This guide is for internationals who have just moved to France and are renting a flat for the first time. After reading it, you will know what a residential lease must contain, which charges a landlord can pass on to you, and where to find the official rules on the deposit and on giving notice.
- The lease: what it is and what form it takes
- What the lease must state
- Floor area: when it is missing or wrong
- Charges: what you pay on top of the rent
- Deposit, inventory and notice
- FAQ
The lease: what it is and what form it takes
The bail d’habitation (residential lease), also called the contrat de location (rental contract), sets out the rights and obligations of the landlord and the tenant. According to Service Public’s page on drafting the lease, when the flat is the tenant’s résidence principale (main home), the lease must follow specific rules on compulsory documents and information. The rules are different for a flat let vide (unfurnished) and one let meublé (furnished). The details below describe an unfurnished flat with a lease signed since 1 October 2026.
The lease must be in writing, with as many copies as there are parties. It can be an acte sous signature privée (a contract signed privately by the parties) or an acte authentique (a deed drawn up by a notary). Its content must follow the official model lease.
What the lease must state
For the landlord, the lease gives a name or company name and an address or registered office. If an agent such as an estate agency represents the landlord, the lease must give the agent’s name, address and professional activity. For each tenant, it gives a name. A mobile number and an email address are optional for both sides.
For the property, the lease must include, among other things:
- the property’s tax identifier (except in Guadeloupe, Martinique, French Guiana, La Réunion and Mayotte);
- its location and a description: house or flat, in a copropriété (jointly owned building) or not, number of rooms, and private and shared equipment;
- the nature and cost of works carried out since the last lease or renewal;
- the DPE (energy performance) class, with the same overseas exceptions;
- the surface habitable (living area).
On the financial side, the lease must state the rent, the payment date and frequency (usually monthly) and any revision rules. It must also give the last rent paid by the previous tenant if they left less than 18 months ago, how charges are paid, the deposit amount if there is one, and an estimate of heating costs with the reference year of the energy prices used. Where rent control applies, it must also give the loyer de référence (reference rent), the loyer de référence majoré (higher reference rent), and the amount and justification of any complément de loyer (rent supplement). The page names areas such as Est Ensemble, Plaine Commune, the Pays basque urban community and part of Grenoble-Alpes Métropole, which offers an online tool to check whether an address is covered.
Floor area: when it is missing or wrong
If the living area is missing from the lease, the tenant can send the landlord a mise en demeure (formal notice) within one month of signing, by registered letter with acknowledgement of receipt. The landlord then has one month to supply it. If the landlord refuses or does not reply, the tenant can apply to the juge des contentieux de la protection (the judge who handles tenancy disputes) for a rent reduction, within 3 months of the formal notice.
If the lease states an area more than 5% larger than the real one, the tenant can ask for a rent reduction in proportion to the difference, again by registered letter. The landlord must reply within 2 months. If there is no agreement or no reply, the tenant can go to the same judge within 4 months of sending the request. The reduction applies from the signing date if the request was made within 6 months of signing, and from the date of the request otherwise.
Charges: what you pay on top of the rent
The charges locatives or charges récupérables (recoverable charges) are costs the landlord or agency pays first and then recovers from the tenant. Service Public’s page on charges describes the list as exhaustive. It covers the running of the lift, water and heating, individual heating and hot water installations, the common parts of the building (electricity, cleaning products, cleaning staff) and outdoor areas. The tenant also pays the household waste collection tax or fee, the street sweeping tax and the sanitation fee. The lift’s technical inspection, required every 5 years, is not recoverable. Under certain conditions, the caretaker’s salary is. In social housing, a collective agreement can add to the list.
Electricity used inside the flat is separate: each tenant takes out their own contract with a supplier.
For an unfurnished flat, charges are paid as provisions (regular advances of the same amount) and regularised at least once a year against the actual costs. Any overpayment must be refunded, and any shortfall can be claimed. One month before the regularisation, the landlord must send a breakdown by type of charge and the method used to share costs between flats. Supporting documents must remain available to the tenant for 6 months after the breakdown is sent. For furnished flats, the page says the type of lease partly determines how charges are paid.
Deposit, inventory and notice
The lease must state the dépôt de garantie (security deposit) if one is required. The pages used for this guide do not give the maximum deposit, the deadline for returning it or the notice periods for leaving. Service Public’s lease overview links to dedicated pages on the deposit, the état des lieux d’entrée (move-in inventory), unfair clauses and the fin du bail (end of the lease), and those pages are the official reference for these rules. The overview also covers whether a tenant can use the deposit to pay the last month’s rent, and when to contact the commission départementale de conciliation (local conciliation board for rental disputes).
Lease rules are separate from immigration rules. Questions about a titre de séjour (residence permit) are for the prefecture or a migration advice service.
FAQ
Does a lease have to be in writing?
Yes. Service Public states that the lease for an unfurnished main home must be written, with one copy for each party, and must follow the official model lease.
How often are charges recalculated?
At least once a year. The landlord compares the advances paid with the actual costs, then refunds any overpayment or asks for the difference. The landlord must send a breakdown one month before.
How long can unpaid rent or charges be claimed?
The landlord can claim unpaid rent or charges for 3 years, and the same period applies to a tenant reclaiming overpaid charges. If the regularisation was not done before the end of the calendar year after the charges became due, the tenant can ask by registered letter to pay the catch-up bill over 12 months.
Can the landlord pass on every building cost?
No. Only the charges on the official list can be recovered. For example, the lift inspection required every 5 years cannot be passed on, and tenants pay for their own electricity contract directly.
Sources: service-public.fr · service-public.fr · service-public.fr
Last verified: 20 October 2026 against the pages linked above. Rules and fees change; the responsible authority always has the final word.
This is general information, not legal or immigration advice. For your own situation, ask the prefecture of your département, a recognised migration advice service or a lawyer (avocat).
Sources
- service-public.fr: Rédaction du bail d'habitation (contrat de location), accessed 20 October 2026
- service-public.fr: Location immobilière : bail d’habitation (contrat de location), accessed 20 October 2026
- service-public.fr: Charges à payer par le locataire (charges locatives ou charges récupérables), accessed 20 October 2026
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