Renting furnished accommodation without discriminating: what the law says
3 minutes
Renting a furnished apartment involves selecting a tenant. However, this step can sometimes be influenced by preconceived ideas, past experiences, or personal apprehensions.
Without being fully aware of it, a landlord can adopt discriminatory behavior — which is strictly prohibited by law.
When it comes to access to housing, the rule is clear: any decision must be based on objective and legal criteria, never on prejudice.
What is housing discrimination?
Legally, discrimination occurs when a person is treated less favorably than another in a comparable situation, without legitimate justification.
In practice, refusing to rent:
To a family with children
To a person because of their origin
To a candidate because of their health status
Or for any other personal characteristic
constitutes a punishable discrimination.
Even if the intention is to "protect one's property", these practices are illegal.
Penalties provided by law
Discrimination in access to housing is a criminal offense.
Penalties can go up to:
3 years of imprisonment
A €45,000 fine for an individual landlord
A €225,000 fine for a legal entity (real estate agency)
The legal risk is real, and the authorities are particularly vigilant.
Criteria protected by law
European and French legislation prohibits any discrimination based in particular on:
Age
Sex
Origin
Family situation
Pregnancy
Health status or disability
Sexual orientation
Gender identity
Political or religious opinions
Surname
Physical appearance
Place of residence
Economic vulnerability
Bank domiciliation
The list is broad and regularly clarified by case law.
What are the authorized criteria for choosing a tenant?
The law only authorizes objective criteria related to solvency.
A landlord can legitimately examine:
The candidate's income (salaries, pensions, allowances)
Professional stability
The presence of a guarantor
The subscription of an unpaid rent insurance
Since the decree of November 5, 2015, the list of supporting documents that can be requested is strictly regulated.
The selection must rely exclusively on financial capacity and rental guarantees.
How to rent without legal risk?
To secure the rental process:
Establish an identical analysis grid for all candidates
Keep track of the files examined
Avoid any subjective remarks
Rely solely on verifiable financial criteria
If you use a real estate agency, make sure that a non-discrimination clause is included in the management mandate. This strengthens your protection in the event of a dispute.
A rigorous... and fair selection
The goal is not to rent at all costs, but to choose a solvent tenant without falling into subjective or illegal criteria.
A professional approach allows to:
Secure your rents
Avoid unpaid rents
Comply with regulations
Preserve your legal liability
Need assistance to secure your furnished rental?
Our team selects tenants based on strictly legal and objective criteria, ensuring a process that complies with regulations.
Contact us to entrust your property with complete peace of mind and avoid any risk of involuntary discrimination.
