2015
Year the mandatory contrat type for furnished primary-residence leases was enacted
8+
Mandatory diagnostic documents to be attached to every new lease
11
Furnishing categories required by Décret 2015-981 — absence risks lease reclassification
€0
Value of a clause that is réputée non écrite — void but the rest of the lease stands

The Contrat Type: A Mandatory Template

Since Décret n° 2015-587 of 29 May 2015, every furnished primary-residence lease must conform to a government-prescribed template contract — the contrat type. This is not a suggested format: it is the legal minimum. Any clause that departs from the template in a way less favourable to the tenant is deemed unwritten (réputée non écrite) by operation of law. It has no effect, but the lease itself remains valid and the landlord cannot rely on the missing or void clause.

The contrat type applies to furnished primary-residence leases and bail mobilité contracts. It does not apply to meublés de tourisme, which are governed by contractual freedom — though even tourist lets have minimum information obligations. For non-resident landlords drafting their own leases from templates downloaded online, the risk of inadvertently including a void clause is high. A French-law lease review before signature is strongly advisable.

⚖️
Réputée Non Écrite: The Void Clause Mechanism

In French rental law, a void clause does not invalidate the entire lease — it simply disappears. The lease continues on its valid terms, with the void clause treated as if it was never written. This means a landlord who inserts an illegal clause (for example, a 3-month deposit requirement or a prohibition on pets) does not lose the lease, but cannot enforce the clause and may be liable in damages if the tenant suffered harm from relying on it. The tenant can raise the void clause defence at any time, including during proceedings to enforce the clause.

Lease Compliance Checker

Work through the five sections below to verify whether your furnished rental lease contains all mandatory elements. Tick each item present in your lease. Mandatory items that are missing will be listed in the results.

Furnished Rental Lease Compliance Checker
Tick each element present in your lease. Results show mandatory items you may be missing.
Section 1 of 5 — Parties & Property Identification
Mandatory
Full identity of all landlords
Name, date and place of birth, domicile address. Corporate landlords: company name, registered address, SIRET.
Mandatory
Full identity of all tenants
Name, date and place of birth, address. All co-tenants must be named; unnamed occupants have no legal standing.
Mandatory
Full property address, description, and surface area
Street address, floor, type, number of habitable rooms, surface area in m². For co-owned properties: loi Carrez measurement. An error exceeding 5% entitles the tenant to a proportional rent reduction within 1 year.
Mandatory
Shared building equipment and facilities listed
Lift, caretaker, collective heating/hot water, parking, cellar — all equipment accessible to the tenant must be listed.
Section 2 of 5 — Duration, Rent & Charges
Mandatory
Lease start date and duration (minimum 1 year)
Precise start date required. Minimum 1 year (9 months for students). A shorter term is void and extends to 1 year automatically.
Mandatory
Monthly rent stated in euros + IRL reference quarter
Exact monthly rent, whether charges are included or excluded, and the IRL reference quarter for annual review.
Mandatory
Charges: amount and method (forfaitaires for meublé)
For furnished lets, charges are typically forfaitaires (flat monthly amount). Amount must be stated and must be reasonable.
Mandatory (if deposit taken)
Security deposit amount (max 2 months, hors charges)
If a deposit is taken, the amount must be stated. Cap is 2 months' rent hors charges. Any excess is void and must be refunded.
Mandatory (zone tendue only)
Reference rent stated (encadrement des loyers)
In rent-controlled zones, the lease must state the reference rent and the complément de loyer (if any). Non-disclosure: tenant can demand retroactive rent reduction.
Section 3 of 5 — Furnishings & State of Property
Mandatory
Detailed furnishings inventory (annexe)
Complete list of every item of furniture and equipment with condition at start of lease. Separate annex, not part of the état des lieux. Missing items cannot be charged to the tenant at exit.
Mandatory
All 11 furnishing categories present (Décret 2015-981)
Bedding, window coverings, hob (2 rings min.), oven/microwave, fridge-freezer, crockery/cutlery, kitchen utensils, table/chairs, storage, lighting, cleaning equipment. Missing categories risk reclassification to unfurnished regime.
Mandatory
Entry état des lieux signed by both parties
Must be completed at key handover. Without it, the property is presumed to have been delivered in good condition and the landlord cannot charge for any damage.
Mandatory
Décence (habitability) standards met
Min. 9m² floor area, min. 2.20m ceiling, no health/safety hazards, working water/electricity/heating. DPE rated G cannot be let under new leases from 1 January 2025.
Section 4 of 5 — Diagnostic Documents
Mandatory — all properties
DPE — Diagnostic de Performance Énergétique
Energy rating A–G. Must be valid (under 10 years old; under 4 years for F/G rated). Properties rated G cannot be let under new primary-residence leases from 1 January 2025.
Mandatory — all properties
ERP — État des Risques et Pollutions
Must be less than 6 months old at lease signature. Covers flooding zones, seismic risk, industrial risk, radon, and soil pollution. Failure: tenant may rescind within 2 months of signature.
Mandatory — pre-1949 buildings
CREP — Constat de Risque d'Exposition au Plomb
Required for properties built before 1 January 1949. If lead is detected at dangerous levels, the landlord must remediate before letting. Landlord bears strict liability for any lead-related harm.
Mandatory — pre-July 1997 buildings
Asbestos state (état amiante)
Required for buildings with permit before 1 July 1997. A positive result requires monitoring or encapsulation but does not automatically prohibit letting.
Mandatory — installation >15 years
Gas and electricity installation state
Required if gas or electrical installation is more than 15 years old. A dangerous deficiency must be remediated. Landlord bears strict liability for accidents from an undisclosed deficiency.
Section 5 of 5 — Obligations & Void Clauses
Mandatory
Tenant insurance obligation stated in lease
The lease must require the tenant to maintain responsabilité civile locative insurance and provide proof annually on request. Failure to maintain is a legitimate ground for termination.
VOID if included ⚠
Deposit exceeding 2 months' rent hors charges
Any clause requiring more than 2 months' deposit is void. The excess must be refunded immediately. Cannot be framed as a "reservation fee."
VOID if included ⚠
Prohibition on pets (cats and dogs)
Since loi du 2 mars 2022, a clause prohibiting cats and dogs is void for primary-residence leases. Dangerous dogs (categories 1 and 2) may still be excluded.
VOID if included ⚠
Charging tenant for structural or major repairs
Major repairs (roof, structure, collective heating) are the landlord's responsibility. Any clause transferring these to the tenant is void. Tenant responsibility is limited to Décret 87-712 minor maintenance only.
VOID if included ⚠
Rent increase formula beyond IRL index
Annual rent review is capped at the Indice de Référence des Loyers (IRL). Any clause allowing increases above IRL — fixed percentage above IRL, inflation indexation — is void.
Section 1 of 5

