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Key takeaways
- The CERFA model lease templates (bail nu: CERFA 15734, bail meublé: CERFA 15733) are mandatory for private landlords. Custom-format contracts are permitted only if they include all mandatory clauses.
- Mandatory clauses include: names of parties, property description, surface habitable, rent and charges, deposit amount, lease duration, and notice periods.
- Forbidden clauses (clauses abusives) include: requiring a tenant to use a specific insurance provider; automatic rent indexation without IRL reference; penalties exceeding legal limits; requiring post-dated cheques.
- The DDT (Dossier de Diagnostic Technique) must be physically attached to the lease at signing. Its absence can give the tenant grounds to contest the contract.
- Both parties must sign every page. Electronic signature via DocuSign, Yousign, or equivalent is legally valid for French residential leases.
- For bail mobilité, no deposit of any kind is permitted, including a bank guarantee or surety deposit.
The legal framework
French residential leases are heavily regulated by the Loi du 6 juillet 1989 (Loi Mermaz) and its subsequent amendments, principally Loi ALUR (2014) and Loi ELAN (2018). The law prescribes mandatory clauses, forbids certain clauses, and requires specific documents to be attached at signing.
A lease that omits a mandatory clause or includes a forbidden clause is not automatically void. However, the illegal clause can be struck out by a court. In some cases, the tenant can demand corrections or claim damages. Understanding the rules before you draft is the only reliable way to avoid those outcomes.
Step 1: Choose the correct lease type
Decide which lease type applies before drafting. The lease type determines the mandatory duration, notice periods, and rules around deposits.
| Lease type | When to use | Duration | Key feature |
|---|---|---|---|
| Bail nu | Unfurnished property, long-term | 3 years minimum | Maximum tenant protection |
| Bail meublé | Furnished property, principal residence | 1 year minimum | 1-month tenant notice |
| Bail étudiant | Furnished property, student tenant | 9 months fixed | No tacit renewal |
| Bail mobilité | Furnished, mobile professional or student | 1 to 10 months | No deposit permitted |
Tip: Check the meublé furniture list before choosing bail meublé
If you are unsure whether your property qualifies as meublé, check it against the mandatory furniture list in Décret n° 2015-1437. Missing even one item from the list means the property cannot legally be let under a bail meublé. If it is, the tenant can ask a court to reclassify it as a bail nu.
Step 2: Use the CERFA model lease
The French government provides official model lease templates that private landlords must use, or must comply with if using a custom format:
- Bail nu: CERFA 15734-02
- Bail meublé: CERFA 15733-02
Both templates are available free at service-public.fr. They include all mandatory clause fields and provide guidance notes. Completing the template correctly is much safer than drafting from scratch.
Using a pre-populated template from an agent or legal service?
Some estate agents and legal services offer pre-populated lease templates. These are acceptable if they include all CERFA-required clauses. Always check a pre-populated template against the CERFA to ensure nothing mandatory has been removed.
Step 3: Mandatory clauses
A valid French residential lease must include all of the following. Check each item before sending the draft to your tenant.
- Full names and addresses of the landlord and tenant(s).
- If the landlord is represented by an agent: the agent's name, address, and professional card number.
- Complete description of the property: address, type (house or apartment), floor, number of main rooms, and equipment and fixtures included.
- Surface habitable in m², mandatory since Loi Boutin 2009. The figure must be accurate to within 5%.
- Description of any private outbuildings, such as a cave, parking space, or garden.
- Lease start date and duration.
- Rent amount in figures and in words, due date, payment method, and whether rent encadrement applies if the property is in an encadrement zone.
- Charges: amount, method of calculation (forfait or provision sur charges with regularisation), and what they cover.
- Deposit amount, or a statement that no deposit applies (bail mobilité).
- If applicable: name and address of guarantor(s) and the terms of the guarantee (acte de cautionnement).
- Notice periods applicable to the lease type.
- A statement confirming the tenant has received the DDT.
- For bail mobilité only: the professional or educational reason justifying the use of that lease type.
Step 4: Forbidden clauses
The following clauses are void under French law even if included in the lease (Article 4 of the Loi du 6 juillet 1989). Do not include them.
- Requiring the tenant to use a specific insurance provider nominated by the landlord.
- Requiring the tenant to pay rent by automatic direct debit (prélèvement automatique). The tenant must have the choice of payment method.
- Charging a penalty that exceeds 1/12 of the annual rent for failure to pay rent on time, beyond the legal rate.
- Requiring post-dated cheques (chèques de caution en blanc).
- Automatically terminating the lease if the tenant receives a visitor or guest.
- Prohibiting the tenant from keeping a pet. Restrictions on dangerous breeds or pet rules set out in a règlement de copropriété may be enforceable, but a blanket prohibition is void.
- Requiring the tenant to pay for wear-and-tear repairs that are legally the landlord's responsibility.
- Any clause that restricts the tenant's right to associate with trade unions or tenant organisations.
Including abusive clauses carries real risk
A court can strike out a forbidden clause without voiding the rest of the lease. However, including multiple abusive clauses may expose the landlord to a claim under consumer protection law and damage the landlord-tenant relationship before it begins.
Step 5: Compile the DDT and attachments
The following must be attached to the lease at signing. Missing documents can give the tenant grounds to contest the agreement.
- Complete DDT (Dossier de Diagnostic Technique): includes the DPE (energy performance certificate), CREP (lead paint report), état amiante (asbestos report), ERP (natural and technological risk exposure), and all other applicable certificates.
- Notice d'information: an official information notice for the tenant explaining their rights. Mandatory since 2015 and available from service-public.fr.
- État des lieux d'entrée: can be produced at signing or on the day of move-in. It must be attached to the lease.
- Règlement de copropriété extracts: if the property is in a co-owned building, relevant sections affecting the tenant must be provided.
- Acte de cautionnement: if there is a guarantor, this is a separate document signed by the guarantor. It is not part of the lease itself.
Check certificate validity dates before signing
Attaching an out-of-date DPE or ERP can expose the landlord to a claim for damages. Verify the validity of all certificates before the signing date.
Step 6: Signing the lease
Both parties (and any guarantors) must sign every page of the lease and all attachments. This applies whether signing on paper or electronically.
Electronic signature is legally valid under French law (Loi pour la Confiance dans l'Économie Numérique, 2004) and is increasingly common for residential leases. Platforms such as Yousign or DocuSign provide a full audit trail, which can be useful if a dispute arises later.
Keep at least two originals: one for the landlord and one for the tenant. Both originals must include all attachments.
For bail mobilité: obtain a copy of the document justifying the tenant's eligible reason (for example, a professional assignment letter or student enrolment certificate) before or at signing. Without this, the bail mobilité classification may be challenged.
Frequently asked questions
Sources
- legifrance.gouv.fr: Loi n° 89-462 du 6 juillet 1989, Art. 3 (mandatory clauses) and Art. 4 (forbidden clauses)
- service-public.fr: CERFA 15734-02 (bail nu) and CERFA 15733-02 (bail meublé) official model lease templates
- legifrance.gouv.fr: Décret n° 2015-1437 du 5 novembre 2015 (mandatory furniture list for bail meublé)
- anil.org: Guide pratique bailleur (landlord guidance on lease preparation and obligations)
- service-public.fr: Bail mobilité (eligibility, duration, deposit rules, and required documentation)