Professional Documents
Culture Documents
HEBERT - May 2023
HEBERT - May 2023
For residential purposes, EXCLUDED from the scope of the French Act of 06.07.1989
Furnished rental which is not used as the lessee’s primary residence
AGENT
AGENCE EVAUTTRE, SARL registered with the trade and companies register (RCS) under number:
RCS 906850227 Melun – NAF code: 6831Z
Rentals – Property Management
Professional identity: CPI 77022016000005629 Melun, CPI
77022016000005629 Melun
Transaction: Without collecting money
Financial Security: GALIAN
Transaction Security Amount: €120,000
Management Security Amount: €520,000
In collaboration with:
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And the LESSEE on the other hand, hereinafter referred to as “the LESSEE”
Surname: MENG
The LESSOR rents the premises and equipment/facilities, referred to hereinafter, to the LESSEE who
accepts them under the following conditions:
Nature: Apartment
No of main rooms: 1
(intended as living and/or sleeping space, possibly individual bedrooms... pursuant to Art. R. 111-1-1 al. 4 of the French
Construction and Housing Code (CCH)
Description:
Furnished one room apartment consisting of a main room, open and equipped
kitchen, shower room and toilet.
Annexes:
List of common areas and equipment/facilities:
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Charges include provision for:
Electricity (80€), Internet (15€), rubbish collecting tax (5€), heating, building charges and water
(30€).
Provision refers to an estimated sum of money that is charged monthly to you. At the end or
during your stay this amount would be compared to your actual usage. Should there be higher
consumption you will be billed accordingly or should there be lower consumption, you will be
reimbursed of the difference.
Particular clause:
Parties prohibited.
LEASE DURATION (refer to General Terms & Conditions, under “DURATION – TERMINATION” chapter)
DWELLING BOUND BY THE FRENCH CIVIL CODE(secondary residence, service occupancy, etc.)
The Agreement hereof is concluded for a period of 0 year, 1 months and 29 days and may be tacitly
renewed thereafter by periods of 0 months, given the lack of prior notice.
Monthly rent:
730.00 €
Estimated charges:
138.00 €
MONTHLY TOTAL:
868.00 €
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TERMS OF PAYMENTS
This sum is payable in advance and in full on the 1st of each month, directly to the LESSOR
RENT REVIEW (refer to General Terms & Conditions, under “RENT” chapter)
Rent will be reviewed every year on: May 1st
The reference index applied for reviewing the rent is: 1st trimester 2023
SECURITY DEPOSIT (refer to General Terms & Conditions, under “SECURITY DEPOSIT” chapter)
Amount of the security deposit: 1 460.00 €
LEGAL REGIME
As the purpose of the Agreement hereof relates to the lease of accommodation for secondary
residence purposes or within the framework of exercising a duty or as service occupancy, it is
governed by the provisions of Articles 1714 to 1762 of the French Civil Code. The terms and
conditions provided for hereinafter complete this legal regime.
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GENERAL TERMS AND CONDITIONS
DURATION - TERMINATION
The duration of the Agreement, specified here above under the paragraph “AGREEMENT
DURATION”, is freely set between the parties.
Unless otherwise provided for, the Agreement hereof may be terminated by registered letter with
acknowledgement of receipt or by formal deed delivered by a bailiff:
- By the LESSEE, at any time, by informing the LESSOR three (3) months in advance, period
reduced to one (1) month in the event of obtaining a first job, job transfer, job loss or a new
job subsequent to a job loss;
- By the LESSOR, by informing the LESSEE three (3) months prior to the end of the Agreement
hereof or prior to the end of each tacit renewal.
RENT
The rent, freely set between the parties, is payable directly to the LESSOR, at their domicile or to the
person which the latter has appointed to this effect.
The rent will be reviewed every year pursuant to the INSEE (French National Institute for Statistics
and Economic Research) Rent Reference Index (IRL) for which determining parameters are
aforementioned under the “RENT REVIEW” paragraph.
CHARGES
In addition to the rent, the LESSEE will reimburse the LESSOR their share of regulatory charges,
pursuant to the list established by the French Decree of 26 August 1987.
The apportionable service charges, incidental amounts to the main rent amount, are payable for:
- Services rendered related to the utilization of the different components of the leased object;
- Routine maintenance costs and for minor repairs on communally-used components of the
leased object;
- Taxes which correspond to the services which the LESSEE benefits directly from.
