In summary
| Section | Description |
|---|---|
| 🏠 Holiday rental contract | An written agreement that frames the temporary rental of a property for a fixed duration. |
| ✍️ Why a written contract? | It protects both parties by specifying conditions, rights, and obligations. |
| 📜 Legal framework | Regulated by the Tourism Code and the Civil Code, with obligations such as declaring to the municipality. |
| 📄 Mandatory mentions | Includes the identity of parties, description of the property, duration, rent, and security deposit. |
| 👨💼 Obligations of the owner | The owner must provide a well-maintained accommodation, guarantee peaceful enjoyment, and carry out necessary repairs. |
| 🧑💼 Obligations of the tenant | The tenant must use the accommodation reasonably, pay the rent on time, and comply with the contract rules. |
| 📋 Inventory of fixtures | An essential document prepared at check-in and check-out to compare the state of the property. |
| ❌ Contract termination | Termination varies according to contract conditions. The tenant loses his deposit if canceled; the owner must refund double the deposits if they cancel. |
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The rental of a holiday property is an indispensable document to regulate short-term rentals. It protects both the owner and the tenant during the stay.
What is a holiday rental contract?
A holiday rental contract is a written agreement made between an owner and a tenant, intended to frame the temporary provision of a property for a determined period. This type of contract mainly concerns properties rented for vacations, leisure or professional stays, and cannot exceed a maximum duration of 90 consecutive days.
Holiday rental differs from other types of leases (such as traditional or furnished housing leases) due to its shorter duration and its non-residential purpose. Indeed, the property rented under a holiday rental contract is never considered the main residence of the tenant, meaning the tenant does not intend to settle there permanently. It is therefore a temporary rental, often chosen for stays limited to vacation or occasional work periods.
Why use a written contract?
The holiday rental contract must be formalized in writing, even for a short period, to protect both parties. Establishing a contract allows clarifying the conditions of the rental, the rights and obligations of each party, and helps prevent disputes. The owner can include specific clauses, such as payment terms, cancellation conditions, and tenant responsibilities. In case of disagreement or issues (e.g., damages to the property, last-minute cancellation, non-compliance with rules), the contract serves as a legal reference.
Legal framework for holiday rentals
In France, holiday rentals are governed by the Tourism Code and the Civil Code. They are strictly regulated by law, notably with the implementation of the ALUR law (2014), which imposes certain obligations, such as mandatory declaration to the municipality in certain cities (especially those with over 200,000 inhabitants) and compliance with a limit of 120 days per year for renting primary residences. This aims to regulate the real estate market in response to the rise of platforms like Airbnb, which have increased holiday rentals in large urban areas.
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Mandatory clauses in a holiday rental contract
For a contract of holiday rental to be legally valid, it must include several mandatory mentions. These elements are essential to protect both the owner and the tenant, by clearly defining the terms of the agreement and avoiding potential disputes. A contract lacking these mentions could be considered null and unenforceable in case of disagreement.
Parties’ identities
The contract must start with a clear and precise identification of the two parties: the owner (or lessor) and the tenant (or lessee). This includes full names, mailing addresses, and if necessary, other details like phone numbers and email addresses to facilitate communication between both parties.
| Element | Description |
|---|---|
| Parties’ identities | Names and addresses of the owner and the tenant |
Detailed description of the property
The contract must include a precise description of the rented accommodation. This includes the full address of the property, its total area in square meters, the number of main rooms (bedrooms, living rooms, etc.), and included amenities (equipped kitchen, internet connection, air conditioning, etc.). Additionally, a furniture and equipment inventory should be mentioned in an annexed inventory list attached to the contract.
| Element | Description |
|---|---|
| Property description | Address, area, amenities, and furniture |
Rental duration
The duration of the rental must be explicitly indicated with specific dates for the start and end of the stay. It is important to note that the maximum duration of a holiday rental is 90 days in a row for the same tenant, except in certain very specific tourist zones.
| Element | Description |
|---|---|
| Rental duration | Specific dates, not to exceed 90 days |
Rent and payment terms
The total rent amount for the rental period must be specified in the contract, along with the payment terms. This may include the amount to be paid before moving in (such as deposits or down payments), and the deadline for paying the remaining balance. Any utilities (water, electricity, internet, etc.) should also be specified, whether they are included in the rent or paid separately.
| Element | Description |
|---|---|
| Rent and payment | Total amount and payment methods |
Security deposit
The contract must specify the deposit amount, a sum paid by the tenant at check-in to cover possible damages caused during the stay. The security deposit is typically refunded to the tenant within a set period after departure, provided no damages are found during the exit inventory. The contract should also specify refund conditions, including whether part of the deposit can be retained to cover repairs or unpaid charges.
| Element | Description |
|---|---|
| Security deposit | Amount to be paid as guarantee for damages |
Other important mentions
In addition to the above, other information can be included in the holiday rental contract for greater clarity. This includes key handover procedures, cancellation rules, inventory of fixtures, and tenant obligations during the stay (reasonable use of equipment, respecting neighbors, etc.).
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Owner and tenant obligations
Within the framework of a rental contract, the owner and the tenant are subject to specific legal obligations. These responsibilities aim to guarantee a fair relationship between the two parties and prevent potential conflicts.
Owner’s obligations
The owner has the main responsibility to ensure that the rental accommodation is in good working order and allows for peaceful enjoyment. This means that he must ensure the property matches the description provided in the contract, both in terms of amenities and hygiene and safety conditions. The owner must also ensure that the tenant can enjoy the property fully without disturbance, especially from nuisances or major breakdowns.
