In summary
| Section | Description |
|---|---|
| 🏠 Short-term Rental Agreement | A written agreement that governs the temporary renting of a property for a fixed 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 declaration to the local authority. |
| 📄 Mandatory provisions | Includes the identity of the parties, the description of the property, the duration, the rent, and the security deposit. |
| 👨💼 Obligations of the landlord | The landlord must provide a good condition dwelling, ensure peaceful enjoyment, and carry out necessary repairs. |
| 🧑💼 Obligations of the tenant | The tenant must use the property reasonably, pay the rent on time, and adhere to the contract rules. |
| 📋 Inventory | An essential document prepared at entry and exit to compare the condition of the property. |
| ❌ Contract termination | The termination varies depending on the conditions of the contract. The tenant loses the deposit if canceled; the landlord must refund double the deposit if canceling. |
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The short-term rental agreement is an indispensable document to regulate the rental of a property for a short period. It protects both the owner and the tenant during the stay.
What is a short-term rental agreement?
A rental agreement for short-term let is a written agreement made between a property owner and a tenant, intended to regulate the temporary availability of a property for a fixed period. This type of contract mainly concerns properties rented for vacation, leisure or professional stays, and cannot exceed a maximum duration of 90 days consecutively.
The short-term rental differs from other types of leases (such as standard or furnished residential leases) by its shorter duration and its non-residential objective. Indeed, the property rented under a short-term rental agreement is never 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 short-term rental contract must be formalized with a written document, even for a brief period, to protect both parties. Establishing a contract allows to specify the conditions, rights, and obligations of each party and to prevent potential disputes. The owner can include specific clauses, such as payment methods, cancellation terms, and responsibilities of the tenant. In case of disagreement or issue (e.g., damages, last-minute cancellation, rule violations), the contract acts 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, in particular with the implementation of the ALUR law (2014), which imposes certain obligations, such as the requirement to declare rental to municipal authorities in certain cities (notably cities with populations over 200,000) and to respect a 120-day limit per year for primary residence rentals. This aims to regulate the property market amidst the growth of platforms like Airbnb, which have increased short-term rentals in major urban areas.
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Mandatory provisions in a short-term rental contract
To be legally valid, a short-term rental contract must include several mandatory provisions. 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 provisions could be considered null and unenforceable in case of disagreement.
Identity of the parties
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, addresses and, if necessary, other information such as phone numbers and e-mail addresses to facilitate communication between the two parties.
| Element | Description |
|---|---|
| Parties’ identity | Names and addresses of the owner and tenant |
Detailed description of the property
The contract must include a precise description of the rented accommodation. This includes the full address, the total area in square meters, the number of main rooms (bedrooms, living rooms, etc.), and the provided amenities (equipped kitchen, internet connection, air conditioning, etc.). Additionally, a description of the furnishings and equipment present in the property must be included in an inventory attached to the contract.
| Element | Description |
|---|---|
| Description of the property | Address, area, equipment, and furnishings |
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 |
|---|---|
| Rental duration | Specific dates, must not exceed 90 days |
Rent and payment methods
The total rent for the rental period must be specified in the contract, along with payment methods. This may include the amount to be paid before taking possession (such as deposits or advances), and the deadline for paying the remaining balance. Any additional charges (water, electricity, internet, etc.) should also be specified, whether 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 entry to cover potential damages caused to the property during the stay. The security deposit is generally refunded to the tenant within a specified period after departure, provided no damages are found during the exit inventory. The contract should also specify the conditions for refund, including whether a part must be withheld for repairs or unpaid charges.
| Element | Description |
|---|---|
| Security deposit | Amount paid as guarantee to cover damages |
Other important provisions
In addition to the above elements, other information can be included in the short-term rental contract for greater clarity. This includes methods of key delivery, cancellation rules, inventory procedures, and tenant obligations during the stay (reasonable use of equipment, respect for neighbors, etc.).
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Obligations of the owner and tenant
In a short-term rental agreement, both the owner and the tenant are subject to specific legal obligations. These responsibilities aim to guarantee a fair relationship between the two sides and prevent potential conflicts.
Owner’s obligations
The owner primarily has the obligation to ensure that the rental property is in good working order and offers peaceful enjoyment. This means that they must ensure the property conforms to the description provided in the contract, regarding amenities as well as hygiene and safety conditions. The owner must also ensure that the tenant can fully enjoy the property without disturbances, such as nuisances or major breakdowns.