The Décence Standard: Habitability Requirements

Every furnished rental must meet the décence (habitability) standard set out in Décret n° 2002-120. This applies regardless of the age of the building or the nationality of the landlord. A property that does not meet the décence standard cannot lawfully be let; a tenant who discovers a décence deficiency after signature may demand the landlord carry out necessary works, claim damages, and in some cases withhold rent.

Minimum physical standards
  • Minimum floor area: 9m² with ceiling height at least 2.20m (or 20m³ volume)
  • Watertight roof and external walls — no significant water infiltration
  • Working heating adequate for the climate of the region
  • Cold running water and a kitchen/kitchenette space
  • Functioning indoor sanitary facilities (WC, shower or bath)
  • Adequate natural light in main rooms
  • Electrical installation without safety hazard
Health & safety standards
  • No materials or devices presenting health risks to occupants
  • No excessive humidity or condensation hazard
  • No lead exposure above regulatory thresholds (pre-1949 buildings)
  • No asbestos in accessible condition (pre-1997 buildings)
  • Working carbon monoxide detectors (mandatory since 2023 in residences with fuel-burning appliances)
  • Smoke detectors mandatory — landlord installs, tenant maintains
  • Energy performance: DPE G-rated properties cannot be let under new leases from 1 January 2025
🚫
DPE G-Rated Properties: Letting Prohibition from 2025

From 1 January 2025, properties rated G on the DPE cannot be offered for new primary-residence leases. Existing leases on G-rated properties can continue, but cannot be renewed. F-rated properties follow from 1 January 2028, and E-rated from 2034. For non-resident landlords with older French properties, this timetable creates an urgent need to assess DPE ratings and plan renovation works. A G-rated property that cannot be let loses all rental income — and the BIC tax treatment that goes with it.

Consequences of a Non-Compliant Lease

A furnished rental lease that fails to comply with the contrat type, omits mandatory documents, or includes void clauses exposes the landlord to multiple simultaneous risks. French courts regularly award tenants damages and rent reductions based on lease non-compliance.

