The 7 mistakes to avoid when drafting a compliant lease

Below are the 7 major mistakes that I have identified over the course of my experience, and that every owner must absolutely avoid:

Freely set the rent without checking the rules of supervision

In high-demand areas, rent is regulated and cannot be set arbitrarily. A common mistake is to ignore the legally imposed rent ceilings, which can result in a fine of up to €5.000, or even €15.000 for legal entities. It is crucial to consult official tools, such as the simulator on the Service-Public.fr website, to determine the maximum authorized rent.

Overestimating the living area of ​​the accommodation

The law is clear: if the actual surface area is more than 5% less than that stated in the lease, the tenant can demand a proportional rent reduction. To avoid this risk, hire a certified diagnostician to accurately measure the living area in accordance with the Boutin law.

Forget the termination clause

This clause is essential for terminating the lease in the event of a tenant default (non-payment of rent, lack of home insurance, etc.). Without it, you risk not being covered by your Unpaid Rent Guarantee (GLI) insurance and not being able to easily recover your accommodation.

Include abusive clauses

The courts are very strict about clauses that disadvantage the tenant. For example, requiring specific insurance or making the tenant pay for the inventory is illegal. These clauses will be considered unwritten, and you could lose credibility and legal effectiveness.

Combine a guarantor and a GLI

The law prohibits requesting both a guarantor and a Guarantee of Unpaid Rent (GLI), unless the tenant is a student or apprentice. This rule is intended to protect the tenant from double financial burden. Be sure to respect this exception to avoid the clause being invalidated.

Neglecting the requirements for a furnished rental

Furnished accommodation must meet specific criteria, defined by Decree No. 2015-981. It's not enough to add a few pieces of furniture: the accommodation must be equipped to allow the tenant to live there comfortably. A detailed inventory of the furniture is essential to prove compliance.

Forgetting to provide mandatory diagnostics

Diagnostics (energy performance, natural hazards, lead, electricity, gas, etc.) are mandatory and must be up to date. Failure to do so can result in severe penalties: up to €37.500 in fines and two years in prison. Furthermore, a tenant who is not informed of the risks may be entitled to compensation in the event of harm.

How then to write a compliant lease?

To avoid these errors, several solutions exist:

• Use the official model provided by the State, but be careful: it is minimalist and does not cover all risks.
• Use a notary for a secure lease, but this can be expensive.
• Use specialized tools, such as the Monsieur Hugo application, which guides you step by step through the drafting of the lease and includes protective clauses drafted by lawyers.

In conclusion, drafting a compliant lease is a major challenge in securing your rental investment.

By avoiding these 7 mistakes, you minimize the risk of disputes and sanctions, while protecting your interests and those of your tenants.

Tribune by Bruno Cantegrel, founder of Monsieur Hugo (LinkedIn).