Lawyer for residential leases

Housing is the source of a large number of conflictual relationships and property disputes between tenants and landlords, but also for professionals such as estate agents. As a result, tenancy law plays an important role in the courts and among mediators. As a residential tenancy lawyer, we are involved at every stage of the tenancy process:

• Drafting and signing the tenancy agreement;
• Lease performance difficulties;
• Disputes between tenants and landlords;
• Setting unfair rents;
• Disputes relating to the inventory of fixtures on departure;
• Breach of residential lease.

Goldwin Law Firm assists all parties in managing disputes. More specifically, we can help with any issues that may affect a rented property. As a property lawyer in Paris, our firm has the expertise and technical know-how to define creative and effective strategies to best defend the interests of all those involved in property ownership.

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

• Can my Paris landlord charge me rent above the ceiling?
• What should I look out for when handing over the keys and carrying out the initial inventory of fixtures?
• What should I do if my tenant doesn’t pay the rent?
• How can I put a stop to my tenants’ excessive partying?

Whether you are a tenant or an individual who owns a rented property, don’t hesitate to call on the services of a tenancy law solicitor at the first sign of trouble with your tenancy agreement.

When should I call on the services of a residential lease lawyer in Paris?

Cabinet Goldwin, a firm of lawyers at the Paris Bar, specialises in property law and tenancy law. Its media reputation is linked to its success in cases involving Airbnb rentals in particular.

Lawyers specialising in residential leases advise landlords

Do 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 your rent payments start to fall into arrears. You want to be sure that you are following the right procedure with regard to the tenant and the insurance or guarantee for unpaid rent (GLI). You want to call in the deposit but no-one is replying to your letters. Failure to pay rent is often a phobia for landlords.

On a different note, landlords are often faced with neighbour disputes, especially in Paris. They may be liable for neighbourhood disturbances caused by their tenants. As part of the rental contract, the tenant undertakes not to cause any abnormal neighbourhood disturbance and to comply with the co-ownership regulations. As soon as the co-ownership association or the residents of the building inform you of the noise caused by your tenant, you must discuss the matter with him, check the facts and encourage him to calm down, before issuing a formal notice.

Finally, the last frequent point of attention for landlords is illegal subletting. While you cannot forbid your tenant to accommodate a relative free of charge, in some cases the tenant will sublet the property illegally, without your permission, either on a seasonal basis during their holidays or on a more permanent basis.

For every problem, the advice of a residential lease lawyer can save you time.

Lawyers specialising in tenancy law advise tenants

Are you renting a flat in Paris or a house in the Paris region? Are you experiencing problems with your landlord?

With residential leases, the tenant’s defence frequently concerns a problem following unpaid rent, the carrying out of works or the need to have works carried out by the landlord, a disagreement over the floor area or an incorrect calculation of rental charges, abnormal nuisances in the building, or damage charged by your landlord. At the end of the rental contract, this can also involve a notice to sell or to repossess if you doubt the veracity of the arguments, or failure to return the security deposit.

A lawyer specialising in tenancy agreements advises estate agents and other professionals

A lawyer specialising in tenancy law or, more broadly, in property law, can also advise professionals involved in letting property: estate agents, but also property managers responsible for managing tenancies on behalf of landlords.

Lawyers specialising in tenancy law can help with tenancy disputes:

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

• Disputes over unpaid rent,
• Eviction proceedings (including appeals and litigation in the event that the police are not called in to carry out the eviction).
• Disputes over rental charges,
• Disputes relating to the return of the security deposit at the end of the lease.

What is a residential lease?

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

In France, the law governing residential leases is the Law of 6 July 1989 designed to improve rental relations. This law lays down detailed rules for residential leases and tenant/landlord relations, to avoid abuses on either side. Rental disputes concern bare tenancy agreements (without furniture) or furnished tenancy agreements, provided that the property is the tenant’s principal residence. The concept of principal residence was defined by the ALUR law no. 2014-366 of 24 March 2014 as accommodation occupied for at least 8 months of the year.

In other cases, other statuses and rules apply depending on the specific circumstances: tourist lettings, seasonal lettings, mobility leases, student leases, etc. Social housing is subject to special rules. Our property lawyers can assist you in every sector.

For landlords, the choice between renting a furnished flat or an empty one depends on a number of considerations, including the rental market in their town or city, and the tax consequences of the rental (income from property, LMNP or non-professional furnished tenancy, an advantageous but complex status).

