In Summary
| Section | Description |
|---|---|
| 🏠 Holiday Rental Contract | An written agreement that frames the short-term rental of a property for a determined period. |
| ✍️ Why a written contract? | It protects both parties by specifying the conditions, rights, and obligations. |
| 📜 Legal framework | Regulated by the Tourism Code and the Civil Code, with obligations such as reporting to the municipality. |
| 📄 Mandatory mentions | Includes the identity of the parties, the description of the property, the duration, the rent, and the security deposit. |
| 👨💼 Obligations of the owner | The owner must provide a good condition 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 follow contract rules. |
| 📋 Condition report | 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 their deposit if canceled; the owner must refund double the deposit if they cancel. |
Download the contract template
The short-term rental contract is an essential document to regulate the temporary leasing of a property. It protects both the owner and the tenant during the stay.
What is a short-term rental contract?
A short-term rental contract is a written agreement between a property owner and a tenant, aiming to regulate the temporary availability of a property for a determined period. This type of contract mainly concerns properties rented for vacation, leisure, or business stays, and cannot exceed a maximum duration of 90 consecutive days.
The short-term rental differs from other types of leases (such as traditional or furnished residential leases) by its shorter duration and its non-residential purpose. The rented property under a short-term rental contract is never the main residence of the tenant, meaning the tenant does not intend to settle there permanently. It is thus a temporary rental, often chosen for limited stays during holidays or short-term work trips.
Why use a written contract?
The short-term rental contract must be formalized by a written document, even for a brief period, to protect both parties. Establishing a contract allows clarifying the conditions of rental, the rights and obligations of each party, and to prevent potential disputes. The owner can include specific clauses, such as payment terms, cancellation conditions, and responsibilities of the tenant. In case of disagreement or problems (e.g., damages, last-minute cancellation, rule violations), the contract serves as a legal reference.
Legal framework for short-term rentals
In France, short-term 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 declarations to the municipality in some cities (notably cities with over 200,000 inhabitants) and respecting a limit of 120 days per year for renting primary residences. This aims to regulate the real estate market in the face of the growth of platforms like Airbnb, which have increased short-term rentals in major urban areas.
Mandatory mentions in a short-term rental contract
To be legally valid, a short-term rental contract 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 missing these mentions could be considered null and unenforceable in case of disagreement.
Parties’ identities
The contract must start with the clear and precise identification of the two parties: the owner (or lessor) and the tenant (or lessee). This includes full names, postal addresses, and if necessary, other information like phone numbers and email addresses to facilitate communication between the parties.
| Element | Description |
|---|---|
| Parties’ identity | Names and addresses of the owner and the tenant |
Detailed description of the property
The contract must contain a precise description of the rental property. This includes the full address of the property, its total area in square meters, the number of main rooms (bedrooms, living rooms, etc.), and the equipment provided (furnished kitchen, internet connection, air conditioning, etc.). Additionally, a description of the furniture and equipment present must be included in an inventory annexed to the contract.
| Element | Description |
|---|---|
| Description of the property | Address, area, equipment, and furniture |
Duration of the rental
The duration of the rental must be explicitly indicated with the specific dates of start and end of the stay. It is important to note that the maximum duration of a short-term rental is 90 days consecutive for the same tenant, except in certain very specific tourist zones.
| Element | Description |
|---|---|
| Duration of the rental | Specific dates; must not exceed 90 days |
Rent and payment methods
The total rent amount for the rental period must be specified in the contract, along with the payment methods. This can include the amount to be paid before moving in (such as deposits or advance payments), and the deadline for paying the remaining balance. Any additional charges (water, electricity, internet, etc.) must also be detailed, whether they are included in the rent or payable separately.
| Element | Description |
|---|---|
| Rent and payment | Total amount and payment methods |
Security deposit
The contract must specify the amount of the security deposit, a sum paid by the tenant upon move-in to cover potential damages caused during the stay. The security deposit is generally refunded within a set period after the tenant’s departure, provided no damages are observed during the exit inspection. The contract should also specify the conditions of restitution, especially if a part must be retained to cover repairs or unpaid charges.
| Element | Description |
|---|---|
| Security deposit | Amount to be paid as a guarantee for damages |
Other important mentions
Besides the elements above, additional information may be included in the short-term rental contract for greater clarity. This includes the key delivery procedures, cancellation rules, condition of the condition report, and tenant obligations during the stay (reasonable use of equipment, respect for neighbors, etc.).
Obligations of the owner and tenant
Within a short-term rental contract, the owner and the tenant are subject to specific legal obligations. These responsibilities aim to ensure a fair relationship between the two parties and to prevent potential conflicts.
Owner’s obligations
The owner has the primary obligation to ensure that the rental property is in good condition and facilitates peaceful enjoyment. This means that they must ensure the property matches the description provided in the contract, both in terms of equipment and hygiene and safety conditions. The owner must also ensure that the tenant can fully enjoy the property without disturbances, such as nuisances or major malfunctions.
