French Landlord-Tenant Law: The Essential Guide

Overview

France has one of the most structured tenancy frameworks in Europe. Every private rental of a furnished or unfurnished apartment used as a primary residence is governed by the same core statute: the Loi n° 89-462 du 6 juillet 1989, commonly known as the Loi du 6 juillet 1989. This law sets out the rights and obligations of both landlords and tenants, establishes the minimum content of a lease, defines the conditions for ending a tenancy, and caps the security deposit. It has been amended several times, most significantly by the ALUR law in 2014, the ELAN law in 2018, and the Simplification law in 2025.

The Paris furnished rental market illustrates why these rules matter financially. According to Wunderflats internal data from June 2025 to May 2026, the average rent for a furnished apartment in Paris was 2,398 EUR per month, with a median of 1,995 EUR per month. The average tenancy duration was 3.6 months (median: 3.0 months). These figures reflect the dominant use case: professionals, expats, and international assignees arriving for fixed-term stays. Understanding the legal framework that governs these rentals is not an academic exercise. At these price levels, a misread notice period, an unlawfully withheld deposit, or a rent set above the legal cap represents significant financial exposure.

For expats and international tenants arriving in France, the legal landscape can feel unfamiliar. Common questions arise quickly: What type of lease applies to a furnished flat? How much notice do I need to give? Can my landlord raise the rent whenever they want? What happens if the deposit is not returned? This guide addresses all of those questions using official sources from Légifrance and Service-Public.fr, the French government's primary legal information portals.

Two broad points are worth holding in mind before reading further. First, French tenancy law strongly favours tenant protection. Landlords cannot terminate a lease without specific legal grounds, cannot enter the property without consent, and cannot charge deposits above the statutory cap. Second, the rules differ depending on contract type. A furnished apartment (meublé) and an unfurnished apartment (non-meublé) are governed by different provisions within the same law, and the practical differences in minimum term, deposit, and notice matter for every tenant and landlord in France.

The legal framework: a brief history

Four laws and one major decree define the modern French rental market. Together, they cover everything from the format of a lease to the mechanics of eviction, and each layer built on the last, responding to housing market pressures that had accumulated over decades.

The Loi n° 89-462 du 6 juillet 1989 was the first to create a unified framework for private residential rentals. Before it, the rules were fragmented and landlords held considerably more power. The 1989 law introduced mandatory written leases, set minimum notice periods, capped deposits, and gave tenants the right to renew their lease automatically at the end of each term. It also established the legal concept of logement décent as a condition of any valid rental agreement.

The ALUR law of 24 March 2014 made the biggest changes in a generation. It extended the 1989 law to cover furnished rentals as a category in their own right (Title 1bis), standardised the form of lease contracts for both types, and gave municipalities the power to introduce rent control in designated zones tendues. ALUR also tightened rules on agency fees, limiting them to specific services and capping the amounts tenants could be charged.

The ELAN law of 23 November 2018 then formalised the bail mobilité: a short-term furnished lease running from 1 to 10 months, non-renewable, designed for tenants in temporary situations such as internships, short-term work assignments, or vocational training. ELAN also reframed rent control as a permanent experimental mechanism rather than a temporary measure, making it easier for cities to apply and extend it.

Since 2021, a series of energy performance decrees has added an environmental dimension to French tenancy law. The DPE was reformed in July 2021 to make energy labels legally binding rather than informational. From 1 January 2025, properties rated G by the updated DPE cannot be rented under any new or renewed lease. Class F properties face the same ban from 2028 and class E from 2034. For a landlord with older stock, these changes represent a significant compliance obligation. For tenants, they mean that energy class is now a legally enforceable term of every lease.

Contract types: meublé, non-meublé, bail mobilité and bail pro

The distinction between a furnished (meublé) and an unfurnished (non-meublé) lease is one of the most consequential choices in the French rental market. Both types are governed by the Loi du 6 juillet 1989, but under different titles, and the practical differences in minimum term, deposit, and notice period affect almost everything in the tenancy. Two additional contract types, the bail mobilité and the bail professionnel, cover specific situations that fall outside the standard residential framework.

