The essential rules to follow for an unfurnished lease

The mandatory provision of decent housing

Before even signing a unfurnished housing lease, you are required to offer a decent housing. This means that the property must guarantee the safety, health, and minimal comfort of the tenant.
The accommodation must in particular:

• Have a minimum living area of 9 m²

• Be free from obvious risks (electricity, gas, structure)

• Have essential equipment in good condition (heating, water, sanitation)

A lease contract for unfurnished housing signed without complying with these criteria can be contested and may engage your liability.

The conditions of form and validity of the lease contract

The unfurnished lease contract must necessarily be established in writing, in as many copies as there are parties.
It can be drafted in paper or electronic format, but must contain all the legal mentions required by law.

An unfurnished lease contract that does not comply can be reclassified or partially annulled by a judge.

The parties involved: who must sign the lease

The unfurnished lease must be signed by:

• The landlord (or their representative in rental management)

• The tenant

• If applicable, the co-tenants of the lease (couple, roommates)

• The guarantor, if a security deposit is required

Every person legally occupying the housing must appear in the unfurnished lease contract.

Difference between housing lease and rental contract: what you need to understand

In common language, the terms are often confused.
👉 The housing lease is a specific type of unfurnished rental contract, regulated by the law of July 6, 1989.
👉 The rental contract is a broader concept, which can cover seasonal rentals, furnished or professional leases.

How to draft a compliant unfurnished rental contract

Duration of the lease, rent, and security deposit

An unfurnished apartment lease is concluded for:

• 3 years minimum if the landlord is an individual

• 6 years minimum if the landlord is a legal entity

The security deposit is capped at one month’s rent excluding charges.
The rent must be clearly defined, as well as the terms of revision (IRL).

The mandatory clauses required by law

Any unfurnished rental contract must include:

• Identity of the parties

• Precise description of the accommodation

• Date of effect

• Amount of rent and charges

• Payment terms

• Duration of the lease

• Conditions for rent revision

These elements are essential for the validity of the unfurnished lease contract.

The conditions and clauses of termination

The tenant can terminate the unfurnished rental lease at any time with a 3-month notice (reduced to 1 month in certain cases).
The landlord, on the other hand, can only terminate at the end of the lease for:

• Recovery of the property

• Sale

• Legitimate and serious reason

The optional clauses allowed

Certain clauses can be added if they comply with the law, for example:

• Resolutory clause in case of non-payment

• Terms of maintenance of the accommodation

• Distribution of recoverable charges

These clauses strengthen the legal security of the unfurnished rental contract.

The mandatory annexes to attach to the contract

An unfurnished housing lease must be accompanied by several documents:

• Technical diagnostics file (DDT)

• Tenant information notice

• Inventory of fixtures

• Co-ownership regulations (if applicable)

How to draft a compliant unfurnished rental contract

The omission of essential clauses

An unfurnished lease that is incomplete exposes the landlord to expensive disputes and a loss of legal protection.

Unfair or prohibited clauses

Clauses imposing, for example, are prohibited:

• Automatic payment of penalties

• Prohibition on hosting a relative

• Charging illegal fees

Non-compliance with new legal provisions

Laws evolve regularly. Using an old unfurnished lease contract can lead to non-compliance. It is essential to opt for an up-to-date model.

Unfurnished lease and furnished lease: the main differences

The unfurnished lease is distinguished by:

• A longer duration

• A different taxation

• A lower security deposit

• A list of equipment not being mandatory

These differences directly influence the rental profitability and management of the property.

The laws and legal texts governing the unfurnished rental lease

The unfurnished lease is primarily governed by:

• The law of July 6, 1989

• The ALUR law

• The ELAN law

Termination of the unfurnished lease: rights and obligations of the landlord and tenant

Termination must respect precise deadlines, a formal notification, and legal reasons.
Mismanagement of the notice can lead to financial penalties.

Taxation and charges related to unfurnished rental

Unfurnished rental falls under the regime of property income.
You can opt for:

• The micro-property income

• The real regime, often more advantageous for optimizing taxation

Deductible charges play a key role in net profitability.

Conclusion: securing your unfurnished rental lease

A well-drafted unfurnished rental lease is an essential pillar of calm and profitable property management. By respecting the legal framework, avoiding common mistakes, and using a compliant unfurnished rental contract, you protect your assets and significantly reduce the risk of disputes.
Relying on up-to-date models or on a professional in rental management remains the best strategy to secure your investment.