Renting a property requires adhering to a precise legal framework, from energy diagnostics to drafting the lease. Each step engages the landlord’s responsibility and conditions the strength of the relationship with the tenant. This guide details the technical points to master in order to secure a rental.
Energy class of the housing: the prerequisite before any rental
Since January 1, 2025, a property rated G on the DPE can no longer be subject to a new lease. This prohibition stems from the energy decency criterion introduced by the Climate and Resilience Law. The timeline continues: properties rated F will be affected in 2028, followed by class E in 2034.
In practical terms, a property owner wishing to rent their property must check its energy class even before publishing an advertisement. If the DPE shows a G, renovation work is mandatory to at least raise it to class F.
Current leases are not immediately terminated. However, upon their expiration, renewal is impossible as long as the property remains below the threshold. This point is often discovered too late by landlords, even though it conditions the entire rest of the process. Those wishing to rent a property with ALO Immobilier can receive assistance with this type of prior verification.
Rental lease: mandatory mentions not to overlook
The lease contract is a document governed by a standard model since the ALUR law. For a unfurnished rental, the minimum duration is three years. For a furnished rental, it drops to one year (nine months for a student lease).
Several recent mentions must appear in the contract to protect the landlord. Regulations now require the addition of supplementary information that did not exist in previous lease models, particularly regarding rent revision terms and the respective obligations of the parties.
Documents to attach to the lease
The technical diagnostics file is a mandatory annex. It includes several elements that the landlord must provide to the tenant before signing:
- The energy performance diagnosis (DPE), which conditions the legality of the rental based on the obtained class
- The lead exposure risk assessment for properties built before 1949
- The state of natural, mining, and technological risks, updated according to the property’s location
- The electricity and gas diagnosis if the installation is over fifteen years old
The absence of any of these documents may allow the tenant to request a rent reduction or challenge the validity of the lease in court.
Setting the rent and regulation: what the landlord must check
The amount of rent is determined based on the characteristics of the property (size, location, general condition) and the local market. However, in certain cities, rent regulation imposes a ceiling that the landlord cannot exceed.
This system, initially experimental, is already in operation in several urban areas. A reference rent is set by prefectural decree, and any excess must be justified by a rent supplement related to the property’s exceptional characteristics (view, terrace, rare equipment).
Non-compliance with the regulation exposes the owner to action from the tenant to obtain a readjustment, with retroactive effect on rents already paid. Checking whether your municipality applies this system is a step to take before drafting the advertisement.
Tenant selection and guarantees against unpaid rents
The selection of the tenant is based on the examination of supporting documents regulated by law. The landlord may request proof of income, an identity document, proof of residence, and an employment contract or tax notice. However, certain documents are prohibited: bank statements, criminal record extracts, account management certificates.
Rental guarantees to implement
Two main systems protect the owner against the risk of unpaid rents:
- The joint guarantee, whereby a third party commits to pay the rent in case of tenant default. It remains the most widespread mechanism
- Unpaid rent insurance (GLI), taken out by the landlord, which covers unpaid rents and sometimes property damage. These two guarantees cannot be combined for the same tenant, unless they are a student or apprentice
- The Visale guarantee, offered by Action Logement, which acts as a free guarantee for tenants under thirty or employees in professional mobility
The choice between these systems depends on the tenant’s profile and the level of risk the landlord is willing to take.
Entry inventory: a document that protects both parties
The entry inventory is a contradictory document, signed by the landlord and the tenant upon handing over the keys. Its accuracy determines the owner’s ability to retain the security deposit in case of damages noted upon departure.
Each room must be described with sufficient detail: condition of walls, floors, equipment, meter readings. Dated photographs are a useful supplement, even if they do not have independent legal value.
A sloppy inventory almost always penalizes the landlord. In case of dispute, the absence of a precise mention of a pre-existing damage will be interpreted in favor of the tenant. Taking the time to draft this document rigorously avoids costly disputes at the end of the lease.
Renting a property is not limited to finding a tenant. The DPE conditions the legality of the lease, rent regulation sets a ceiling in many cities, and the inventory protects the landlord’s assets throughout the rental period. Each of these steps deserves technical attention, not just administrative.
