The obligations of the landlord and tenant of a furnished holiday let
Article L324-1-1 of the Tourism Code: any person offering a furnished holiday let for rent must first have declared this to the mayor of the municipality where the property is situated.
The landlord undertakes:
- to let the furnished holiday accommodation on a daily, weekly or monthly basis for a period not exceeding 12 consecutive weeks to the same tenant. For any longer period, the landlord is required to draw up a standard tenancy agreement.
- to inform the mayor of the local council of any changes to the property description and of the cessation of seasonal letting.
- The landlord is issued with an identification number and is included on the list of furnished holiday accommodation.
The owner of a furnished tourist accommodation is required to:
- Provide any prospective tenant with a property description (Article 5 of the Order of 1 April 1997). If the information provided is inaccurate, the owner may be liable to pay a fine.
- Specify any potential nuisances (construction work, agricultural activities, church bells, odours, railway lines, etc.).
- Draw up and send a written tenancy agreement in duplicate. The tenant must return one dated and signed copy to the landlord. Specify a deadline for a response, after which you may enter into a contract with another potential tenant.
Information to be included in the property description for potential tenants:
- the address and location of the furnished property;
- the classification category, if applicable;
- the layout of the premises and the level of comfort;
- the living area, the interior layout and the furnishings;
- the terms and price of the tenancy.
Since 1 January 2007, there has been an obligation to provide a simplified energy performance certificate (DPE) for the property for any tenancy of at least four months, whether consecutive or not, within the year. (Article L.134-1 of the Building and Housing Code).
Information that must be included in the contract:
- The name and address of the landlord and the tenant, the address of the property being let, and its nature.
- The duration of the tenancy.
- The dates and times of the tenants’ arrival and departure.
- The price and charges excluding VAT and including VAT, and the terms of payment, including the deposit.
- Cancellation terms.
- The amount of any security deposit.
- The estimated amount of the tourist tax.
If the contract is concluded through a property letting agent, the contract must specify the terms of their remuneration (amount, payment, sharing of costs between the landlord and the tenant, etc.).
Sums paid in advance:
Deposits:
Unless otherwise stipulated in the contract, sums paid in advance constitute a deposit (Article L114-1 of the Consumer Code). The tenant forfeits these sums if they cancel or withdraw, but they cannot be compelled to fulfil the contract.
Either party may withdraw. If the cancellation is made by the tenant, they will forfeit the deposit paid. If the cancellation is made by the landlord, they must refund double the amount (Article 1590 of the Civil Code).
The deposit:
Where the sums paid have been expressly stipulated in the contract as a deposit, this definitively binds the tenant and the landlord. The tenancy agreement must be performed. In the event of cancellation, the tenant remains liable for the full rent, except in cases of force majeure.
If the cancellation is made by the lessor, the lessor must refund the amount received and may be liable to pay compensation for the loss incurred.
The security deposit:
For a tenancy agreed without an intermediary, the amount of the security deposit may not exceed 20% of the rental price and is paid upon the tenant taking possession of the premises in exchange for a receipt.
Where an agent (specialist property rental manager) is involved, the amount of the security deposit may not exceed a quarter of the rent, and may not be received more than six months in advance.
The security deposit cheque may be cashed immediately. If no damage is found upon the tenant’s departure, the landlord is required to return the deposit within 10 days. If damage is noted during a joint inspection accompanied by the inventory, the deposit must be returned within 60 days, less the cost of any repairs, upon presentation of invoices. If the deposit proves insufficient, the tenant is contractually obliged to reimburse the additional costs, upon presentation of the relevant invoices
If the tenancy agreement so provides, the tenant must settle the amounts covering water, heating and electricity consumption before leaving.
A joint inventory must be carried out at the start and end of the tenancy; failing this, it is the landlord’s responsibility to provide evidence of the quantity and nature of any missing or damaged items.
The landlord must also:
- Collect the tourist tax and pay it to the public body responsible for its collection.
- Clearly display the tourist tax rates as well as any exemptions or reductions.
- Hand over the premises to the tenants in a perfectly maintained condition and in accordance with the description provided at the time of booking.
- If the rental property offers access to a private swimming pool, this must be fitted with a safety device that complies with the latest standards.
- Ensure that tenants can enjoy the premises in peace.
- Protect tenants against hidden defects.
- Ensure that the property and the associated risks are covered by insurance. It should be noted that private liability insurance does not cover the activity of letting furnished holiday accommodation.
- Issue an invoice.
The obligations of the tourist accommodation tenant:
The tenant must use the accommodation peacefully and in accordance with its intended purpose. They are liable for any damage occurring during their stay, unless it results from normal wear and tear or a defect. They may be exempted from liability by invoking force majeure. Insurance is not compulsory for the tenant, but they are liable for any damage caused by their negligence.
To cover themselves against any potential risk, the tenant has two options:
- if the landlord’s insurance policy contains a clause waiving any right of recourse against the tenant, the tenant must insure their personal belongings and their civil liability towards neighbours by extending their comprehensive home insurance policy under the holiday cover. If the tenant’s comprehensive home insurance policy for their main residence does not include holiday cover, they may take out a temporary policy.
- If the landlord’s policy stipulates that, in addition to the waiver of all recourse, all the cover they have taken out automatically extends to the tenant: the tenant’s personal belongings are covered without any further action required.
Disputes and penalties:
In the event of a dispute concerning the compliance of the furnished accommodation, the tenant may refer the matter to the Prefect by registered letter with acknowledgement of receipt within 8 days of the start of the tenancy.
He may arrange for an inspection of the premises to be carried out by persons authorised for that purpose, following consultation with the departmental tourism commission. Following this inspection, the Prefect may order the downgrading of the category or the removal of the furnished accommodation from the list of classified properties.
He may also remove the furnished accommodation from the list, following the Commission’s advice, if the information provided at the time of the classification application proves to be inaccurate.
The lessor or their representative may then only initiate a new classification procedure after one year has elapsed from the date of notification of the removal.
