The Rules of Real Estate Rental

Renting an apartment or a house is not always straightforward. You need to understand the laws in place for renting, find tenants without overstepping the rules defined by the law. This involves following certain formalities (providing mandatory documents for the rental), constant monitoring (collecting rent and taxes), or being available and responding promptly for any repairs requiring a tradesperson.

Why Use a Property Manager?

Property management is governed by laws that are constantly evolving. In addition to having to stay informed about the new measures applied to property management, you must also complete all the necessary steps to obtain the mandatory documents for renting out your property. Did you know that since 2010, the landlord must provide all potential tenants with the energy performance diagnostic, and it must be conducted by a certified professional for property diagnostics? Are you aware of the mandatory information that must be included in your lease contract as required by the ALUR law and later by the MACRON law? Your property manager at Carmen Immobilier is fully knowledgeable about current regulations and is thus a trusted point of contact, ensuring complete understanding of all procedures to follow.

What are the mandatory steps before renting out a property?

Whether you choose to manage the rental of your property yourself or go through an agency, certain steps are mandatory before renting out.

The obligation to offer a decent dwelling

To be allowed to rent a property in France, it must meet the characteristics of a decent dwelling according to Article 6 of the law of July 6, 1989, by meeting minimum surface and comfort criteria. For example, you cannot rent your property if the main room is smaller than 9m², with a ceiling height of less than 2.20 meters, or a living volume of less than 20m³. Therefore, make sure to check the electrical and gas networks, ventilation systems, and construction materials to ensure they are safe for your future tenants.

Mandatory property diagnostics for rental

Since July 1, 2017, every landlord must provide certificates of property diagnostics to protect the future tenant from any health, safety, or financial risks. These diagnostics are divided into two categories: those that are always mandatory and those that depend on the year of construction of the property: Mandatory diagnostics for all properties, regardless of the year of construction:

Energy Performance Diagnostic (DPE)
Living Area Diagnostic: This informs the future tenant of the actual surface area of the property they will rent.
Risk and Pollution Status Diagnostic (ERP) for properties located in a declared risk area.
Airborne Noise Nuisance Diagnostic: For properties located in a Noise Exposure Plan area.

Mandatory diagnostics based on the year of construction:

Asbestos diagnostic for all properties built before July 1, 1997.
Lead diagnostic for all properties built before January 1, 1949.
Gas diagnostic for homes with gas installations older than 15 years.
Electricity diagnostic for homes with electrical installations older than 15 years.

The various mandatory property diagnostics before renting are governed by common and specific legislative texts for different types of rental. They can only be carried out by an accredited professional. Feel free to inquire at our Carmen Immobilier agencies or through our partner Diagamter, an accredited professional.

Insurance

Non-occupying co-owners are required to have at least liability insurance. You can subscribe to non-occupying owner insurance (PNO) to be protected in case of damage, even if no tenant is in place. When the property is managed by our agencies, you can benefit from the group insurance contract for unpaid rent.

What Formalities Are Prohibited in Renting Out a Property?

Certain formalities are prohibited when searching for tenants. Specifically, some documents cannot be requested.

Below is the list of 17 documents that a landlord is prohibited from asking a rental applicant for (Article 22-2 of the Law of July 6, 1989, modified by Law No. 2010-1249 of October 22, 2010, Article 41).

Before establishing the rental contract, the landlord may not ask the rental applicant to provide the following documents:

Identity photograph, except for the identity proof document
Social security card
Copy of bank or postal account statements
Bank or postal account good standing certificate
Certificate of no ongoing loans
Direct debit authorization
Divorce judgment, except for the section beginning with “For these reasons”
Previous landlord’s certificate stating that the tenant is up to date with rent and charges, as long as the tenant can present other proofs
Employer’s certificate as long as the employment contract and recent payslips are provided
Marriage contract or cohabitation certificate
Reservation cheque for the rental property or cash mandate to reserve a property
Personal medical record
Criminal record extract
Submission of more than two financial statements for self-employed workers

Based on experience and the list established by decree (Decree No. 2015-1437 of November 5, 2015, setting the list of documents that can be requested from rental applicants and their guarantors), the real estate agency will request proof of solvency from the future tenant and will arrange for a guarantor agreement if needed, or a bank guarantee.

By entrusting your property to Concierge Immobilier, you will receive a complete service without the hassle of reception, administration, or legal issues.

What Services Are Offered by a Real Estate Agency?

A real estate agency offers services operated by professionals in the local market. With Concierge Immobilier, we manage your rental the way you want. To learn more about our services, check out our year-round property management offer.

Once the tenant is settled, Concierge Immobilier will ensure the ongoing management of your property, guaranteeing quality services.

Proximity

33 agencies spread across the South Basque Country Landes sector

Accompaniement

162 experienced employees to help you with your projects

Expertise

More than 30 years of experience at your side

Leader in the region

600 transactions carried out over the year 2023

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