Non-compliance Legal consequence Financial impact
Furnishings below 11-category standardLease reclassified as unfurnished (nu)Loss of BIC status, loss of amortissement, back-taxes; deposit cap drops to 1 month
DPE not attached or outdatedTenant may claim damages for heating costs exceeding reasonable expectationDamages for excess energy costs; potential rent reduction
DPE rated G — new lease from 2025Lease is unlawful from 1 January 2025Cannot enforce rent; potential fines; tenant may terminate without notice
ERP not attached or more than 6 months oldTenant may rescind within 2 months of signatureFull lease rescission; loss of rental income
CREP not attached (pre-1949 property)Landlord liable for any lead-related harmPotentially unlimited damages for health harm
Deposit exceeds 2 months capExcess amount void; landlord must refundRefund of excess + 10% monthly penalty if not returned promptly
Surface area error >5% (co-owned property)Tenant entitled to proportional rent reduction within 1 yearRetroactive rent reduction for entire tenancy to date
Missing encadrement des loyers reference rentTenant can seek rent reduction retroactivelyRetroactive rent reduction to the reference rent ceiling
⚠️
Non-Resident Landlords: The Template Problem

A particularly common problem for non-resident landlords is using a lease template sourced from outside France — a translated English-language template, a generic European lease form, or a template from another French-speaking country such as Belgium. None of these comply with the French contrat type. Any clause that departs from mandatory French provisions is void. French mandatory rental law cannot be contracted away, regardless of the nationality of either party or any choice-of-law clause in the contract.

Using a Property Management Agent

Many non-resident landlords manage their French meublé through a gestionnaire (property management agent). Where an agent signs the lease on the landlord's behalf, the agent is responsible for ensuring the lease complies with the contrat type and that all mandatory diagnostic documents are obtained and attached. However, ultimate legal responsibility remains with the landlord — a landlord cannot shift liability to the agent simply by delegating the task. If the agent provides a non-compliant lease, the tenant's remedies run against the landlord directly.

When selecting a property management agent in France, verify that they hold a carte professionnelle (professional licence) issued under the loi Hoguet, that they carry professional indemnity insurance, and that they use an up-to-date, compliant lease template. Ask specifically whether their template reflects the 2022 pet clause reform and the 2025 DPE prohibition.

The Furnished Rental Contract: Landlord Obligations in Summary
  • Contrat type (Décret 2015-587): every furnished primary-residence lease must conform to the government-prescribed template. Non-conforming clauses are réputées non écrites — void but the lease stands. The template applies to bail mobilité contracts as well. Non-resident landlords cannot use foreign-law templates — French mandatory rental law applies regardless of nationality or choice-of-law clause.
  • Mandatory content: full identity of all parties; precise surface area (loi Carrez for co-owned properties — error over 5% = retroactive rent reduction); all building equipment; rent, charges, deposit amount, IRL reference quarter; reference rent in zone tendue (non-disclosure = retroactive reduction).
  • Furnishings (Décret 2015-981): detailed inventory as separate annex (only listed items can be charged at exit). All 11 categories physically present — bedding, window coverings, hob, oven/microwave, fridge-freezer, crockery, kitchen utensils, table/chairs, storage, lighting, cleaning equipment. Absence = reclassification to unfurnished regime + loss of BIC tax treatment.
  • Diagnostic documents: DPE (all properties; G-rated cannot be let under new leases from 1 January 2025), ERP (all properties; max 6 months old; failure = tenant can rescind within 2 months), CREP (pre-1949), asbestos state (pre-July 1997), gas/electricity state (installation over 15 years). F-rated from 2028; E-rated from 2034.
  • Void clauses (L. 89-462 Art. 4): deposit above 2 months hors charges; pet prohibition for cats/dogs (since loi 2022-297 of 2 March 2022); structural repair obligations on the tenant; rent review above IRL index. These clauses are unenforceable — landlord cannot rely on them and may owe damages.
  • Property management agents (loi Hoguet): verify carte professionnelle, professional indemnity insurance, and use of current compliant template. Ultimate legal responsibility remains with the landlord regardless of delegation. Ask specifically about 2022 pet reform and 2025 DPE prohibition compliance.
Need Your French Meublé Lease Reviewed?

Our English-speaking French lawyers draft and review furnished rental contracts for non-resident landlords, ensuring full compliance with the contrat type, the furnishings decree, and all mandatory diagnostic requirements. Fixed-fee lease review available.

Book a Consultation

This 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 drafting or signing a French furnished rental contract.