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Through a professional, a real estate agent for example, the deposit can not exceed 25% of the rental fee (including payment of guaranty deposit). Between individuals, the payment shall be freely established but it is advisable to stick to the 25% rule which applies to professionals.
It is therefore important to ascertain the extent of cover compared to the value of furniture and chattels contained in the housing. This estimate may well be included in the contract.
When the tenant fails to rent (most common), the owner is entitled to demand payment of the full rental fee. In contrast, when the cancellation is made by the owner, the tenant can not only request a refund of the amount paid, but also demand damages for the harm suffered.
The amount of the down payment is set free when the lease is between individuals, but limited to 25% (deposit included) when it is done through a professional (real estate agent ...).
It should indicate the exact address, type of housing (apartment or house), number of rooms and living area. It should list the parts and equipment at the lessee the exclusive enjoyment (terrace, garage ...) or enjoyed the same basis as other residents of the building (elevator, intercom, green spaces, courtyard ... ).
The duration of the lease must also be determined precisely with the start and end of lease. The arrival and departure are generally indicated. The amount of rent and payment terms are of course included in the contract and expenditure schedules. Expenses, unless they are included in the rent, can be calculated or flat rate in advance, either by actual consumption of water, electricity, etc.. In this case, regulation occurs at the end of the stay or a few weeks later. The contract must also specify the amount of security deposit, the method and details of his return.
It must also contain the description of places
The decree of May 16, 1967 also stipulates that "any rent in furnished shall, prior to the contract, subject to delivery to the tenant a description of the leased premises stating the price of rental and where applicable, the amount of commission.
The description shall be prepared in two copies (one for the owner or his representative, one for the tenant) and signed by both parties. If the information provided by the owner are not sufficient, the tenant may request additional information.
Moreover, for rent from people, it is recommended to follow the model specification that we reproduce in order to assist the prospective tenant. The descriptive writing and signed engages the responsibility of the owner on the characteristics of its offer.
The information they contain which must be accurate because, otherwise, the owner is liable to penalties including the payment of a fine.
Then must be noted, for example in tabular form for each piece, the state of its components: floor, wall, plumbing, sanitary, electrical, antenna jacks, equipment and cabinets, doors and windows ... Must specify whether the items are new, undamaged, in a state of use ... Meter readings for gas, electricity, water, should also be noted.
Please specify the damage already existing (damaged furniture, stained carpet ...) and the items missing from inventory (even the dishes!). In contradiction, the same document must be prepared when the tenant vacates the apartment.
Self-catering cottages and guest rooms are controlled by the Federation Nationale des Gites de France and classified according to their level of comfort: 1 to 4 ears (1 ear: comfortable, 2 ears: comfort, 3 ears: great comfort, 4 ears: charactered house and charactered environment).
With its seasonal nature, this type of lease may be governed by the rules of the Act of July 6, 1989 related with rental income. It is the Civil Code provisions that apply. These regulations include certain requirements depending on whether the dwelling is or is not subject to classification (Catering) and whether the seasonal owner is or is not considered as a professional.
They are classified into five categories, corresponding to 1, 2, 3, 4 and 5 stars depending on the level of housing comfort.
Any owner-catering, if he wants to get the classification, must complete a description of the slot and sent to the mayor of the municipality to which the furnished indicating the classification category that request. He is issued an identification number, then the prefecture performs classification and sends the order of ranking for mayor who then informed the owner.
The status of owner-catering tourist forced the owner to comply with the standards of comfort provided in the classification category of the dwelling.
However, if the lease is entered through a professional (real estate agent, property manager), payment may not be required more than six months prior to hire, nor exceed a quarter of the amount of rent when it occurs before entering the premises. The balance is payable against delivery of the keys.
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