Lease of houses and villas

Lease
We offer the full range of services, from leasing real estate property and providing support in signing of all administrative documents to management of already leased housing.
If you own a real estate unit and wish to save up your time, not going into all administrative matters, we will be glad to cooperate with you.

Main steps:

1. Technical certificate

Technical certificate is an information and reference document showing the actual condition of the relevant housing. Technical certificates are issued upon purchase, sale, exchange or replanning of apartments.

Technical certificate is an obligatory document for leasing of unfurnished housing from the moment of coming into force of the Law of July 6, 1989. It is also recommended for other types of lease (furnished premises, leased seasonal premises etc.).

This document shall be drawn up upon the Lessee’s moving in, in the presence of the owner or his representative. In separate cases, a legal agent (huissier de justice) may be present upon signing this document.

This document containing the results of the visual inspection shall be signed by both parties and shall be used upon the Lessee’s moving out in order to state any damage caused, if any.

Lease of unfurnished premises

Lease of unfurnished premises means leasing of real estate units without furniture. This type of lease is covered by the provisions of the law of July 6, 1989 and it differs from lease of furnished premises.

Lease of furnished premises

Lease of furnished premises means leasing o real estate units with furniture of first priority and entails, starting from January 1, 1991, exemption from the value added tax (TVA).
Lessees of furnished premises are divided into 2 types:

- professional lessees (premises are leased for offices, shops etc.) - LMP.
- non-professional lessees (premises are leased for living etc.) - LMNP.

Lease of seasonal housing

Seasonal housing, as a rule is always offered with furniture.
Lease contracts are concluded for a period not exceeding 90 days, and this period may not be prolonged (Law 70-9 of January 2, 1970, Art. 1-1).
This way, seasonal type of lease is defined by the lease term. If the lease term is prolonged, the judge may reclassify the seasonal lease into a simple lease of furnished housing. In accordance with these conditions, lease of seasonal housing, in general, is divided into:
 

- housing leased for the period of vacations and leaves;
- housing leased to seasonal workers.

Although housing for students is leased for a short term (nine months), it is not considered as lease of seasonal housing.

2. Security deposit

Security deposit, as a guarantee, shall be given by the lessee to the owner or his representative for the lease period.
Lessee’s security deposit
The Lessee shall pay a security deposit to the Lessor in the beginning of the lease term. This amount shall be returned upon expiration of the contract, but it may be withheld in case the rental fee was not paid or the leased premises were damaged.

Starting from February 9, 2008 (Purchasing Power Law), the security deposit for leasing of unfurnished premises shall amount to a one-month rental fee. As to leasing of furnished premises, the amount of the security deposit is not defined; however in practice, as a rule, it is a two-month rental fee.

The security deposit shall be returned to the Lessee not later than two months after the keys of the premises were given back by the Lessee to the owner of the premises. If the owner of the premises does not return the security deposit, then the Lessee, after the relevant warning, may apply, depending on the amount of the claim (exceeding or being less than EUR 4000), to the district judge or to the Court of First Instance. Prior to initiating any legal proceedings, you can also apply to a conciliation commission for leased housing.

Allocations to cover the costs

Allocations to cover the costs are an amount charged to the Lessee for a partial covering of the costs while waiting for the final settlements provided by the syndicate.

3. Preliminary notification

Preliminary notification is a unilateral rescission of the contract.

Within the scope of the contract of lease of residential premises, the Lessee may give the Lessor a notification on termination of the contract of lease at any moment three or one months prior to the expiration of the contract, depending on whether the leased premises are unfurnished or furnished.

However, the Lessor, on his part, cannot rescind the contract of lease prior to the expiration of the contract. It is only possible if the Lessor has decided to sell the housing, to use it as his own residence or under other lawful and serious reason. Notification on termination of the contract of lease shall be given six months prior to the expiration of the contract of lease of unfurnished residential premises and three months prior to the expiration of the contract of lease of furnished residential premises.