Lawyer for residential lease - GOLDWIN Avocats
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Lawyer for residential lease

Lawyer for residential lease

The Goldwin Law Firm has a great deal of expertise and technicality in the field of rental contracts. Our lawyers, specialized in residential leases and rental law, will assist you in resolving all issues relating to housing, both in terms of advice and litigation.

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Housing is the source of a large number of conflictual relations and real estate disputes between tenants and owners, but also for professionals such as real estate agencies. Rental law thus occupies a large place in the courts and among mediators. As a residential lease lawyer, we intervene at each stage of the rental process:

Drafting and signing of the rental contract;
Difficulties in the execution of the lease;
Disputes between tenant and landlord;
Fixing of an abusive rent;
Disputes related to the inventory of fixtures at the end of the lease;
Breach of the lease.

Goldwin Law Firm assists all parties in the management of disputes. More specifically, we intervene in all matters that may affect a rented property. As a real estate lawyer in Paris, our firm has the expertise and technical know-how to define creative and effective strategies to defend the interests of all parties involved in real estate ownership.

We will explain how a residential lease lawyer can help you answer all your questions such as

  • Can my Paris landlord charge me rent above the ceiling?
  • What to look out for when handing over the keys and the inventory of fixtures?
  • How to react if my tenant does not pay his rent ?
  • How can I stop my tenants’ untimely parties ?

Whether you are a tenant or an individual owner of a rented dwelling, do not hesitate to call upon a lawyer in rental law at the first difficulty related to your residential lease.

When should you call upon a residential lease lawyer in Paris?

Consisting of lawyers at the Paris Bar, the Goldwin Law Firm is a specialist in real estate law and real estate rental law. Its media reputation is linked to its successes in lawsuits concerning Airbnb rentals in particular.

The lawyer specialized in residential leases advises landlords

You own a rental property in Paris or the Paris region? Are you experiencing difficulties with your tenant?

For example, you may be wondering about the best strategy to adopt as soon as the first rental payments are overdue. You want to be sure to follow the right procedure towards the tenant and towards the insurance or unpaid rent guarantee (GLI). You want to put the deposit into play but no one answers your letters. Failure to pay rent is often the landlord’s phobia.

In another register, the landlord also very often has neighborhood conflicts to solve, especially in buildings in Paris. Indeed, he may be responsible for neighborhood disturbances caused by his tenant. In the rental contract, the tenant agrees not to commit any abnormal neighborhood disturbances and to respect the co-ownership rules. As soon as the condominium manager or the residents of the building inform you of the noise caused by your tenant, you must discuss the matter with him, verify the facts and encourage him to calm down, before sending him a formal notice.

Finally, the last frequent point of attention for the landlord is irregular subletting. If you cannot forbid your tenant to host a relative free of charge, in some cases, the tenant sets up illegal sublets, without your authorization, whether it is a seasonal rental during his or her vacations or on a more permanent basis.

For each problem, the advice of a residential lease lawyer will save you time.

The lawyer specialized in rental law advises tenants

Are you a tenant of an apartment in Paris or a house in the Paris region? Are you experiencing problems with your landlord?

With residential leases, the defense of the tenant frequently concerns a problem following unpaid rents, the realization of work or the need to have work carried out by the owner, a disagreement on the livable surface or an erroneous calculation of the rental charges, abnormal nuisances in the building, or degradations imputed by your landlord. At the end of the rental contract, it can also concern a notice to sell or to repossess if you doubt the veracity of the arguments or the non-return of the security deposit.

A lawyer specialized in rental agreements advises real estate agents and other professionals

A lawyer specialized in rental law or, more broadly, a specialist in real estate law also advises real estate rental professionals: real estate agencies but also property managers in charge of rental management for lessors.

The rental law attorney intervenes in rental disputes:

If amicable negotiations and mediation procedures fail, the Goldwin Law Firm will defend your rights in court, particularly in the case of

Unpaid rent litigation,
Eviction procedures (including appeals and litigation in the event that the police do not assist in the eviction).
Litigation of rental charges,
Litigation concerning the return of the security deposit at the end of the lease.
What is a residential lease ?

A residential lease is a rental contract for premises used as the lessee’s main residence or for mixed use (main residence and a non-trading activity).

In France, the law on residential leases is the law of July 6, 1989 aimed at improving rental relationships. This text provides in detail for residential leases and tenant/landlord relations in order to avoid abuses on both sides. Rental disputes concern bare rental contracts (without furniture) or furnished rental contracts, as long as the dwelling is the tenant’s principal residence. The concept of principal residence was specified by the ALUR law n°2014-366 of March 24, 2014 as the housing occupied at least 8 months of the year.

In other cases, other statutes and rules apply depending on the specificities: tourist rental, seasonal rental, mobility lease, student lease, etc. Social or low-cost housing is subject to specific rules. Our real estate lawyers are competent to assist you in each sector.

For the owner, the choice between renting a furnished apartment or an empty apartment depends on several considerations, in particular the rental market in his city, the tax consequences of the rental (land income, LMNP or non-professional furnished rental, an advantageous but complex status).