They will be paid on a monthly basis, at the same time as the main rent.
AGREEMENT FOR A DURATION OF MORE THAN ONE (1) YEAR:
The monthly charges aforementioned under the “PAYMENT” paragraph will be considered as
provisions which will be adjusted at least once per year.
Their amount will be set by the LESSOR each year based on expenditure actually incurred the
previous year or based on the annual budget estimate,
the amount of each advance charges total will be readjusted accordingly.
One (1) month prior to the annual adjustment, the LESSOR will transmit a breakdown per charge to
the LESSEE as well as how charges are divided between lessees if the dwelling/building is shared.
During this month, supporting documentation is made available to lessees.
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SECURITY DEPOSIT
The security deposit, if any, paid by the LESSEE in order to guarantee the proper performance of his
obligations is equivalent to the rent period indicated above in the paragraph "SECURITY DEPOSIT"
and will be automatically modified at each rent increase in order to remain equivalent to this period.
This deposit is not interest bearing.
This deposit may under no pretext be affected by the LESSEE for the payment of the last rents.
It will be returned to the LESSEE at the end of the period concerned following the return of the keys,
within:
• Two months maximum if the exit inspection does not comply with the entry inspection, or
degradation the LESSEE may be held liable;
• One month maximum if the exit inspection comply with the entry inspection.
By way of a penalty clause, if the security deposit is not returned within the delay, the balance due
after closing of accounts will bear interest at the legal rate for the benefit of the LESSEE.
GUARANTOR
If required, the LESSOR may request that a third party act as guarantor and agree to undertake the
obligations of the LESSEE stipulated in the Lease Agreement hereof in the event of the latter
defaulting.
The formalities hereinafter are made compulsory, failing which the guarantee becomes null and void:
the LESSOR transmits a copy of the Lease Agreement to the guarantor;
the guarantor must write, by hand, on the deed of guarantee:
- The amount of the rent and, if applicable, the terms and conditions for reviewing the rent, as
set out in the Lease Agreement;
- Their acknowledgement of the extent and nature of their commitment;
- The limit they set for the term of their commitment.
The LESSOR has a duty to inform the natural person/guarantor (under pain of forfeiture of incidental
amounts, expenses, etc.) if the guarantee is
unlimited (Art. 2016 amended of the French Civil Code) or if the LESSOR is a professional lessor (Art.
L. 341-1 of the French Consumer Code).
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renewed and completed whenever the lessee changes.
For buildings where planning permission was issued before 01.07.1997, the LESSOR makes the
asbestos report for the unit concerned available to the LESSEE (Article R.1334-29-4 of the French
Public Health Code).
INVENTORY
A joint inventory will be drawn up when the keys are handed over to the LESSEE and will be
appended to the Agreement hereof.
The inventory will in particular stipulate that the dwelling meets the criteria of decent housing
specified under the “LESSOR OBLIGATIONS” chapter hereinafter.
In the absence of an inventory, the presumption set out under Article 1731 of the French Civil Code
cannot be invoked by the party which was opposed to drawing up the inventory.
At the end of the Agreement, when the LESSEE returns the keys, a joint exit inventory will be drawn
up between the parties following an appointment made with the LESSOR eight (8) days beforehand,
during business hours. (subject to availability).
LESSOR OBLIGATIONS
LESSEE OBLIGATIONS
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third party whom the LESSEE did not invite into the dwelling.
4. Assume the routine maintenance of the dwelling and equipment/facilities specified in the
Agreement, any minor repairs required and all leasehold repairs defined under the French
Decree of 26.08.1987, unless they are caused by disrepair, defect, a construction fault, a
fortuitous event or major force.
5. Take out a service agreement with a specialized company (or reimburse the LESSOR the cost
for this if the latter ensures the payment) to service individual heating equipment at least once
per year (gas heating, gas burners, combustion product extraction system cleaning, etc.) and
provide proof of this immediately when the LESSOR so requests.
May not install or use any new heating system without first having checked, at their own
expense and under their own responsibility, that the chimneys comply with safety and security
regulations in effect.