A meublé apartment must include a specific list of furniture and fittings set out in Decree n° 2015-981 of 31 July 2015: bed, bedding, curtains or shutters, cooker or hob, refrigerator with freezer compartment, crockery and utensils, table, seating, storage, lighting, and cleaning equipment. If a property is described as furnished but lacks items from this list, a court can reclassify it as non-meublé. The more tenant-protective non-meublé rules then apply retrospectively.

The bail professionnel (professional lease) sits outside the Loi du 6 juillet 1989 entirely. It covers furnished or unfurnished properties rented exclusively by liberal professionals (médecins, avocats, architectes, and similar regulated professions) for their professional activity. The minimum term is 6 years with 6 months' notice to terminate at the end of any term. There is no statutory deposit cap. This lease type is relevant to international professionals setting up practice in France and is occasionally confused with a standard residential meublé by tenants who are not aware of the distinction.

"If a property is described as furnished but lacks items from the legally required list, a court can reclassify it as non-meublé. The more tenant-protective rules then apply retrospectively."

Tenant rights

French tenancy law is built around a core principle: the tenant's home is their protected space, and the landlord is a service provider, not a controller of that space. Article 6 of the Loi du 6 juillet 1989 establishes this clearly. The landlord has an obligation to deliver the property in good condition, maintain it throughout the tenancy, and allow the tenant to live in it without interference. These are not aspirational standards. They are enforceable legal obligations.

The right to a logement décent is the most fundamental tenant protection in French law. Decree n° 2002-120 of 30 January 2002 defines what makes a property habitable: a minimum floor area of 9 m² with a ceiling of at least 2.2 m, a window providing daylight and ventilation, a bathroom with a toilet, heating, running water, proper drainage, and working electrical installations. The property must not expose the occupant to risks affecting their health or safety. A landlord who rents out a property that does not meet these standards is in breach of the law, regardless of what the lease says.

Core tenant rights under French law:

• Right to peaceful enjoyment (jouissance paisible): the landlord cannot disturb the tenant's use of the property.
• Right to privacy: the landlord cannot enter the property without the tenant's consent. Prior notice (in practice, at least 24 hours) is required for inspections or maintenance visits.
• Right to a habitable property: the landlord must deliver the property in a good state and keep it in good repair throughout the tenancy.
• Right to security of tenure: the landlord cannot terminate the lease except at the end of a term and only on the three grounds prescribed by law (sale, repossession for personal use, or legitimate and serious reason).
• Right to maintenance and repairs: the landlord is responsible for all major repairs (gros travaux). Minor everyday maintenance falls to the tenant, but French law defines this category narrowly under Decree n° 87-712 of 26 August 1987.
• Right to sublet (with consent): a tenant may sublet all or part of the property, provided the landlord gives written authorisation and the subletting rent does not exceed the rent the tenant pays.
• Right to challenge unlawful rent increases: in rent-controlled zones, a tenant can challenge a rent set above the loyer de référence majoré before the Commission Départementale de Conciliation.
• Trêve hivernale (winter protection): from 1 November to 31 March each year, eviction orders cannot be enforced. This applies even where a court judgment already exists.
• Right to a deposit return with penalty for late payment: if the landlord delays returning the deposit beyond the legal deadline, an automatic penalty of 10% of monthly rent per month of delay applies.

Anti-discrimination rules apply explicitly to the French rental market. The Défenseur des droits, in its 2024 annual report on discrimination, confirmed that origin, name, address, disability, and family situation remain the most common grounds for unlawful refusal of rental applications. Refusing a candidate on any of these grounds is a criminal offence under Article 225-1 of the French Penal Code. Tenants who believe they have been discriminated against can file a complaint directly with the Défenseur des droits at defenseurdesdroits.fr free of charge.

One area that catches many expats by surprise is the landlord's right of access during viewings. When a landlord has given notice to end a tenancy (for sale or repossession), French law allows them to show the property to prospective buyers or new tenants during the notice period, for up to two hours per working day. However, the timing must be agreed with the existing tenant. Landlords cannot impose access at any time of day.

Landlord obligations

French law imposes substantial obligations on landlords alongside their rights. The 1989 statute frames the landlord's role as an active one: not simply delivering a property at the start of a lease and collecting rent, but maintaining the property throughout the tenancy and responding to the tenant's legitimate needs. A landlord who fails to carry out necessary repairs, or who delivers a property that does not meet the logement décent standard, is in breach of contract and faces potential legal action.

