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ℹ Info: This article is for informational purposes only and does not constitute legal advice. French tenancy law changes regularly and its application depends on your specific situation. For personalised advice, consult a qualified solicitor (avocat spécialisé en droit immobilier) or contact a local ADIL (Agence Départementale d'Information sur le Logement), which provides free, impartial advice to tenants and landlords.
French tenancy law offers some of the strongest tenant protections in Europe. The Loi du 6 juillet 1989, amended significantly by the Loi ALUR (2014), the Loi ELAN (2018), and the Loi Climat et Résilience (2021), creates a comprehensive framework covering housing standards, rent controls, eviction procedures, deposit limits, and specific protections for vulnerable tenants. Whether you are renting furnished or unfurnished accommodation, under a standard lease, or a bail mobilité, this guide explains what the law guarantees you.
Key takeaways
- The Loi du 6 juillet 1989 is the foundation of French tenant rights: it applies to almost all private residential leases.
- Your home must meet minimum decent housing standards (logement décent). Since 2025, G-rated DPE properties cannot be rented on new contracts.
- In zones tendues, rent is capped at the reference rent ±20%. Annual increases are limited to the IRL index published by INSEE.
- A landlord can only end your tenancy on three grounds: reprise (personal use), sale of the property, or serious and repeated breach. Standard notice is 6 months (unfurnished) or 3 months (furnished).
- The trĂŞve hivernale bans all evictions between 1 November and 31 March, even with a court order.
- Deposit maximum: 1 month (unfurnished), 2 months (furnished), 0 for bail mobilité. Late return triggers a 10% monthly penalty.
- Elderly tenants (65+) and tenants with disabilities have enhanced protection against eviction.
- Most tenants can apply to CAF for housing benefit (APL or ALS) within the first month of their tenancy.
Overview: the legal framework
The Loi du 6 juillet 1989 tendant à améliorer les rapports locatifs is the primary statute governing private residential tenancies in France. It sets out the obligations of both landlords and tenants, defines the conditions under which a lease can be ended, and specifies what cannot be contractually overridden to the detriment of the tenant. A lease clause that contradicts the law is void.
Since 1989, the framework has been substantially amended several times. The Loi ALUR (2014) introduced rent control in zones tendues and strengthened eviction protections. The Loi ELAN (2018) created the bail mobilité — a short-term furnished lease of 1 to 10 months for tenants on training, study, or professional assignment. The Loi Climat et Résilience (2021) added energy performance requirements that progressively exclude the least efficient properties from the rental market.
Two further layers of regulation apply: the décret du 30 janvier 2002 (logement décent standards) and the décret annuel sur les zones tendues, which designates the municipalities where rent controls apply. Paris, Lyon, Bordeaux, Montpellier, and other large cities are currently in zones tendues. The full list is updated by government decree.
ℹ Info: The law distinguishes between unfurnished leases (bail d'habitation vide, standard 3-year term), furnished leases (bail meublé, standard 1-year term), and the bail mobilité (1 to 10 months, no renewal). Some rights differ between these types. This guide notes where distinctions apply.
Right to decent housing (logement décent)
Article 6 of the Loi du 6 juillet 1989 requires that a landlord can only let a property that qualifies as a logement décent — a decent dwelling. The minimum criteria are defined by the décret du 30 janvier 2002. Failure to meet them gives the tenant the right to demand that the landlord carry out the necessary works, and — if the landlord refuses — to seek a court order or rent reduction.