6. Although this information does not incur the LESSEE’s liability whenever the damage is not
through fault of their own, the LESSEE must inform the LESSOR immediately in the event of
any damage or deterioration to the rented premises, even if there is no visible damage.
7. May not transform the rented premises and/or their equipment/facilities without the
LESSOR’s written agreement; in the event that the LESSEE has disregarded this obligation, the
LESSOR may demand the refurbishment of the premises and/or equipment/facilities whenever
the LESSEE vacates the dwelling, or may choose to keep the changes made without the LESSEE
being able to claim compensation for expenses incurred; notwithstanding, the LESSOR will also
have the right to demand that the LESSEE rehabilitate the premises immediately, at their own
expense, if the changes jeopardize the proper functioning of the equipment/facilities or the
safety and/or security of the premises.
Any modifications which are not considered as a transformation of the rented premises, i.e.
minor changes which are unlikely to impair the building and which are in no way irreversible,
do not require the LESSOR’s agreement.
8. Let improvement work be undertaken in the common areas and/or private areas of the
building, as well as the work required for routine upkeep and for maintaining the rented
premises in a good state of repair; the provisions of the second and third paragraphs of Article
1724 of the French Civil Code are applicable for this work.
9. Comply with the rules and regulations of the building, displayed in the common areas of
shared dwellings.
Comply with all requests and/or instructions which the LESSOR may formulate pursuant to
decisions taken during General Meetings of Co-owners and/or in accordance with the rules
and regulations of the building and strictly implement all related provisions.
10. Take out insurance coverage against all leasehold risks with which the LESSEE must comply in
their capacity as LESSEE (fire, water damage, etc.) and justify this to the LESSOR, when the
latter hands over the keys, by transmitting a certificate issued by the insurer or their
representative to the LESSOR. This obligation must be undertaken every year if the LESSOR so
requests.
11. Occupy the rented premises personally; the LESSEE may not transfer the Lease Agreement or
sub-rent the dwelling unless the LESSOR provides their written agreement to do so, including
the rental price.
In the event that the main agreement is transferred, the sub-lessee cannot make any claims
against the LESSOR and cannot claim any tenure status.
12. In the event of a sale or new rental, the LESSEE must accept visits to the rented premises two
hours per day during business days; visiting times will be defined by agreement between the
parties; failing agreement, visits will take place between 5 pm and 7 pm.
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13. If the Agreement is for a furnished rental, the LESSEE is liable for the loss or damage of
furniture made available by the LESSOR, included in the inventory appended to the Agreement
hereof; the LESSEE must refrain from transporting the furniture outside the rented premises.
14. Must not move without complying with their obligations.
The LESSEE is informed that the LESSOR has an obligation to inform the tax office concerned
unless the LESSEE presents the receipts beforehand proving that they have paid their council
tax (Article 1686 of the French General Tax Code (C.G.I.)).
15. Prior to vacating the premises, hand over all keys for the rented premises in their possession
to the LESSOR and inform the latter of their new address.
The Agreement hereof will be IMMEDIATELY TERMINATED IPSO JURE one (1) month after a notice by
a bailiff, which has remained unsuccessful, has been sent, i.e. without the need to institute legal
proceedings for an order for this termination:
- Failing payment of all or part of the rent and charges in accordance with the terms of
payment agreed on;
- If no security deposit has been paid in the event that one was provided for under this
Agreement;
- In the event that the LESSEE abstains from performing any of the key obligations provided for
under the Agreement hereof;
- Failing insurance coverage against leasehold risks or failing presentation of an insurance
certificate to the LESSOR for each period agreed on.
Once the LESSOR has been granted the benefit of the termination clause, the LESSEE must leave the
premises immediately; if they refuse to do so, prior to eviction, the LESSOR must have the
termination of the Lease Agreement formally recorded by the urgent applications judge.
It is clearly understood that if payment is made by cheque, the rent is only deemed as paid when the
cheque has been cashed.
Furthermore, and without derogation from the aforementioned termination clause, the LESSEE
formally agrees to comply with the two following penalty clauses:
1. In the event that the rent or its incidental amounts are not paid under the terms agreed, and
once an initial notice is served by a bailiff, the LESSEE will be liable ipso jure to pay an increase
on the total amount due, calculated in accordance with the legal interest rate, as
compensation for damages which the LESSOR has suffered, without the need for a formal
notice to pay to be issued, by way of derogation from paragraph 5 of Article 1231-5 of the
French Civil Code.