The obligation to provide decent housing runs the full length of the tenancy. Major structural repairs, roof maintenance, heating system replacements, and electrical rewiring are the landlord's responsibility. The tenant is responsible only for day-to-day maintenance and minor repairs as defined in Decree n° 87-712 of 26 August 1987. That decree lists specific items: changing light bulbs, unblocking sinks, maintaining gardens, keeping the property clean. Anything beyond those minor tasks belongs to the landlord.

A landlord's right to increase rent during a tenancy is tightly controlled. The IRL (Indice de Référence des Loyers), published quarterly by INSEE, is the only index a landlord may use. If the lease contains a rent revision clause (clause de révision annuelle), the landlord can apply for a once-yearly increase on the anniversary date specified in the lease. Without that clause, the rent is fixed for the duration of the tenancy.

Landlords have three lawful grounds to end a lease. They may give notice to sell the property (congé pour vendre), in which case the tenant has a right of first refusal and must receive 6 months' notice for unfurnished leases. They may repossess the property for their own or a family member's primary residence (congé pour reprise), again requiring 6 months' notice. Or they may give notice on legitimate and serious grounds (motif légitime et sérieux), such as persistent non-payment of rent or serious damage to the property.

In all cases, notice from the landlord must be given at the end of the lease term, not mid-tenancy. A landlord who gives notice on false grounds, for example by claiming personal use but re-letting the property commercially within a year, can face significant civil and criminal penalties. Notice periods for furnished leases are shorter: 3 months in each of the three cases above.

Rent control and zone tendue

France operates a rent control system called the encadrement des loyers. It limits what landlords can charge on new or renewed leases for primary residences in designated high-demand areas. The system does not set a fixed price for every property. It establishes a reference range specific to each property type and neighbourhood, and caps the landlord's asking rent at the upper end of that range.

As of mid-2026, the encadrement des loyers applies in approximately 70 communes, following the extension of the mechanism to overseas territories in June 2025. In mainland France, the areas subject to rent control include: Paris and close suburbs in Seine-Saint-Denis, Lyon and Villeurbanne, Lille and the Lille metropolitan area, Bordeaux, Montpellier, Grenoble, Biarritz, and Bayonne. The list has grown steadily since Paris became the first city to reintroduce the mechanism in July 2019, following its reinstatement by the ELAN law. The measure was most recently extended until November 2026, with further extension under active legislative debate as of June 2025.

How the encadrement des loyers works in practice:

Each year, the local prefect issues a decree setting three reference rent values for each combination of property type, construction period, and zone within the regulated area:

• Loyer de référence: the median rent for that property profile, based on data from the local rental observatory (OLAP in Paris).
• Loyer de référence majoré: the loyer de référence plus 20%. This is the maximum a landlord can charge for a new or renewed lease, except where a justified rental supplement (complément de loyer) applies.
• Loyer de référence minoré: the loyer de référence minus 30%. This floor value governs what a landlord can ask during a lease renewal if the existing rent is already below market.

A landlord can exceed the loyer de référence majoré only by declaring a complément de loyer: a justified additional charge for exceptional characteristics of the property, such as a private terrace, exceptional views, or a high-end fitted kitchen. The complement must be stated in the lease. The tenant has the right to challenge it before the Commission Départementale de Conciliation within 3 months of signing. Research by the Atelier Parisien d'Urbanisme (APUR, 2025) found that rent control reduced rent levels by an average of 4.4% across five cities studied, compared to the trajectory that would have occurred without the measure over six years of implementation.

Energy performance: DPE rental ban timeline

France's energy performance roadmap for the rental sector is one of the most significant legal changes affecting both landlords and tenants in the 2020s. The DPE (Diagnostic de Performance Energétique), reformed in July 2021 to make its ratings legally binding, now determines whether a property can be rented at all. The ban on the worst-performing properties is being phased in over a decade, with the most polluting energy classes excluded first.

The key rule is this: a property that cannot be rented cannot have its lease renewed either. This means landlords with F, G, or eventually E-rated properties must either retrofit them or exit the rental market. For tenants in those properties, the practical consequence is significant: a landlord who does not carry out the required works faces an inability to renew the lease lawfully.

