Essential rules to respect for an unfurnished lease

The mandatory provision of decent housing

Even before signing an unfurnished housing lease, you have the obligation to offer decent housing. This means that the property must guarantee the tenant's safety, health, and minimum comfort.
The accommodation must in particular:

• Have a minimum living space of 9 m²

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

• Have essential equipment in good working order (heating, water, sanitary facilities)

An unfurnished housing tenancy agreement signed without respecting these criteria can be challenged and engage your liability.

The formal and validity conditions of the tenancy agreement

The unfurnished tenancy agreement must 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 legal notices required by law.

A non-compliant unfurnished lease contract can be reclassified or partially cancelled by a judge.

The parties involved: who must sign the lease

The unfurnished lease must be signed by:

• The landlord (or their rental management agent)

• The tenant

• If applicable, the co-signatories of the lease (couple, flatshare)

• The guarantor, if a security deposit is requested

Any person legally occupying the accommodation must appear in the unfurnished lease agreement.

Difference between a residential lease and a tenancy agreement: what you need to understand

In everyday language, the terms are often confused.

• The tenancy agreement is a broader concept, which can concern seasonal, furnished, or professional rentals.

• The residential lease is a specific type of unfurnished tenancy agreement, governed by the law of 6 July 1989.

How to draft a compliant unfurnished tenancy agreement

Lease term, 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 - Rent Reference Index).

The mandatory clauses provided by law

Any unfurnished tenancy agreement must include:

• Identity of the parties

• Precise description of the accommodation

• Effective date

• Amount of rent and charges

• Payment methods

• Lease term

• Rent revision conditions

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

The terms and clauses of termination

The tenant can terminate the unfurnished tenancy lease at any time with 3 months' notice (reduced to 1 month in certain cases).
The landlord, however, can only give notice at the expiration of the lease for:

• Repossession of the accommodation

• Sale

• Legitimate and serious motive

The authorized optional clauses

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

• Termination clause in case of unpaid rent

• Maintenance terms for the accommodation

• Distribution of recoverable charges

These clauses reinforce the legal security of the unfurnished tenancy agreement.

The mandatory annexes to attach to the contract

An unfurnished housing tenancy agreement 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 tenancy agreement

Omitting indispensable clauses

An incomplete unfurnished tenancy lease exposes the landlord to costly disputes and a loss of legal protection.

Unfair or prohibited clauses

Prohibited clauses include those imposing, for example:

• The automatic payment of penalties

• The ban on hosting a relative

• Billing for illegal fees

Non-compliance with new legal provisions

Laws change regularly. Using an old unfurnished lease agreement can lead to non-compliance. It is essential to choose an up-to-date template.

Unfurnished lease and furnished lease: the main differences

The unfurnished lease is distinguished by:

• A longer duration

• Different taxation

• A lower security deposit

• A non-mandatory equipment list

These differences directly influence rental profitability and property management.

The laws and legal texts governing the unfurnished tenancy lease

The unfurnished tenancy lease is primarily governed by:

• The law of 6 July 1989

• The ALUR law

• The ELAN law

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

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

Taxation and charges related to unfurnished rentals

Unfurnished rentals fall under the regime of property income (revenus fonciers).
You can opt for:

• The micro-foncier (simplified scheme)

• The real regime (régime réel), often more advantageous for optimizing taxation

Deductible expenses play a key role in net profitability.

Conclusion: securing your unfurnished tenancy lease

A well-drafted unfurnished tenancy lease is an essential pillar of serene and profitable rental management. By respecting the legal framework, avoiding common mistakes, and using a compliant unfurnished tenancy agreement, you protect your assets and considerably reduce the risks of litigation.
Relying on up-to-date templates or a professional rental manager remains the best strategy to secure your investment.