Table of Contents

1. What is a civil lease?

2. When to use a civil lease?

3. What are the obligations of the lessor and the tenant?

4. Content and form of the civil lease

5. Duration, termination and renewal of the civil lease

6. How to set the rent?

7. Civil lease or other leases: which one to choose?

8. The civil lease for furnished rentals in Paris

9. Conclusion: Why choose the Civil Code Lease?

1. What is a civil lease?

The civil lease (or common law lease) is defined by the articles 1713 to 1778 of the Civil Code.
Unlike residential, commercial, or professional leases, it is not subject to any specific regulation:

• The rent is freely set;

• The security deposit is not limited;

• The contract can be concluded for a short period.

However, it is not suitable for all rentals. In particular, it is not allowed for housing rented as a primary residence, which is subject to the law of July 6, 1989.

2. When to use a civil lease?

The civil lease is particularly suitable for:

• Offices;

• Warehouses;

• Non-agricultural land;

• Commercial premises without public access;

• Parking spaces and independent garages;

• Second residences;

• Employee housing;

• Seasonal rentals;

• Rentals to non-profit associations.

This contract is ideal for owners and tenants who want a flexible rental without long-term commitment.

3. What are the obligations of the lessor and the tenant?

   
   

Obligations of the lessor - owner

Even though contractual freedom is broad, certain obligations must be respected:

• Provide a decent housing and in good condition;

• Carry out the necessary maintenance work;

• Provide the mandatory technical diagnostics.

IMPORTANT TO KNOW: It is impossible to take out insurance for unpaid rents for a civil lease. However, the lessor can request a guarantor.

Obligations of the tenant

The tenant must:

• Respect the intended use of the property;

• Pay the rent and charges on time;

• Carry out routine maintenance and tenant repairs as defined in article 1754 of the Civil Code;

• Respect the peace of the premises;

• Return the property in its initial condition.

IMPORTANT TO KNOW: Subletting is only allowed with the written consent of the owner.

4. Content and form of the civil lease
   
   

The civil lease is not subject to strict formalism, but to avoid any disputes, it is advisable to include:

• Identity of the parties;

• Address and precise description of the property;

• Use of the property (second residence, associative premises, etc.);

• Amount of rent, charges and revision terms;

• Duration of the lease;

• Terms for renewal or termination;

• Security deposit;

• Express exclusion of the law of July 6, 1989;

• Agreement or prohibition of subletting.

IMPORTANT TO KNOW: To secure the transaction, it is recommended to consult a real estate professional for drafting.

5. Duration, termination and renewal of the civil lease

The duration of the lease is freely set, with a maximum limit of 9 years.

Unless stated otherwise, the lease is tacitly renewed for the same duration.
Termination can be made by registered letter with acknowledgment of receipt, respecting a notice period in accordance with local practices:

• 1 month notice for the tenant;

• 3 months for the lessor in furnished rentals.

IMPORTANT TO KNOW: It is advisable to clearly define the termination conditions at the signing of the lease.

💡 Tip: a preemption clause can be added to give the tenant a right of priority to purchase the property in case of sale.

6. How to set the rent?

The rent is set freely between the parties. However, it must be consistent with the local market.

• For rent revisions, use the Tertiary Activities Rent Index (ILAT) for tertiary activities.

• For employee housing, refer to the Rent Reference Index (IRL).

7. Civil lease or other leases: which one to choose?

Differences with other leases

• Professional lease: reserved for the exercise of a liberal profession (doctors, lawyers...);

• Commercial lease: concerns commercial, artisanal or industrial activities;

• Agricultural lease: for the agricultural exploitation of land.

IMPORTANT TO KNOW: The civil lease is suitable only for rentals for personal or secondary use, and not professional.

Compared to the housing lease

The housing lease targets the primary residence of the tenant, with strict rules (law of 1989).
The civil lease is therefore only possible for:

• Second residence;

• Employee housing;

• Rental to an association.

Civil lease or mobility lease?

The mobility lease is reserved for students, interns or professionals on the move for short rentals (1 to 10 months).
The civil lease applies only outside of these cases.

8. The civil lease for furnished rentals in Paris

In Paris, the civil lease is often chosen to:

• Lease a property to companies to house their employees;

• Offer a second residence.

In light of strong demand, this type of lease allows owners to maintain the necessary flexibility to quickly reclaim their property, for example after an expatriation or to house a relative.

WARNING: the housing must not become the primary residence of the tenant, under penalty of reclassification of the lease!

9. Conclusion: Why choose the Civil Code lease?

The Civil Code lease represents a real opportunity for owners wishing to rent their property with more freedom and financial security.

Indeed, this type of contract generally attracts higher quality clientele: companies, expatriates, professionals on the move, or serious associations — all profiles capable of paying a higher rent and respecting rental commitments.

However, it must be used with caution: it is not suitable for primary residence and requires a rigorous drafting to avoid any reclassification or dispute.

Whether for renting a second residence, a business premise, or employee housing, the civil lease remains a performing alternative, provided that one is well advised.

Thanks to its flexibility, the civil lease allows you not only to set conditions tailored to your asset strategy but also to target a solvent clientele, often less exposed to unpaid rents.

However, be sure to respect usage conditions and to properly secure the drafting of the contract to avoid any unpleasant surprises.

In summary: for those who want to rent better, more freely, and to reliable clientele, the Civil Code lease is an excellent solution.

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