Drawing up the rental contract

There is a standard form for drafting residential leases for all contracts signed since 1 August 2015. The ALUR law makes it compulsory to comply with the model tenancy agreement. Despite this model, the drafting of the residential lease is particularly sensitive on certain points:

• Setting the rent

In some cities, such as Paris and Lille, rent setting is subject to two rules:rent control in tense areas and reference rents. Whether you are a tenant or a landlord, you need to be aware of these regulations. As a tenant, you can demand a rent reduction. Although such an action does not require the presence of the best property lawyer in Paris, his advice is invaluable if you are to avoid making a mistake. Indeed, the application must contain the entirety of Article 140 VI of the Law of 23 November 2018, as well as the amount of rent proposed and the increased reference rent!

When the lease is renewed, the setting of the new rent is also subject to precise rules. Similarly, the rent may be increased annually if provided for in the initial residential lease (rent review clause) based on the rent reference index (IRL).

• The security deposit

Of all rental disputes, those relating to the return of the security deposit are important. When the lease is drawn up, the landlord may require the tenant to pay a security deposit, which he will collect unless he receives more than 2 months’ rent payable in advance. The amount of the deposit is limited to one month’s rent excluding charges for empty tenancies and 2 months’ rent excluding charges for furnished tenancies.

• Security deposit and insurance against unpaid rent

The landlord may also require a third party to provide a guarantee, 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. A simple guarantee obliges the landlord to take action against the tenant first, while a joint and several guarantee allows the landlord to take action against both tenants at the same time.

An unpaid rent guarantee may be taken out by the landlord, giving rise to disputes in the event of unpaid rent. Very often, the conditions under which these private insurance policies can be taken out are stringent, and a tenancy law solicitor can help.

• Signatories to the lease contract

An essential point in a residential lease concerns the signatories. On the landlord’s side, if the property is owned by a couple, do both of them have to be signatories? Does this depend on the marriage contract? On the tenant’s side, if one of the members of the couple does not work, does he or she have to be a signatory to the lease? And if a separation or divorce occurs during the tenancy, what are the landlord’s or tenant’s obligations? Is it compulsory to draw up an amendment to the tenancy agreement? What are the special features of shared tenancies? As soon as you look at the contract in detail, you realise there are gaps. The best solution? Call in a residential lease lawyer for a consultation.

Execution of the residential lease

Once the tenancy agreement has been signed, theinitial inventory of fixtures is usually carried out when the keys are handed over. The first disputes between landlords and tenants arise during the performance of the residential lease.

• Recovery of unpaid rent and service charges

In the event of unpaid rent, the services of a property lawyer are useful in impressing the tenant and confirming the landlord’s determination to obtain payment of the rent. In general, a war of attrition ensues, and it’s important to master all the stages: formal notice, calling into question the guarantor, contacting the unpaid rent guarantee body, informing the CAF (social security office), issuing a payment order by bailiff, etc. This can lead to termination of the lease andeviction of the tenant.

• Tenant’s rights

Tenants have certain rights in return for paying rent, including the right to decent accommodation and the right to have work carried out to bring the property into line with current regulations.

Other disputes arise over work to be carried out by the tenant or the landlord, the amount of recoverable service charges and the adjustment of service charges. Disputes over rental charges are based on details of the work carried out by both parties. Compensation for rental repairs may be payable.

The end of the residential lease

• Notice to sell

Tenants remain tenants as long as they wish and as long as they fulfil all their obligations under the residential lease. The landlord can give notice to sell the property, give notice to repossess the property (in order to live in it or put in a close family member) or give notice for a legitimate and serious reason. Have a residential lease lawyer check that all the formal and substantive conditions for giving notice have been met.

• Termination of a residential lease

If the lease contains a resolutory clause for non-performance of the lease obligations, the judge can quickly order the lease to be terminated. A lawyer specialising in residential leases can help you save time in court. If the tenant refuses to leave the premises, particularly between the promise of sale and the deed of sale, or if the lease is terminated for unpaid rent, eviction proceedings can be initiated without waiting. 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 tenancy must be compared with that at the start. Care must be taken with both. Does your tenant not want to pay the last month’s rent? Is your landlord planning to have the flat repainted with your deposit? There are plenty of disputes relating to security deposits. Call in a tenancy lawyer quickly!

Your residential lease lawyer is competent for other tenancy agreements

A residential lease is not the only contract for renting accommodation. There are commercial leases for premises suitable for commercial use. There are also seasonal tenancy agreements, occupancy without right or title, precarious occupation agreements, loi 48 leases, etc. All of these require the services of a lawyer specialising in property law. This is important in order to support each party and resolve rental disputes.

Your property lawyer

A lawyer specialising in tenancy law will be with you from the moment you sign your lease until the end. He will advise and litigate on behalf of all parties: tenants, flatmates, private landlords and property professionals.

Goldwin is an expert in all areas of property law:

• co-ownership law
• lawyers to defend against co-ownership trustees
• lawyer in the event of eviction
• lawyer in construction law
• lawyer for commercial leases