor
cave basement
cellier storeroom for wine and food
centre commercial shopping centre (UK) shopping mall (US)
chambre (ch) bedroom
chambre à coucher bedroom
chambre de bonne maid's room
charges expenses paid in addition to the rent to cover cleaning of common areas, refuse/garbage collection etc. and sometimes heating and water
charme de la campagne Literally: "charm of the countryside". In reality: "Don't complain if the farm next door keeps a pile of dung next to your kitchen window"
chaudière boiler
chauffage heating
cheminée fireplace
cheminée avec insert glass-fronted/enclosed fireplace
clôturé fenced
coin corner
coin bureau Literally: "corner study". In reality: "In a corner of a landing, you can fit a foldable chair and a laptop". See also "bureau"
commerces shops
comprenant including
compris included
concierge gardian
congélateur freezer
contrat de bail tenancy agreement (lease)
convecteur convector (heater)
corps (main) body. Corps de ferme: Principal farm building
couloir corridor
cour yard, courtyard
cuisine kitchen (means simply the room used as kitchen - not any inventory. If nothing else is specified, then the kitchen may be a bare room without any built-in cupboards or electric units)
cuisine aménagée kitchen equipped with built-in cupboards but without electric units
cuisine américaine Literally: "American kitchen". Means: Open-plan kitchen
cuisine équipée kitchen equipped with built-in cupboards and some electric units
cuisine indépendante Literally: "Independent kitchen". Means: Not open-plan kitchen; kitchen separate from lounge or dining room.
cuisine séparée see "cuisine indépendante"
cuisinière cooker
de of
débarras junk room, boxroom, junk cupboard, junk closet
dépendence outbuilding, outhouse
dépot de garantie deposit (maximum deposit is 1 month's rent according to the law)
dernier last
disponible available
double vitrage double glazing
douche shower
dressing dressing room
école school
électroménager white goods
entièrement completely
entièrement renové Literally: "entirely renovated". In reality: "Most of the property has been repainted and all visible faults covered under a layer of paint"
entrée hallway
escalier staircase
est east
étage floor
état des lieux inventory (taken very seriously in France)
étendage washing line(s)
évier kitchen sink
exclusivité Literally: "a scoop". In reality: "This property would have been much more expensive if it had been in a good state of repair"
F1, F2, F3 etc. short way of denoting a 1-pièce flat/apartment/house, 2-pièce etc. See "pièce"
fa short for frais d'agence
fenêtre window
ferme farm
fermé closed
fioul, fuel heating oil
four oven
frais d'agence estate agent's (realtor's) fee
frigidaire (frigo) fridge
fuel, fioul heating oil
garage garage
gaz gas (not gasoline!)
gazinière gas cooker
grand large
grange barn
grenier loft, attic
habitation dwelling
habité inhabited
honoraires estate agent's (realtor's) fee
hors excluding
hotte extractor
immeuble block of flats (UK) apartment building (US)
insert see "cheminée avec insert"
jamais never
jardin garden
lavabo bathroom sink
lave linge washing machine
lave vaisselle dish washing machine
libre free, available
living living room
location letting (lease)
lot short for lotissement
lotissement (lot) housing estate
loft converted living space in a loft
louer (to) rent, (to) let
loyer (the) rent (that you pay)
maçonnerie masonry, stonework, brickwork
maison house
maison de campagne house in the country
maison de caractère Literally: "House of character". In reality: "No significant maintenance has been done since this house was built more than 100 years ago, and modern facilities have been kept at a strict minimum"
maison de maître mansion
maison de village house in a village
maison de ville town house
maison individuelle detached house
maisonette small house
mas farm house in Provence
mazet, maset Occitan word for a small house in southern France, built of stone or brick, originally intended for temporary accommodation for family weekends or farm workers. Due to its original purpose, a mazet may not be insulated.
MdV short for maison de village or maison de ville
mer sea
meuble furniture
meublé furnished
meubles bas lower kitchen cupboards with work surface
meubles hauts upper kitchen cupboards
mitoyenneté semi-detached
mois month
mur wall
neuf new
neuve new
niveau(x) level(s)
nombre (nb) number
nombreux numerous
non not, no
non meublé unfurnished
nord north
ouest west
oui yes
ouvert open
parlophone interphone
pavillon detached house
petit small
pièce (p) room. Each lounge or bedroom counts for 1 pièce. Large rooms count for 2 pièces. Example: A 3-bedroom house with standard lounge has 4 pièces. A 3-bedroom house with a large lounge has 5 pièces.
pied-à-terre pied-à-terre (Literally: "foot on earth")
pierre stone
piscine swimming pool
placard cupboard or wardrobe
plafond ceiling
plein-pied Literally: "full foot". What it means: "at street level"
poêle (à bois) (wood-burning) stove
porte door
potager vegetable garden
premier first
prêt immobilier mortgage
proche near
proximité near by
radiateur radiator (heater)
rafraichi(e) Literally: "refreshed". In reality: "We have sprayed some air freshener to cover the bad smell"
rangement storage space
refait à neuf Literally: "renovated to appear as new". In reality: "Repainted to cover visible faults"
renouvelable renewable
renové Literally: "renovated". In reality: "The dirtiest rooms have been repainted and the most serious faults covered under a layer of paint"
renseignement information
restauré Literally: "restored". In reality: "The dirtiest rooms have been repainted and the most serious faults covered under a layer of paint"
rez-de-chausse (rdc) ground floor
rez-de-jardin ground floor with direct exit to a garden
salle à manger dining room
salle de bains (SdB) bathroom
salle d'eau shower-room
salon lounge, living room
sans without
sèche linge tumble dryer
séjour lounge, living room
situé à situated at
sous under
sous-sol underground, basement
standing luxury
stationnement parking
sud south
sur on
surface area, surface
T1, T2, T3 etc. Type 1, Type 2 etc. See "F1"
taxe foncière Real estate tax that the owner pays on the value of the property. In fiscal terms, it is a wealth tax for funding the spending habits of local authorities. Waste collection is often billed together with this tax. If the owner lives in his/her house, the taxe d'habitation is paid in addition to the taxe foncière.
taxe d'habitation dwelling tax due for a year for any property you occupy the 1st January whether you are owner or tenant. It is a tax for funding the spending habits of local authorities.
terrasse terrace
terrain ground, terrain
toilettes toilet (plural even if there is only one)
toit roof
toujours always, still
tout all
toutes all
transport en commun public transport
travaux à prévoir Literally: "maintenance work to be expected". In reality: "the property is in a miserable state and we are hoping to find someone else to refurbish the property so we don't have to pay for it"
véhicule vehicle
vente sale
véranda veranda
verdure green area
verger orchard
vide unfurnished
vielle old
vieux old
villa bungalow, detached house
village village
ville town, city
voiture car
vue view
WC water closet

 


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