The rules for renting out a property

When signing a rental contract, the tenant is granted a certain number of rights and obligations. While the person renting the property must comply with a number of rules, the landlord must also fulfill several obligations.

1. No money can be requested to reserve accommodation

The landlord is officially prohibited from demanding any sum of money in addition to the rent from any candidate wishing to occupy their property. The landlord cannot under any circumstances request a “reservation check” to reserve the property for a specific tenant.

2. Prohibition on imposing a method of rent payment

The only obligation of the tenant to pay rent is to pay it on time. No payment method can be imposed on the tenant for paying the rent of the property they occupy. Whether the occupant chooses to pay their rent by bank transfer, check, or cash, the landlord is required to accept payment in the form chosen by the tenant.

3. Rent due must be prorated based on the number of days occupying the property

If the tenant arrives or leaves the rented property during the month, the landlord cannot charge the full rent for the current month. In fact, the rent must then follow the prorated rule and should only be paid for the days actually occupied by the tenant.

4. Mandatory insurance

The tenant is required to insure against rental risks; the landlord cannot impose the choice of an insurance company. According to the ALUR law, if the tenant does not insure, the landlord can, after an unsuccessful formal notice, take out insurance in place of and on behalf of the tenant. The cost of this insurance will be passed on to the tenant.

5. No restrictions on temporary housing for family members or friends

The landlord does not have the right to prohibit their tenant from hosting someone for free or to provide a service. The tenant can receive and host people of their choice for short periods. However, the landlord may expressly require the departure of these individuals if a disturbance to the neighbors is observed during these temporary housing periods.

6. No right to refuse the tenant to own a pet

The landlord cannot prohibit the tenant from owning a pet known as a “companion animal.” The tenant may therefore own pets of their choice as long as the number of pets remains reasonable in relation to the size of the property. However, the landlord can prohibit the ownership of attack dogs (category 2) as well as “New pets” (NAC). This category includes all animals that are out of the ordinary (snakes, spiders, monkeys, scorpions, etc.).

7. No unannounced visits to the rented property

Contrary to what many tenants may think, the landlord of the occupied property has no right to access the property unannounced to monitor the general condition of the property or to ensure compliance with the conditions imposed in the rental contract. The law does not provide for monthly or annual visit fees without the tenant’s consent. The landlord, in order to visit the property they are renting, must then request permission, which the tenant is entirely free to accept or refuse.

8. No visit to a rented property without the occupant’s consent

If the landlord has the right to keep a duplicate of the keys to the property during the rental period, they are not allowed to visit it without the agreement and presence of the tenant. If the landlord enters the premises without the tenant’s consent, they then become guilty of a violation of the tenant’s home, and the tenant will have the right to file a complaint in this regard.

9. No compensatory compensation in case of early termination of the lease

The tenant has the right to terminate their lease at their chosen time. However, depending on the nature of the lease, notice must be given from one to three months. This notice must then be used by the landlord to find a new tenant for their property. In this sense, the landlord has no right to claim compensation for the potential financial loss they incur.

10. The security deposit cannot be retained for more than two months after the tenant’s departure

When renting an apartment, the tenant is required to pay a security deposit, which can then be cashed by the landlord if the condition of the property upon the tenant’s departure is different from that at the time of entry. In other words, the tenant agrees to return the property in the same condition as they found it upon arrival. The landlord has a period of two months from the receipt of the keys by the tenant to return the security deposit. If the condition of the tenant’s departure matches that at the time of arrival, the landlord is required to return the security deposit within a maximum period of one month. Beyond this period, the landlord is subject to criminal penalties, as retaining the amount would then be considered abusive.

11. Any total or partial withholding of the security deposit must be justified

The landlord is not allowed to withhold all or part of the security deposit without justification. If the condition of the tenant’s exit shows degradation of the property during the rental period, the landlord may then carry out the necessary repairs using all or part of the amount paid by the tenant during the security deposit. The work performed must be justified by submitting a quote or invoice specifying the exact amount that will be withheld from the security deposit.