The DPE is not the only energy-related obligation in a French tenancy. Since 1 January 2024, every lease must state the property's energy class on the first page. The energy class must also appear in any advertisement for the property, including online listings. A DPE carried out before 1 July 2021 is no longer valid and cannot be used. Landlords must commission a new DPE using the reformed 2021 methodology.

Security deposits

The French security deposit (dépôt de garantie) is tightly regulated. The Loi du 6 juillet 1989 sets both the maximum amount and the rules governing its return, making it one of the clearest tenant protections in French housing law. The rules differ depending on contract type, and understanding them can prevent disputes at the end of a tenancy.

For unfurnished (non-meublé) rentals, the deposit cannot exceed 1 month's rent excluding charges (loyer hors charges). For furnished (meublé) rentals, the limit is 2 months' rent excluding charges. For bail mobilité contracts, no deposit is permitted at all: this is explicitly prohibited by Article 25-17 of the Loi du 6 juillet 1989. These limits cannot be exceeded even by agreement between the parties. A clause in a lease setting a higher deposit is legally void (Source: Service-Public.fr, verified 10 March 2026).

The return deadline is measured from the day the tenant hands back the keys, either in person or by registered post. If the exit inventory matches the entry inventory (no damage beyond normal wear and tear), the landlord has 1 month to return the deposit. If the inventories diverge, the landlord has 2 months, during which they can make deductions for unpaid rent, service charges, or documented repair costs. Every deduction must be supported by documentary evidence: invoices, quotes, photographs, or an assessment by a commissioner of justice.

Late return carries an automatic penalty. For each month of delay beyond the statutory deadline, the landlord owes the tenant an additional amount equal to 10% of the monthly rent excluding charges. This penalty accrues from the first day after the deadline and applies automatically. The tenant does not need to prove loss. The one exception: if the tenant failed to provide a forwarding address when handing back the keys, the penalty does not apply.

French law does not require the deposit to be held in a separate escrow account or to earn interest while held. This differs from some other European countries and occasionally surprises international tenants. The deposit simply sits with the landlord. This is precisely why the statutory return rules and penalty provisions matter so much in practice.

Notice periods

Notice rules in France protect both parties, but in different ways. Tenants have broad flexibility to leave, particularly in furnished rentals. Landlords face strict restrictions: they can only give notice at the end of a lease term, on specific grounds, with minimum notice periods that vary by contract type and reason.

For tenants, the core rule is simple. A furnished rental requires 1 month's notice at any time during the lease. An unfurnished rental requires 3 months' notice, except in circumstances that reduce it to 1 month: living in a zone tendue (a high-demand area designated by ministerial order), involuntary job loss, moving for a new job or job transfer, receiving the RSA (minimum income support) or AAH (disability allowance), or a health condition requiring a change of accommodation.

Notice must always be given in writing. Acceptable forms are: a registered letter with acknowledgement of receipt (lettre recommandée avec avis de réception), hand delivery with a signed and dated receipt, or service by a commissioner of justice. The notice period begins on the day the tenant receives the letter, not the day it was sent. Sending notice by registered post is strongly recommended, as it creates a legal record of both the date sent and the date received.

Tenants remain liable for rent throughout the notice period, unless the landlord signs a new lease with another tenant who takes occupation before the notice period expires. In that case, rent obligations cease on the date the new tenant moves in. This rule incentivises landlords to re-let quickly and gives departing tenants a practical route to end their financial obligations early.

Mandatory documents

French law requires a specific set of documents to be provided and signed at the time a lease is concluded. These requirements serve two purposes: they protect tenants by ensuring full disclosure of the property's condition and any risks, and they protect landlords by creating a clear legal record of the state of the property at the start of the tenancy. Missing or defective documents can have serious legal consequences for both parties.

The bail écrit (written lease)

A written lease is mandatory for all residential rentals under the Loi du 6 juillet 1989. Oral agreements are not sufficient. Since ALUR (2014), the lease must follow a standardised format set by decree, covering: the identities of the parties, the property description, the start date, the duration, the rent and charges, the security deposit amount, the notice conditions, and the landlord's fiscal identifier (a 13-digit code added as a requirement from 1 January 2024). Each party must receive a copy.