2. If the LESSEE who no longer has any right of occupancy does not vacate the premises, resists
an eviction order or obtains additional time to vacate the premises, in addition to the charges,
they must pay contractual occupancy compensation, equal to twice the amount of daily rent,
until the moment the move out completely and hand over the keys. This compensation is
intended to indemnify the LESSOR for the prejudice caused by the abusive occupancy of the
rented premises which prevents them from exercising their rights as a LESSOR.
Each party can, vis-à-vis the party refusing to perform their obligation and, following formal notice,
perform the obligation themselves within a reasonable timeframe and at a reasonable cost. The
party may ask the defaulting party to reimburse the amounts incurred.
TOLERANCES
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It is formally agreed that any tolerance by the LESSOR or by their representative, as regards the
aforementioned terms and conditions, irrespective of the frequency and the duration, cannot under
any circumstances be deemed as making an amendment to or a withdrawal from these terms and
conditions, or as generating any sort of right. The LESSOR may, at any time, terminate this by
notifying the LESSEE by registered letter with acknowledgement of receipt and by allowing a
sufficient timeframe for the latter to comply with the obligation in question.
COSTS - FEES
If applicable, the fees for drawing up the Agreement hereof and the party or parties responsible for
bearing the cost are specified hereinafter.
434.00 €
APPENDED DOCUMENTS
List of leasehold repairs laid down by French Council of State Decree.
List of apportionable service charges laid down by French Council of State Decree.
Items constituting the statutory French property survey (known as the Technical Diagnosis
File) (Art. 3-3 of the French Act 89-462).
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SIGNATURE
CROSSED OUT
Drawn up and signed in: Fontainebleau WORDS NULL
............................ words
............................ lines
On: April 25th, 2023
Paraphs:
As 1 original copies, one of which is transmitted immediately to each party and, as such,
acknowledged.
THE LESSOR OR THEIR RESPRESENTATIVE Signature preceded by the handwritten words "read and
approved"
X
LE BAILLEUR OU SON MANDATAIRE
THE LESSEE(S) Signature(s) preceded by of the handwritten words "read and approved"
X
LE(S) LOCATAIRE(S)
Attention: The personal information contained in these presents and concerning the mandating person may be entered in a computer file.
In accordance with the act of 06.01.1978 as amended by act no. 2004-801 of 06.08.2004, the mandating person, physical person, justifying
his identity, shall oppose, for legitimate reasons, this data being subject to computer processing. Where appropriate, he may require the
person responsible for this personal data to correct, supplement, update, lock or erase it.
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LIST OF REPAIRS CONSIDERED TO BE THE RESPONSIBILITY OF THE TENANT
DECRET N° 87-712 OF AUGUST 28th TOOK FOR THE ENFORCEMENT OF ARTICLE 7 OF THE LAW N° 86-
1290 OF DEC. 23rd 1986
A. Private gardens
• Everyday maintenance, especially paths, lawns, bushes, ponds and swimming-pools.
• Keeping caterpillars nests under control and out of trees and shrubs.
• Replacement of shrubs.
• Repair or replacement of mobile sprinkling installations.
B. Glazing
• Repairing and/or replacing putty.
• Replacement of damaged window panes.
E. Gates
• Cleaning and lubrication
• Replacement of bolts, screw bolts etc.
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Inside parts
Plumbing
A. Water pipes
• Unblocking
• Replacement: gaskets, clamps and clips.
• Prevention of freezing during winter.
B. Gas pipes
• Everyday maintenance on taps, siphons and ventilation apertures.
• Replacement: Connecting rubber tubes when needed.
Electricity
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A. Everyday maintenance and minor repairs
• Washing machine, dish-washer, tumble dryer, extractor hood, water softeners, solar panel,
heat pump, air-conditioning, radio and television aerial, sealed furniture, fire places, mirrors.
B. Minor repairs
• When required rubber seals.
C. Cleaning
• Smoke and gas exhaust shafts.
• Ventilation grills.
• Smoke Detectors
I, THE UNDERSIGNED, ACKNOWLEDGE THAT I HAVE READ, APPROVED AND AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS DECREE,
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