| Criterion | Minimum standard |
|---|---|
| Surface area | At least 9 m² of living space and a ceiling height of at least 2.20 m |
| Structure and safety | No health or safety hazards; walls, roof, and windows in good repair |
| Heating | Working heating installation capable of maintaining a minimum temperature |
| Hot water | Adequate hot water supply in kitchen and bathroom |
| Natural light | At least one window providing natural light in the main living space |
| Ventilation | Adequate ventilation to prevent condensation and damp |
| Pest and vermin free | No infestation by insects, rodents, or other vermin at the start of tenancy |
| Energy performance (DPE) | Since 2025, properties rated G on the DPE (Diagnostic de Performance Energétique) cannot be let on new contracts. F-rated properties will follow from 2028. |
If you believe your property does not meet these standards, write to your landlord formally (lettre recommandée avec accusé de réception) describing the deficiencies and requesting remedial works. If they do not act within a reasonable period, you can file a complaint with the Commission Départementale de Conciliation (CDC) or bring proceedings before the Tribunal judiciaire. In serious cases involving risk to health or safety, the préfet or mairie can issue an arrêté de péril or an arrêté d'insalubrité, compelling the landlord to act or face the property being condemned.
âš Warning: The DPE energy rating ban is cumulative and tightening. G-rated properties are already banned from new lettings (2025). F-rated properties follow in 2028 and E-rated in 2034. If you are renting a property with a poor DPE rating, check whether your landlord has a valid exemption. If a banned property is let to you on a new contract, the contract is not automatically void, but you have grounds to demand works and to contest rent increases until compliance is achieved.
Right to peaceful enjoyment
Article 6 of the Loi du 6 juillet 1989 also obligates the landlord to ensure peaceful enjoyment (jouissance paisible) of the property throughout the tenancy. This is the French equivalent of the duty to provide quiet enjoyment found in many other legal systems. It has two dimensions: the landlord must not disturb you themselves, and they must take reasonable steps to protect you from disturbances caused by other tenants in the building (where the landlord is also the building owner).
No unannounced visits
A landlord has no right to enter your home without your consent. There is no statutory right of inspection in French law comparable to some other jurisdictions. The standard practice, and the minimum that courts expect, is 24 to 48 hours' advance notice before any visit. The tenant must give explicit consent for each visit.
An unannounced entry by a landlord, or entry using a spare key while you are absent and without your agreement, can constitute violation de domicile under Article 226-4 of the Code Pénal. This is a criminal offence carrying up to 1 year's imprisonment and a 15,000 EUR fine. You can report it to the police. You should also send the landlord a formal written complaint (lettre recommandée) and note the incident in a journal with dates and details.
đź’ˇ Tip: If your landlord requests access for a legitimate purpose (repairs, a viewing for a prospective buyer), agree it in writing and state the date, time, and purpose. Keep a copy. This protects you if there is ever a dispute about what was agreed, and it protects the landlord from any accusation of unauthorised entry.
Rent control rights
French rent control operates at two levels: an initial rent cap at the start of the lease (in zones tendues) and an annual increase cap tied to the IRL index that applies throughout France.
Zones tendues and the encadrement des loyers
In municipalities designated as zones tendues (tense market areas), the initial rent set at the start of a new tenancy must not exceed the reference rent (loyer de référence) for comparable properties in the area by more than 20%. It also cannot fall below the reference rent minus 30% (the lower bound applies to prevent the distortion of very low rents that are then raised sharply on renewal).
The reference rents are published annually by local observatories (observatoires des loyers) and vary by arrondissement, type of property, and number of rooms. Paris has operated its own encadrement des loyers since 2019, with fines of up to 5,000 EUR (individual landlord) or 15,000 EUR (corporate landlord) for breaches. Bordeaux, Lyon, Montpellier, and Lille have since implemented similar schemes.
ℹ Info: A landlord may charge a "rent supplement" (complément de loyer) above the reference ceiling only if the property has exceptional and specific characteristics not reflected in the reference rent calculation: for example, a large private terrace, a panoramic view, or exceptional fittings. The supplement must be justified in writing in the lease. You can challenge an unjustified supplement before the CDC within 3 months of signing the lease.
Annual increases: the IRL index
Once a lease is signed, the landlord can only increase rent annually and only if the lease contains an indexation clause. The maximum increase is the percentage change in the IRL (Indice de Référence des Loyers) published each quarter by INSEE. The applicable quarter is specified in the lease (usually the quarter in which the lease was signed).
