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Legal data for leasing

Sections de l’article

    Owners’ rights and obligations

    Legally, the lessor is the owner of the leased dwelling.

    Whatever the profile of the landlord, whether he is a professional investor, owner of one or more apartments, and whatever the tenant’s, they each have rights and duties.

    Owners’ rights and obligations: The law obliges it to offer first and foremost decent housing. In other words, the dwelling must have all the necessary equipment and comfort to allow the tenant to use it normally. If the dwelling does not meet these criteria of decency, the law grants the tenant the right to require the landlord to be “compliant.”

    In addition to the decency of the dwelling, once the parties have agreed on the terms of the contract, the landlord will have to make his business of establishing a lease in writing..

    He will still have to guarantee the tenant in relation to any hidden defects that the house could meet at the time of signing the lease.

    If these are his obligations, on the other hand, we will essentially cite the rent that the tenant owes him at the agreed deadlines as well as the  deposit that guarantees  the payment of the former.

    Tenants’ rights and obligations

    The lease agreement is one of the most common real estate transactions, alongside real estate sales. This type of convention is also governed by multiple laws, including the Civil Code, the 1989 Law…

    Like landlords, tenants necessarily have certain rights and obligations,

    Tenants’ rights

    Among the rights granted by law to any tenant regardless of his status is the decency of the dwelling.

    The tenant must be able to live in decent conditions, both in terms of health and the comfort of the accommodation. In many cases, and more and more, all dwellings are also subject to energy performance conditions.

    In addition to the right to decent and energy efficient housing, the tenant must be able to fully enjoy the property..

    This means that the lessor cannot, in principle, limit the tenant’s use of the dwelling (subject to compliance with the destination of the rented premises, as set out in the lease agreement) or interfere with the tenant’s privacy by, for example, making unauthorized incursions into the rented dwelling.

    Obligations related to tenant status

     But tenant status does not only imply rights since the lease is synallagmatic: thus certain obligations are provided by law and generally by common sense and responsibility of each. The first obligation of the tenant is that he is obliged to honour the payment of rent. This is usually done monthly.

    Secondly, the tenant must also pay the so-called “rental” charges:  these include rental taxes such as the household waste collection tax. Rental expenses also include, and usually, current energy expenditure (water, electricity, etc.).

    in Rental
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