In case of issues related to the condition of the property (important equipment breakdown or structural problems), the owner is responsible for repairs that are not due to improper use by the tenant. They must respond quickly to fix damages or major malfunctions.
| Owner’s obligations | Description |
|---|---|
| Provide a well-maintained property | The property must be in excellent condition to accommodate the tenant |
| Guarantee peaceful enjoyment | The tenant should be able to use the property without disturbance |
| Carry out necessary repairs | The owner handles repairs in case of breakdowns or problems not caused by the tenant |
Tenant’s obligations
The tenant must use the property reasonably and return it in a clean condition at the end of the rental. This means respecting the intended use as defined in the contract and using the equipment provided without causing damage. They also commit to paying the rent and charges on time; otherwise, the owner may invoke the guarantees, such as withholding from the deposit.
They are also required to respect good neighbor rules and follow the house rules if applicable, especially in co-ownership rentals. Any inappropriate use (excessive noise, furniture damage, etc.) constitutes a violation 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 deadlines |
| Respect equipment and rules | The tenant must follow the house rules and protect the equipment |
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The importance of the inventory
The inventory is an essential document in the context of a short-term rental. It must be completed both at the entry and exit of the tenant. This document aims to describe the condition of the property and its equipment at two specific moments: before and after the rental period.
Entry inventory
The entry inventory is conducted when the tenant takes possession. It involves a detailed inventory of all aspects of the property: walls, floors, electrical installations, plumbing, furniture, appliances, etc. Each detail is documented 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 condition at that moment.
This document protects the tenant against unwarranted 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 returned in good condition at the start of the rental.
Exit inventory
The exit inventory is performed when the tenant leaves the property. It serves to compare the condition of the property with the state recorded 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 its initial state, the owner must return the security deposit within the period specified by the contract (usually within 15 days to a month).
The inventory: a tool to prevent disputes
The inventory is a valuable tool to avoid disputes between the owner and tenant. In case of disagreement over the property’s condition, the inventory serves as an official evidence, since it has been signed by both parties. This document protects the tenant against potential abusive claims and allows the owner to safeguard against irresponsible use of the property.
| Type of inventory | Purpose |
|---|---|
| Entry | Document the condition of the property before rental |
| Exit | Compare the condition after the rental |
How to carry out an inventory?
The inventory can be performed with the presence of both parties (owner and tenant) or their representative. Each detail must be recorded with precision, and it is recommended to attach photos for clarity. If a disagreement arises regarding the property’s condition, both parties can involve an expert to establish a contradicting inventory.
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How to terminate a short-term rental contract?
The termination of a short-term rental contract is not as straightforward as with a standard lease. It depends on the conditions specified in the contract and the terms agreed upon between the owner and the tenant. The nature of the termination (initiated by the tenant or the owner) also determines the financial consequences, particularly concerning the refund of sums paid in advance, such as deposits or advances.
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 in the contract. Usually, if the tenant paid deposits at booking, they automatically forfeit 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) allowing the tenant to recover part or all of the deposits.
| Cancellation case | Consequences |
|---|---|
| Tenant cancels | Loss of the deposits paid, unless any special stipulations in the contract |
Termination by the owner
If the owner wishes to cancel the contract, the consequences are more serious. Unless in cases of force majeure (unexpected event making the rental impossible, such as a fire or natural disaster), the owner must refunded not only the deposits paid by the tenant but also pay them a compensation equivalent to double the deposits. This clause aims to protect the tenant from last-minute cancellations that could disrupt their plans.
| Cancellation case | Consequences |
|---|---|
| Owner cancels | Return of double the deposits paid by the tenant |
Cancellation and advances
The situation differs if, instead of deposits, the tenant paid a down payment. Unlike deposits, a down payment firmly commits both parties. If the tenant decides to cancel after paying a down payment, they are generally required to pay the entire rental amount unless the owner manages to rebook the property for the same period.
Conversely, if the owner cancels after receiving a down payment, they must refund the down payment and may also be obliged to pay damages or interest for moral or financial harm.
| Down payment | Consequences |
|---|---|
| Tenant cancels | The tenant may be required to pay the full rental amount |
| Owner cancels | Refund of the down payment and any damages and interests |
Force majeure cases
In certain exceptional situations, both parties may invoke a force majeure event (an unpredictable event beyond the parties’ control, such as a natural disaster or health emergency). In such cases, the cancellation procedures can be adapted, and the tenant may recover deposits or down payments even if the rental is canceled.
Conclusion
The rental agreement for short-term rentals is an essential element to regulate short stays. It ensures balanced relations between the owner and the tenant, preventing disputes and protecting the interests of both parties.
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