In case of issues related to the condition of the dwelling (essential equipment breakdown or structural problems), the owner is responsible for repairs not caused by improper use by the tenant. He must react quickly to repair damages or major malfunctions.
| Owner’s obligations | Description |
|---|---|
| Provide a well-maintained property | The property must be in perfect condition to host the tenant |
| Guarantee peaceful enjoyment | The tenant must be able to use the property without disturbance |
| Carry out necessary repairs | The owner handles repairs in case of breakdown or issue not caused by the tenant |
Tenant’s obligations
The tenant must, in turn, use the property reasonably and return it in a clean state at the end of the rental period. This means respecting the intended use as outlined in the contract and using the amenities provided without causing damage. He also commits to paying the rent and charges on time; failure to do so may lead the owner to invoke guarantees, such as withholding from the security deposit.
Moreover, the tenant must respect good neighbor rules and follow the house rules if applicable, especially within a condominium. Any improper use (excessive noise, damage to furniture, etc.) constitutes a violation of the contract.
| Tenant’s obligations | Description |
|---|---|
| Use the property reasonably | The tenant should make a normal use of the accommodation and equipment |
| Pay rent on time | The tenant must pay rent and charges within the specified periods |
| Respect equipment and rules | The tenant must follow the house rules and protect the equipment |
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The importance of the inventory of fixtures
The inventory of fixtures is an essential document in the context of a holiday rental. It must be carried out both at the entry and exit of the tenant. This document aims to describe the state of the property and its equipment at two specific moments: before and after the rental period.
Entry inventory
The entry inventory is completed when the tenant takes possession of the property. It involves making a detailed inventory of all aspects of the property: walls, floors, electrical installations, plumbing, furniture, appliances, etc. Each detail is recorded to ensure everything is in good condition. This document is signed by the tenant and the owner (or their representative), confirming their agreement on the property’s state at that moment.
This document protects the tenant against unjustified claims by the owner regarding damages not caused by the tenant during their stay. It also allows the owner to prove that the property was delivered in good condition at the start of the rental.
Exit inventory
The exit inventory is performed when the tenant leaves the property. It aims to compare the condition of the property with that observed at entry. If damages or degradations (stains on walls, damaged furniture, faulty appliances) are observed, the owner may deduct part or all of the security deposit to cover repair costs. If the property is found to be in the same condition as at the start, the owner must return the security deposit within the period specified in the contract (usually within 15 days to a month).
The inventory of fixtures: a tool to prevent disputes
The inventory of fixtures is a valuable tool to prevent disputes between the owner and the tenant. In case of disagreement over the property’s condition, the inventory serves as an official proof, signed by both parties. This document protects the tenant from possible abusive claims and enables the owner to safeguard against irresponsible use of the property.
| Type of inventory | Objective |
|---|---|
| Entry | Document the property’s condition before the rental |
| Exit | Compare the property’s condition after the rental |
How to carry out an inventory of fixtures?
The inventory can be done in the presence of both parties (owner and tenant) or their representatives. Each detail should be noted precisely, and attaching photos is recommended for clarity. If a dispute arises over the condition of the property, both parties may use a bailiff to establish a contradictory inventory.
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How to terminate a holiday rental contract?
The termination of a holiday rental contract is not as straightforward as for a standard lease. It depends on the conditions stated in the contract and the terms agreed upon between the owner and the tenant. The nature of the termination (initiated by the tenant or by the owner) also determines the financial consequences, especially regarding the refunding of any advance payments, such as deposits or down payments.
Termination by the tenant
When the tenant wishes to cancel a rental after signing the contract, it is important to refer to the cancellation terms specified within. Generally, if the tenant has paid deposit at booking, they automatically forfeits this sum if they decide to cancel, with no possibility of refund.
In some cases, the contract may include special conditions for exceptional circumstances (such as force majeure) that could allow the tenant to recover all or part of the deposit.
| Cancellation case | Consequences |
|---|---|
| Tenant cancels | Loss of the deposit paid, unless specific provisions in the contract |
Termination by the owner
If the owner wishes to terminate the contract, the consequences are more serious. Except in cases of force majeure (unforeseeable event making the rental impossible, such as a fire or natural disaster), the owner must ref-bund not only the deposits paid but also pay the tenant a compensation equal to double the deposit. This clause aims to protect the tenant from last-minute cancellations that could disrupt their plans.
| Cancellation case | Consequences |
|---|---|
| Owner cancels | Restitution of double the deposit paid by the tenant |
Termination and down payments
The situation differs if, instead of deposits, the tenant has paid a down payment. Unlike deposits, the down payment firmly commits both parties. If the tenant cancels after paying a down payment, they are generally required to pay the full rental amount unless the owner succeeds in re-renting the property for the same period.
Conversely, if the owner terminates after receiving a down payment, he must not only refund the down payment but may also be obliged to pay damages to the tenant for moral or financial damages incurred.
| Down payment | Consequences |
|---|---|
| Tenant cancels | The tenant may be required to pay the full rental amount |
| Owner cancels | Refund of the down payment and possible damages |
Force majeure cases
In certain exceptional situations, both parties may invoke a force majeure (an unforeseen event beyond their control, such as a natural disaster or health emergency). In such cases, cancellation procedures may be adapted, and the tenant could recover deposits or down payments even if canceled.
Conclusion
The contract of holiday rental is an essential element to regulate short-term rentals. It guarantees balanced relations between the owner and the tenant, avoiding disputes and protecting the interests of both parties.
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