In case of issues related to the property’s condition (failure of essential equipment or structural problems), the owner is responsible for repairs that are not caused by improper use by the tenant. They must react quickly to repair damage or major malfunctions.
| Owner’s obligations | Description |
|---|---|
| Provide a well-maintained property | The property must be in perfect condition for tenants |
| Guarantee peaceful enjoyment | The tenant must be able to use the property without disturbance |
| Perform necessary repairs | The owner handles repairs in case of breakdowns or issues not caused by the tenant |
Tenant’s obligations
The tenant must use the property in a reasonable manner and return it in a clean state at the end of the rental. This means respecting the intended use of the property as specified in the contract and using the equipment provided without causing damage. They also agree to pay the rent and charges on time, failing which the owner can invoke the guarantees provided, such as withholding from the deposit.
Furthermore, the tenant must respect good neighborliness rules and follow the house rules if any, especially in a coproperty rental. Any improper use of the property (excessive noise, damage to furniture, etc.) constitutes a breach of the contract.
| Tenant’s obligations | Description |
|---|---|
| Use the property reasonably | The tenant must make normal use of the property and equipment |
| Pay rent on time | The tenant must pay rent and charges within the specified times |
| Respect equipment and rules | The tenant must follow the house rules and protect the equipment |
The importance of the condition report
The condition report is an essential document in the context of a short-term rental. It must be carried out both at the entry of the tenant into the property and at exit. This document aims to describe the state of the property and its equipment at two specific moments: before and after the rental period.
Entry condition report
The entry condition report is prepared when the tenant takes possession of the premises. It involves 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 the property was returned in good condition at the start of the rental.
Exit condition report
The exit condition report is carried out when the tenant leaves the property. It serves to compare the property’s state with that observed at entry. If damages or degradations are observed (stains on walls, damaged furniture, faulty appliances), the owner may deduct part or all of the security deposit to cover repair costs. If the property’s condition is deemed consistent with the initial state, the owner must return the security deposit within the period specified in the contract (typically within 15 days to a month).
The condition report: a tool to prevent disputes
The condition report is a valuable tool to avoid disputes between the owner and the tenant. In case of disagreement over the property’s condition, the report serves as an official proof, since it has been signed by both parties. This document protects the tenant against potential abusive claims and helps the owner protect against irresponsible use of the property.
| Type of condition report | Objective |
|---|---|
| Entry | Record the property’s condition before rental |
| Exit | Compare the property’s condition after the rental |
How to carry out a condition report?
The condition report can be conducted in the presence of both parties (owner and tenant) or their representative. Each detail must be noted with precision, and it is recommended to attach photos for clarity. If a disagreement arises about the property’s condition, both parties can involve a notary to produce a contradictory condition report.
How to terminate a short-term rental contract?
Terminating a short-term rental contract is not as straightforward as terminating a regular lease. It depends on the conditions stipulated in the contract and the terms agreed between the owner and the tenant. The nature of the termination (initiated by the tenant or by the owner) also affects the financial consequences, especially concerning the refunding of amounts paid in advance, such as deposits or advance 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 procedures provided in the contract. Generally, if the tenant paid deposits at booking, they automatically lose that amount if they decide to cancel, without possibility of refund.
In some cases, the contract may provide special conditions for exceptional circumstances (such as force majeure) allowing the tenant to recover part or all of the deposits.
| Cancellation cases | Consequences |
|---|---|
| Tenant cancels | Loss of the deposits paid, unless specific stipulations in the contract |
Termination by the owner
If the owner wishes to terminate the contract, the consequences are more severe. Except in cases of force majeure (unexpected event making rental impossible, such as a fire or natural disaster), the owner must refund not only the deposits paid by the tenant but also pay a compensation equal to double the deposits. This clause aims to protect the tenant from last-minute cancellations that could disrupt their plans.
| Cancellation cases | Consequences |
|---|---|
| Owner cancels | Restitution of double the deposits paid by the tenant |
Cancellation and advance payments
The situation differs if, instead of deposits, the tenant paid an advance payment. Unlike deposits, an advance payment firmly commits both parties. If the tenant decides to cancel after paying the advance, they are generally required to pay the entire rental amount unless the owner manages to re-let the property for the same period.
Conversely, if the owner terminates after receiving an advance, they are not only obliged to refund the advance but may also be liable to pay damages and interests for moral or financial harm suffered.
| Advance payment | Consequences |
|---|---|
| Tenant cancels | The tenant may be required to pay the entire rental amount |
| Owner cancels | Refund of the advance and potential damages and interest |
Force majeure cases
In certain exceptional situations, both parties can invoke a force majeure case (an unpredictable event outside the control of both parties, such as a natural disaster or health emergency). In these cases, the cancellation procedures may be adapted, and the tenant might recover deposits or advances even if the rental is canceled.
Conclusion
The contract for short-term rental is an indispensable element for regulating short-duration rentals. It guarantees balanced relations between owner and tenant, avoiding disputes and protecting the interests of both parties.
