Apartment rental in Cannes with Immosol-Vacances

01 . Can the owner claim me the balance a month before entering the premises ?

The owner can actually claim you to pay the balance one month before. But beware of the consequences : if you withdraw, then you lose all of what you paid. We therefore recommend the owner to claim the balance on the day of taking possession.

02 . Is The owner therefore entitled to ask for a deposit before sending the contract ?

Before sending the deposit, it is desirable to receive the contract to obtain detailed information concerning the rental.
But in practice, the owner can claim the payment of deposit before sending the contract. In general, it is customary to pay 25% of the rental fee within a maximum of 6 months preceding the lease.

03 . What is the difference between deposit and down payment ?

These are amounts paid to the owner when booking a rental.
The commitment will not be the same if it is a deposit or down payment (Article 1590 of Civil Code).

The deposit allow both parties to retract. In case of withdrawal of the tenant, they will be retained by the lessor. They must be returned to doubles in case of cancellation by the lessor.
The down payment leads to a binding commitment, the tenant may be forced to pay the full rent if cancellation occurs.

04 . The owner has the obligation to give me a description and/or a rental contract ?

Yes, under Decree No. 25-305 of May 16, 1967, all vacation rentals in furnished shall, prior to its conclusion, provide with a description, i.e. tell the tenant the exact location of the good, the description of the leased premises and conditions of the lease.

05 . Can the landlord keep my deposit without consulting me?

If damage has occurred the owner is in right to withhold all or part of the deposit.
For this, it must imperatively be established between the two parties an overview of entry and exit. The owner must also warn you on departure or within 10 days a sum will be retained and provide supporting documents.

06 . Can the owner ask to pay charges in addition to the rent ?

In general charges are included in the rent.
But the landlord can charge you charges, either by asking you a lump sum or according to real billing. In this case, it must perform a meter reading at the entrance and exit of the locations. You then will carry the cost of your consumption on the scale of companies.

07 . What to do in case of dispute ?

In case of dispute, whether it is because the owner or tenant, we invite you to always give priority to negotiations amicably.
It is not uncommon even after a rather lively discussion that owner and tenant find common ground, thus avoiding a long and tedious lawsuit.

If the dispute persists, then everyone should gather up all the evidences :

Take photos
Collect testimonies
Recourse to a bailiff for housing state

The tenant can also contact the Departmental Directorate for Competition and Fraud (DDCCRF) if the description does not correspond to the location. This organisation is empowered to control and punish the owner that has provided clearly inaccurate information on the situation of the building, consistency and inventory, items of comfort or furniture.
Once the evidences gathered and if you're still determined to pursue your action you must bring the case to court and seize the court's place of residence where the building is located. The court will decide the dispute based on information provided by the 2 parties.

It is important to remember that the private rental is not subject to any rules except for the giving of a description.

08 . Can I keep the deposit if the tenant cancels the lease ?

Yes, you can under section 1590 of the Civil Code, retain the deposit amount if the tenant forfeit. But we invite you to insert into the lease a clause allowing the tenant to recover the deposit in case of withdrawal at least one month before the beginning of the lease.

09 . What if the tenant brings more people ?

As the lease is scheduled for a limited number of people, the tenant can not bring any additional people without your agreement. You can claim a fixed amount per day per additional person under contract.

010 . Is insurance my dependents ?

Insurance is charged to the tenant but it is also prudent to ensure your accommodation.
You may require a certificate or a photocopy of insurance. Most of the time the contract covers the multi-hazard housing rentals, otherwise the tenant may request a "vacation" extension from his contract.

011 . Can the tenant demand the refund of his deposit on the day of his departure ?

You should check the conditions of refunds provided in your contract. We recommend that you return the deposit or upon departure or within 10 days if no payment is due by the tenant or no degradation occurred.

012 . What are my remedies for damage committed by the tenant ?

We must first make an inventory of entry and exit to know the extent of damage. The guaranty deposit is to compensate you for damaged. You can, either upon departure claim for reimbursement to the tenant, or warn him within 10 days by registered letter with acknowledgment of receipt. In both cases you must submit proof. If the deposit does not cover all the damage, try to find an amicable solution. In case of no settlement, you must enter the court of the building's location.

013 . Do I have to claim the city tax ?

It depends if your municipality has voted the tax at a resolution of council. Indeed, local authorities can impose a tax to persons residing on an occasional basis in a furnished rental. It is the council which sets out details of the tax per person per night of stay for each type and for each category of accommodation. The amount of this fee varies enter 0.15 and 1.50 euro. It is fully transferred to the municipality recipient.

014 . What to do in case of dispute ?

In case of dispute, whether it is because the owner or tenant, we invite you to always give priority to negotiations amicably.
It is not uncommon even after a rather lively discussion that owner and tenant find common ground, thus avoiding a long and tedious lawsuit.

If the dispute persists, then everyone should gather up all the evidences :

Take photos
Collect testimonies
Recourse to a bailiff for housing state

The tenant can also contact the Departmental Directorate for Competition and Fraud (DDCCRF) if the description does not correspond to the location. This organisation is empowered to control and punish the owner that has provided clearly inaccurate information on the situation of the building, consistency and inventory, items of comfort or furniture.
Once the evidences gathered and if you're still determined to pursue your action you must bring the case to court and seize the court's place of residence where the building is located. The court will decide the dispute based on information provided by the 2 parties.

It is important to remember that the private rental is not subject to any rules except for the giving of a description.

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