A landlord who fails to apply an IRL increase in the correct year loses the right to apply it retroactively — they can only start from the current year. A landlord who demands an increase above the IRL is acting unlawfully. You can refuse to pay the excess and contest the demand before the CDC or the Tribunal judiciaire.
| Rent increase scenario | Permitted? | Notes |
|---|---|---|
| Annual IRL increase (with indexation clause) | Yes | Limited to the IRL percentage change. Landlord must notify tenant before applying. |
| Increase above IRL mid-lease | No | Unlawful. Tenant can contest before CDC or Tribunal judiciaire. |
| Increase at lease renewal (zone tendue) | Limited | If rent is below reference rent, landlord can propose an increase to the reference level. Tenant can accept or contest. |
| Increase following significant works | Yes, subject to conditions | Landlord may propose an increase if they have completed improvement works costing at least 50% of the annual rent. Terms must be agreed in a written rider (avenant) before works begin. |
Protection against eviction
French law treats eviction as a last resort. A landlord cannot end a tenancy simply because they want the property back or because they prefer a different tenant. The grounds are strictly defined and the procedure is heavily regulated.
Three permitted grounds for termination
A landlord can only serve a notice to terminate (congé) at the end of the lease term, and only on one of these three grounds.
- Reprise (personal use): The landlord or a close family member (spouse, civil partner, ascendant, descendant, or those of the spouse) wishes to occupy the property as their principal residence. The notice must name the beneficiary and explain their situation. The landlord cannot use this ground pretextually — a false reprise is a criminal offence under Article 15 of the Loi du 6 juillet 1989, carrying a penalty of up to 6,000 EUR.
- Vente (sale): The landlord wishes to sell the property. For an unfurnished lease, the tenant has a right of first refusal (droit de préemption) and can purchase the property at the price offered to third parties. The notice to terminate serves simultaneously as the offer to sell.
- Motif légitime et sérieux (serious and legitimate ground): This covers serious and repeated breaches by the tenant, most commonly persistent non-payment of rent, repeated late payment, or serious disturbance to neighbours. A single incident of late payment is not sufficient. The landlord must demonstrate a pattern of behaviour that fundamentally breaches the lease obligations.
Notice periods
| Lease type | Notice period (landlord) | Notice period (tenant) |
|---|---|---|
| Unfurnished (bail vide) | 6 months before lease end | 3 months (1 month in zone tendue or on medical/economic hardship grounds) |
| Furnished (bail meublé) | 3 months before lease end | 1 month |
| Bail mobilité | Cannot end early (fixed term) | 1 month |
The trĂŞve hivernale (winter truce)
France prohibits all residential evictions between 1 November and 31 March each year — the trêve hivernale. This applies even where a court has already issued an eviction order. During this period, the prefect's office (préfecture) will not authorise the use of police to enforce evictions. The ban applies to all residential tenants in France, regardless of the lease type, the reason for eviction, or the extent of rent arrears.
The only statutory exception is where a court finds a risk of violence or serious danger to persons on the property. Standard rent arrears, however large, do not qualify for an exemption. This protection cannot be waived by contract.
⚠Warning: The trêve hivernale protects you from physical removal, but it does not stop court proceedings from continuing during winter. A landlord can still commence or pursue eviction proceedings before the Tribunal judiciaire during November to March. The order can be obtained but will only be enforceable from 1 April. Do not assume that winter protection means the legal process has paused — it has not.
Eviction of tenants with children during the school year
Even outside the winter truce period, French courts have discretion to suspend enforcement of an eviction order if children of school age are in the household and the eviction would fall during the school year, and no suitable alternative housing is available. This is not an absolute right, but it is a factor courts weigh seriously in their assessment.
Deposit rights
The rules on the security deposit (dépôt de garantie) are set out in Article 22 of the Loi du 6 juillet 1989. They are mandatory and cannot be contracted out of.
