Residential tenancy agreements are governed by the Act of 6 July 1989, which establishes a mandatory framework for landlord-tenant relations. This tenant-protective regime imposes numerous obligations on the landlord while defining the rights and duties of each party.
A residential lease lawyer in Paris, Maître Léa Scemama advises landlords and tenants across France, on all residential tenancy matters: from drafting the agreement through to eviction proceedings, including unpaid rent disputes and quiet enjoyment claims.
See all our work in real estate law.
How we work
| Your situation | What we do | What you receive |
|---|---|---|
| Before letting | Drafting the lease to the statutory template, checking the rent in a rent-capped area, reviewing the surveys and schedules | A compliant lease and a list of the points to watch on your particular property |
| A notice to serve or received | Checking the ground, the form, the deadline and the addressee, drafting or challenging | A notice that will stand, or a reasoned challenge served in time |
| Unpaid rent | Formal demand, payment demand invoking the forfeiture clause, then the rest of the procedure | The case brought without procedural defect, see our page on tenant eviction |
| A security deposit withheld | Analysis of the inventories and of the deductions, formal demand and calculation of the statutory uplift | An enforceable statement of what you are owed |
| Substandard or energy-inefficient housing | Formal notice to carry out works, application to the court, claim for a rent reduction | A quantified claim and a compliance timetable |
Our billing arrangements are set out on our fees page.
Advice and drafting of residential tenancy agreements
Drafting and review of tenancy agreements
Residential tenancy agreements must comply with a statutory standard form prescribed by decree (Decree of 29 May 2015). Any departure from the mandatory provisions of the 1989 Act is sanctioned by the nullity of the relevant clause or, in certain cases, by recharacterisation of the contract.
The firm acts to draft or review your tenancy agreement, verify that each clause complies with current legislation, and identify legal risks before signature.
Rent controls
In high-demand areas subject to rent controls (particularly Paris), the rent for a new tenancy may not exceed the maximum reference rent set by prefectural order. The firm verifies whether the proposed rent complies and, where applicable, assists the tenant in a rent reduction claim or the landlord in securing their tenancy.
Parties' respective obligations
Landlord's obligations
The landlord is required to provide the tenant with a habitable dwelling (Article 6 of the 1989 Act), ensure quiet enjoyment of the premises, and carry out repairs other than minor maintenance. The landlord must also provide mandatory technical surveys (energy performance certificate, asbestos, lead, etc.) and observe the statutory deadlines for returning the security deposit.
Tenant's obligations
The tenant must pay rent and service charges on the agreed dates, use the premises peacefully in accordance with their intended purpose, maintain the property in good condition, and take out home insurance. At the end of the tenancy, the tenant must return the property in the condition in which it was received, subject to normal wear and tear.
Tenancy litigation
Miraï Avocats represents landlords and tenants before the Civil Court in all residential tenancy disputes.
Unpaid rent and forfeiture
In case of unpaid rent, the landlord must follow a precise procedure before obtaining lease termination: a formal payment demand by court enforcement officer, a two-month cure period, then proceedings before the Civil Court. The judge may grant the tenant additional time to pay, or may order termination and eviction.
For a full step-by-step guide, see our article: Evicting a tenant for unpaid rent: the complete procedure
Eviction proceedings
Eviction proceedings are strictly regulated by law and involve several mandatory stages: court proceedings, eviction order, formal notice to vacate, and if necessary police assistance. The winter truce prohibits evictions between 1 November and 31 March. The firm assists landlords throughout this process and defends tenants who contest eviction or seek extensions.
Landlord's notice to quit
The landlord may only serve notice at lease expiry, with six months' notice, and only for three exhaustive grounds: repossession for occupation, sale of the property, or legitimate and serious grounds (tenant's breaches). The notice must comply with strict formal requirements on pain of nullity. The firm assesses the validity of any notice received and, where applicable, brings nullity proceedings. Tenants have far more freedom to leave: our article on the tenant's notice period in France covers the one-month cases and the pitfalls.
Return of the security deposit
The landlord must return the security deposit within one month (no damage) or two months (damage found) of the handover of keys. Any delay triggers liability and penalties of 10% of monthly rent per month of delay. The firm assists tenants and landlords in disputes over the inventory of fixtures or the amount withheld.
Service charge regularisation and disputes
Service charge provisions are subject to mandatory annual reconciliation based on actual expenditure. The tenant has the right to receive supporting documentation. The firm acts in cases of disputed charges, landlord refusal to regularise, or disputes over allocation between tenants.
Breach of quiet enjoyment
Landlord-caused disturbances
The landlord is obliged to ensure the tenant's quiet enjoyment of the property. Any breach of this obligation engages liability: failure to maintain causing damp or infiltration, utility interruptions, harassment of the tenant, failure to respond to urgent repair requests.
Inadequate or unsanitary housing
A property is inadequate if it fails to meet the minimum criteria for floor area, energy performance, safety or equipment defined by the Decree of 30 January 2002. The tenant may compel the landlord to carry out remedial works, obtain a rent reduction, or, in cases of danger, have the unsanitary conditions officially confirmed by the competent authorities.
Disturbance caused by works
Where works carried out in the property or building cause the tenant a loss of quiet enjoyment (noise, dust, restricted access to rooms), the tenant may claim a proportionate rent reduction, or even lease termination if the works make the property uninhabitable.
Abnormal neighbourhood disturbance
Abnormal neighbourhood disturbance is a no-fault liability regime allowing any occupant to put an end to excessive nuisances caused by a neighbour: repeated noise, smells, vibrations, encroachment. Courts assess whether a disturbance is abnormal having regard to its frequency, intensity and context (urban area, nearby commercial activity).
The firm represents tenants and owners in proceedings to stop disturbances and obtain compensation, before the emergency judge for urgent measures or before the Civil Court for full proceedings.
Why instruct a lawyer for your residential lease?
Residential tenancy law is protective of the tenant and highly formalistic: a defective notice, an imprecise inventory or an unfair clause can rebound on the landlord, just as a tenant may be left helpless against a substandard home or a withheld deposit. A lawyer secures the agreement upstream and defends your rights in a dispute, up to eviction proceedings if necessary.
Frequently asked questions
What notice must a landlord give a tenant?
The landlord may only give notice at the end of the lease, with six months' notice for an unfurnished let and three months for a furnished one, and only to reoccupy, sell, or on a duly justified legitimate and serious ground.
What should you do about unpaid rent?
Act quickly: a reminder, then a formal payment demand served by a court officer invoking the forfeiture clause, and finally court proceedings. Each step follows strict formalities whose breach can void the process.
When must the deposit be returned?
One month where the exit inventory matches the entry inventory, two months where there is damage. Beyond that, the unreturned deposit is increased by 10% of the monthly rent for each month of delay begun.
May the tenant carry out works?
Fitting out and minor works are free, but any transformation of the dwelling requires the landlord's written consent. Failing that, the landlord may require reinstatement at the tenant's expense, or keep the works without compensation.
Related expertise
Beyond residential leases, the firm advises on civil leases, commercial leases and property litigation.
In the same area of law
- Co-ownership: the building rules that also bind the tenant of a lot.
- Property transactions: selling a property that is already occupied under a lease.
- The French residential lease: term, content, rent and notice: the long-form article on the 1989 Act regime.
- Tenant's notice period in France: one month or three, tight housing areas and uncollected letters.
Written by Maître Léa Scemama, admitted to the Paris Bar, Miraï Avocats. This page states the law applicable at its update date. It is general in nature and does not constitute advice tailored to a particular situation.