The état des lieux

The état des lieux is a detailed room-by-room inspection report describing the condition of the property at the start of the tenancy (état des lieux d'entrée) and at the end (état des lieux de sortie). Both must be documented with the same level of detail: walls, floors, ceilings, fixtures, furniture (for furnished leases), and any existing damage. If the two inventories do not match, the landlord can make deductions from the deposit. If no entry inventory was completed because the landlord refused to conduct one, the burden of proof shifts to the landlord entirely. Since ALUR, fully digital état des lieux are accepted under the 2025 Simplification law, provided both parties sign electronically.

The dossier de diagnostic technique (DDT)

The landlord must attach a file of technical diagnostic reports to the lease at signing. The documents required depend on the age and location of the property:

• Diagnostic de Performance Energétique (DPE): mandatory for all properties. Shows the energy efficiency class (A through G). Since 1 January 2025, properties rated G cannot be let under any new or renewed lease. Must be based on the 2021-reformed calculation method.
• Constat de Risque d'Exposition au Plomb (CREP): required for properties built before 1 January 1949. Identifies lead-containing paint.
• État de l'installation intérieure de gaz: required if the gas installation is more than 15 years old.
• État de l'installation intérieure d'électricité: required if the electrical installation is more than 15 years old.
• État des risques: covers natural, mining, technological, seismic, and radon risks. Required in all designated risk zones.
• État relatif à la présence de termites: required in designated termite zones.

Since 1 January 2024, the lease must also state the energy class of the property and include the property's fiscal identifier. These additions were introduced as part of the Loi Climat et Résilience energy performance roadmap. The DDT must be annexed to the lease at signing and provided again at each renewal.

Dispute resolution

Most rental disputes in France can be resolved without going to court, and the law encourages this. Two free, accessible mechanisms exist before any formal legal proceedings: the Commission Départementale de Conciliation (CDC) and the conciliateur de justice. Using either is not just sensible: for claims below 5,000 EUR, attempting conciliation first is a legal prerequisite.

The CDC is a joint body, made up of equal numbers of representatives from landlord associations and tenant associations, operating in each department. It is available to both tenants and landlords, free of charge, for disputes covering deposit returns, rent levels and increases, service charges, the condition of the property, and compliance with the logement décent standard. Either party can file a complaint. Both are then summoned by simple letter, with at least 15 days' notice, to appear in person.

If they reach an agreement, the CDC draws up a signed conciliation document that is legally binding on both parties. If conciliation fails, the CDC issues a notice of failed conciliation. Either party can then proceed to the Tribunal judiciaire, specifically before the juge des contentieux de la protection, at the court serving the area where the property is located. Claims must be filed within 3 years of the date the deposit should have been returned.

FAQs about French landlord-tenant law

Sources

• Loi n° 89-462 du 6 juillet 1989 tendant à améliorer les rapports locatifs (Légifrance, full statutory text)
• Security deposit in a residential lease (Service-Public.fr, verified 10 March 2026)
• Notice and formalities of the leave given by the tenant (Service-Public.fr, updated 16 April 2026)
• Mobility lease (bail mobilité), Service-Public.fr
• Commission Départementale de Conciliation (CDC), Service-Public.fr
• Indice de référence des loyers (IRL), Service-Public.fr
• Decent rental accommodation (logement décent), Service-Public.fr
• Diagnostics obligatoires pour la location, Service-Public.fr
• Encadrement des loyers (Ministère de la Transition écologique)
• IRL: Indice de référence des loyers, série 001515333 (INSEE, Q1 2026 value published 16 April 2026)
• Loi n° 89-462, Article 25-17: Bail mobilité, security deposit prohibited (Légifrance)
• ADIL: Agence Nationale pour l'Information sur le Logement (ANIL). Find your local ADIL.
• Défenseur des droits: Annual report on discrimination 2024 (housing discrimination data)
• Trêve hivernale: éviction enforcement suspension, Service-Public.fr
• APUR (Atelier Parisien d'Urbanisme): research on the impact of rent control in Paris, 2025
• Wunderflats internal data, Jun 2025-May 2026.