Maximum amounts
| Lease type | Maximum deposit |
|---|---|
| Unfurnished (bail vide) | 1 month's rent excluding charges (loyer hors charges) |
| Furnished (bail meublé) | 2 months' rent excluding charges |
| Bail mobilité | No deposit permitted (zero) |
A landlord who demands more than the legal maximum commits an offence. You can pay only the legal maximum and challenge any demand for the excess. If you have already paid more, you can reclaim the overpayment.
Return of the deposit
The landlord must return the deposit within 1 month of the keys being handed back if there is no dispute about the property's condition. If deductions are to be made, the deadline extends to 2 months. These deadlines run from the date the keys are physically returned — not from the end of the lease term.
Any deductions must be itemised in writing, with invoices or quotes as supporting evidence. The landlord cannot deduct for fair wear and tear (vétusté). A grid (grille de vétusté) is often agreed at the start of the tenancy or can be applied from a standard reference grid, which allocates a useful life to different finishes and fixtures.
⚠Warning: If the landlord returns the deposit late — beyond the 1 or 2 month deadline — they owe you a penalty of 10% of the monthly rent (hors charges) for each month of delay, or part thereof. This penalty is automatic. You do not have to prove loss. Send a formal demand by lettre recommandée stating the deadline passed and requesting the deposit plus the penalty. If there is no response, file a claim at the Tribunal judiciaire (contentieux de la protection — formerly the tribunal d'instance).
Right to CAF housing benefit (APL/ALS)
Most tenants in France can apply to the Caisse d'Allocations Familiales (CAF) for housing benefit. The main schemes are:
- APL (Aide Personnalisée au Logement): Available for tenants renting properties that have been financed with state assistance (convention APL). These are often social or semi-social housing units. The CAF pays a portion of the rent directly to the landlord, and the tenant pays the remainder.
- ALS (Allocation de Logement Sociale): Available for tenants who do not qualify for APL but meet income and household criteria — students, young workers, and others in private rental accommodation.
- ALF (Allocation de Logement Familiale): For tenants with dependent children or certain family situations who do not qualify for APL.
Eligibility is income-tested. Benefit is calculated on the basis of your net income from the previous year (or the previous 12 months under the contemporaneous income model that has replaced the prior-year model). The amount varies significantly by region, family situation, and rent level. Use the CAF simulation tool at caf.fr to estimate your entitlement before applying.
Apply within the first month of your tenancy. Benefit is not backdated before the date of application, so a delayed application means permanent loss of benefit for those months. Applications are made online via caf.fr. You will need your lease, proof of rent payment, identity documents, and income information.
For a bail mobilité, APL is not available. ALS may be available depending on the tenant's situation. For furnished leases (bail meublé) with a private landlord, ALS is often the applicable scheme.
Right to make minor modifications
Article 7 f) of the Loi du 6 juillet 1989 distinguishes between minor modifications and structural alterations. Tenants have the right to make minor modifications (aménagements) without seeking the landlord's permission. Structural alterations (transformation) require written consent from the landlord.
Minor modifications (no permission needed)
Examples include: repainting walls in a different colour, hanging pictures or shelves (with normal fixings), installing curtain rails, and other cosmetic changes that do not affect the structure or the building's installations. If the landlord has not specified requirements for the move-out, you do not have to restore these changes before leaving.
â„ą Info: If a lease clause states that the tenant must restore all modifications at the end of the tenancy, that clause is valid for minor modifications as well. Check your lease. If such a clause exists, you may be required to repaint in the original colour (or neutral white) on departure. Document the original condition with photographs at move-in.
Structural alterations (written permission required)
Structural alterations include: removing or constructing partition walls, modifying the electrical or plumbing installation, installing a new bathroom, or any work that changes the nature of the premises. If you carry out such works without the landlord's written agreement, the landlord can demand that you restore the property to its original state at your expense when you leave, or retain the improvements without compensation.