The drafting of the rental contract

The drafting of the residential lease is subject to a model for any contract signed since August 1, 2015. It is the ALUR law that obliges to respect the model of the rental contract. Despite this model, the drafting of the residential lease is particularly sensitive on certain points:

The fixing of the amount of rent

In some cities, such as Paris and Lille, rent setting is subject to two rules: rent control in tense areas and reference rent control. Whether you are a tenant or a landlord, you must be aware of these regulations. As a tenant, you can demand a rent reduction action. If such an action does not require the presence of the best real estate lawyer in Paris, his advice is precious in order not to commit any mistake. Indeed, the request must contain the entirety of Article 140 VI of the law of November 23, 2018, as well as the amount of the proposed rent and the increased reference rent!

When renewing the lease, the setting of the new rent is also subject to specific rules. Similarly, the annual increase in rent can be done if it is provided for in the initial residential lease (rent review clause) according to the rent reference index (IRL).

The security deposit

Among all rental disputes, those related to the return of the security deposit are important. When the lease is drawn up, the landlord may require the payment of a security deposit, which he or she will collect, unless he or she receives more than two months’ rent payable in advance. The amount of the deposit is limited to one month’s rent (excluding charges) in the case of an empty rental and two months’ rent (excluding charges) in the case of a furnished rental.

The deposit and the insurance against unpaid rent

The owner can also require either a guarantee from a third party, or take out a guarantee against unpaid rent. The act of guarantee follows a formal procedure to mark the commitment of the natural or legal person to pay the rent in place of the defaulting tenant. The simple guarantee obliges the lessor to act first with his tenant while the joint guarantee allows him to act at the same time against both.

A guarantee for unpaid rents can be subscribed by the owner and give rise to litigation in case of unpaid rents. Very often, the conditions of implementation of these private insurances are drastic and the accompaniment of a lawyer in rental law is beneficial.

The signatories of the lease contract

An essential point of the residential lease concerns the signatories. On the owner’s side, if the property is owned by a couple, is it necessary for both to be signatories? Does it depend on the marriage contract? On the tenant’s side, if one of the members does not work, should he/she be a signatory of the lease? And if a separation or divorce occurs during the tenancy, what are the obligations of the landlord or tenant ? Is it mandatory to write an amendment to the lease contract ? What are the specificities of shared rentals ? As soon as we look at the contract in detail, we realize its shortcomings. The right solution? Call a residential lease lawyer for a consultation.

The execution of the lease

After the signature of the lease, the inventory of fixtures is usually done when the keys are handed over. The first disputes between the landlord and the tenant occur during the execution of the lease.

Recovery of unpaid rents and charges

In case of unpaid rents, the use of a real estate lawyer is useful to impress the tenant and affirm the determination of the landlord to obtain the payment of the rents. In general, a war of attrition sets in and it is advisable to master all the stages: formal notice, questioning of the guarantor, procedure with the unpaid rent guarantee organization, information from the CAF, order to pay by bailiff, etc. This can lead to the termination of the lease and the eviction of the tenant.

Rights of the tenant

The tenant has rights in return for the payment of the rent, in particular the right to decent housing and to have the necessary work done to bring the housing into conformity.

Other disputes arise concerning the work to be carried out by the tenant or the owner, the amount of recoverable charges and the regularization of rental charges. The dispute of the rental charges is played on the detail of the work carried out on both sides. Compensation for rental repairs may be due.

The end of the residential lease
Leave to sell

The tenant remains in place as long as he or she wishes and as long as he or she fulfills all of his or her obligations under the residential lease. The landlord can give notice to sell the dwelling, notice to repossess (to live in the dwelling or to put a close family member in it) or notice for legitimate and serious reasons. Have a residential lease lawyer check that all the conditions for the termination of the lease, in terms of form and content, have been met.

Termination of a residential lease

If a resolutory clause for non-performance of the lease obligations is included in the rental contract, the judge can quickly pronounce the termination of the lease. The intervention of a residential lease lawyer saves time before the court or the local court. Without waiting for the eviction measures if the tenant refuses to leave the premises, in particular between the promise of sale and the deed of sale or in the event of termination of the lease for unpaid rent. The eviction procedure is long and complex, involving several authorities. During this time, the tenant finds himself in a position of occupation without right or title (OST).

Restitution of the security deposit

The inventory of fixtures at the end of the lease is comparable to the one at the beginning. Vigilance is required for both acts. Your tenant does not want to pay the last month’s rent ? Your landlord wants to have the apartment repainted with your security deposit? Litigation related to the security deposit is numerous. Call a residential lease lawyer quickly!

 

Your residential lease lawyer is competent for other rental contracts

The residential lease is not the only contract for renting a dwelling. There are commercial leases for premises that are suitable for commercial use. Seasonal rental contracts, occupations without right or title, precarious occupation agreements, law 48 leases, etc. All this also requires the intervention of a lawyer specialized in real estate. It is important to accompany each party and to solve the rental conflicts.

Your lawyer in rental law

A lawyer specialized in residential lease law assists you from the signature until the end of the residential lease. He intervenes in advice as well as in litigation with each party: tenant, co-tenant, private owner, real estate professional.

The Goldwin Law Firm, expert in real estate law, deals with all sectors:
lawyer in co-ownership law

  • lawyer to defend against a co-ownership syndic
  • lawyer in case of eviction
  • lawyer in construction law
  • commercial lease lawyer

 

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