sous-location-non-autorisee-par-le-contrat-de-bail-enquete-privee_parisWhether it is for residential, professional, or commercial use, the rental agreement defines the rights and obligations for both the landlord and the tenant. Through this agreement, one party (the landlord) commits to providing the other party (the tenant) with a property they own, in exchange for the payment of rent and associated charges.

The lease agreement binds both parties to comply with public order rules established by the French Civil Code, as well as any specific statements they may have chosen to include in this document.

The different types of lease agreements

The property made available can be subject to :

  • a residential lease (house or apartment, for a minimum duration of 3 years);
  • a non-commercial lease (for liberal professions, with a duration not less than 6 years) ;
  • a commercial lease (for a merchant, artisan, or industrialist, with a duration not less than 9 years, except in specific cases provided for under Article L. 145-5 of the French Commercial Code).

The property can be rented furnished or unfurnished, for a long or short duration (furnished rental, short-term rental, or seasonal rental). It can also include garages or car parks.

Each of these specific types of lease can lead to disputes between the landlord and the tenant if the obligations/conditions defined in the lease agreement are not respected.

Cabinet Arnoult International’s intervention will consist of proving that one or the other party has not fulfilled the obligations of the lease agreement to which they are bound.

Among the landlord’s obligations: providing the tenant with decent housing. Among the tenant’s obligations: regularly and timely payment of rent and charges, subscribing annually to an insurance policy covering risks for the leased property, refraining from any subletting without the landlord’s prior agreement (whether it is long-term or occasional, such as an Airbnb lease), peacefully enjoying the property in compliance with the use defined in the lease, and ensuring sufficient occupation of the property (cf. the application conditions of the 1948 law…).

Example &
Practical

1. Illegal subletting

Having suspicions about the actual occupant of the property and its consistent use, Mr. X (the landlord) requests our services to determine whether the tenant has engaged in subletting without his prior authorization, even though such authorization is essential.

The investigations carried out have proven that the official tenant no longer resided in the property for over a year and had implemented successive subletting arrangements for profit.

Thanks to our investigation report, the landlord was justified in requesting and obtaining judicial termination of the residential lease for legitimate and serious reasons, due to the tenant’s failure to comply with the conditions of the contract.

2. Insufficient occupancy

Upon the death of his father, Mr. X inherited a property occupied by Mrs. Y, the official tenant under a lease governed by the 1948 Law. Suspecting that Mrs. Y was not effectively occupying the property, Mr. X sought our assistance to verify the compliance to the conditions of use stipulated by this Law

The investigations revealed that Mrs. V. was actually living in her secondary residence and renting out the property to students. 

Thanks to our investigation report, the landlord obtained the termination of the lease enjoyed by the tenant under the 1948 Law.

Service agreement

For each mission, a contract is drafted, specifying the purpose of the mission, the methodology, the financial terms, and the timeline for execution.

Lead investigator

Your case will be handled by a dedicated lead investigator who’s going to be your only contact, in charge of coordinating and managing the investigations.

Investigation report

At the conclusion of the investigations, a detailed, thorough, and precise investigation report will be drafted. It may be presented, if necessary, before the competent jurisdiction.

  • The residential lease is governed in particular by Articles 1708 and following of the French Civil Code and by the Law of July 6, 1989.
  • The commercial lease is governed by Articles L. 145-1 and following of the French Commercial Code. Its legal framework, found in the French Commercial Code, was amended by Law No. 2014-626 of June 18, 2014.
  • The non-commercial lease does not have specific regulations, unlike the commercial lease. It is therefore governed by the provisions of the French Civil Code, which serves as the general framework for leases. Regarding the professional lease, the Civil Code’s regulations must be combined with Article 57A of the law of December 23, 1986.