Right to sublet
Subletting in France requires the landlord's written consent. Article 8 of the Loi du 6 juillet 1989 is explicit: subletting without this consent is a breach of the lease and can give the landlord grounds for termination on motif légitime et sérieux. The landlord can refuse consent without providing a reason.
If the landlord agrees, two constraints apply. First, the subletting rent cannot exceed the rent paid by the main tenant for the same space — the subtenant's rent per square metre cannot be higher than the main tenant's. Second, the sublease must be in writing and a copy must be given to the landlord.
The subtenant has no direct legal relationship with the landlord: their rights derive entirely from the main tenant's lease. If the main tenant's lease ends, the sublease ends too, even if it was agreed for a longer period.
âš Warning: Short-term tourism subletting (for example via Airbnb) without consent is a particularly serious breach. In Paris and other large cities, the rules are even stricter: renting your primary residence on short-term platforms for more than 120 nights per year requires prior registration with the mairie, and commercial-use subletting of a primary residence without consent can result in fines of up to 10,000 EUR. Always get written consent before subletting.
Protections for vulnerable tenants
French law provides enhanced protections for two categories of vulnerable tenant: elderly tenants with limited income, and tenants with disabilities.
Elderly tenants aged 65 and over
Under Article 15 III of the Loi du 6 juillet 1989, if a landlord gives a tenant aged 65 or over — whose income is below the threshold set each year by reference to the plafond de ressources for access to social housing — a congé for reprise or for sale, the landlord must propose alternative accommodation that is suitable in terms of the tenant's needs, location, and financial means.
If the landlord does not propose suitable alternative accommodation, the congé is null and void. The tenancy continues. This protection cannot be waived by contract, and it applies even where the landlord has a legitimate ground for termination. It is designed to prevent elderly people with modest incomes from being made homeless by a lawful but economically harsh eviction.
The age and income thresholds are assessed at the date the congé is served. If you receive a congé and are aged 65 or over with limited income, check immediately whether the alternative accommodation obligation applies — and whether the accommodation proposed (if any) actually meets the legal standard of suitability.
Tenants with disabilities
The same obligation to propose suitable alternative accommodation applies to tenants who are under 65 but have a disability recognised under the Loi du 11 février 2005, and whose income is also below the social housing resource threshold. The accommodation offered must be adapted to their disability or adaptable at reasonable cost.
In addition, landlords of properties let to tenants with certain disabilities may be required to accept works for accessibility adaptation carried out at the tenant's expense, if those works do not affect the structure of the building and the tenant gives advance notice. The Loi ELAN (2018) introduced a procedure under which tenants can formally request permission for such works, and the landlord has 4 months to respond. Silence is treated as acceptance.
💡 Tip: If you receive a congé and believe you qualify for enhanced protection as an elderly or disabled tenant, do not wait. Contact your local ADIL (Agence Départementale d'Information sur le Logement) immediately. They can assess whether the protection applies, review the adequacy of any proposed alternative accommodation, and help you respond to the landlord within the required timelines.
FAQs about tenant rights in France
ℹ Reminder: This article is for informational purposes only. French tenancy law is regularly updated by new legislation and court decisions. For advice tailored to your specific situation, contact your local ADIL (Agence Départementale d'Information sur le Logement) — the service is free and impartial — or consult a qualified avocat spécialisé en droit immobilier.
Sources
- Loi n° 89-462 du 6 juillet 1989 tendant à améliorer les rapports locatifs, Légifrance
- Décret n° 2002-120 du 30 janvier 2002 relatif aux caractéristiques du logement décent, Légifrance
- Dépôt de garantie d'un logement privé: règles et remboursement, service-public.fr
- Les aides au logement (APL, ALS, ALF): présentation et simulation, caf.fr
- Les droits et obligations du locataire, ANIL (Agence Nationale pour l'Information sur le Logement)