Tenant Rights in France: A Complete Legal Guide

Overview: France's tenant protection framework

France offers some of the strongest statutory tenant protections in Europe. The central statute is the Loi n° 89-462 du 6 juillet 1989, which governs almost all private residential tenancies for a main residence. It sets out binding obligations for landlords, enforceable rights for tenants, and a framework for resolving disputes. The law has been amended many times: notably by the Loi ALUR of 2014 (which introduced rent caps in tight-market areas), the Loi ELAN of 2018 (which strengthened energy performance obligations), and most recently by the Loi n° 2025-1129 du 26 novembre 2025 on simplification of housing and planning law.

For English-speaking expats and international tenants in France, these protections are real and enforceable. But they work through French administrative and judicial institutions that may be unfamiliar: local advice agencies (ADIL), departmental conciliation commissions (CDC), a dedicated anti-discrimination authority (Défenseur des droits), and the tribunal judiciaire. Knowing which right applies to which situation, and which body to contact, is the practical challenge this guide addresses.

The financial stakes are significant. Wunderflats has active furnished listings across France's main zone tendue cities, including Paris, Lyon, Marseille, Toulouse, and Lille. Based on Wunderflats booking data for the period June 2025 to May 2026, the median furnished rent in Paris was 1,995 EUR per month. At that level, an unlawful complement de loyer, a delayed deposit return, or a rent increase applied without the IRL can quickly become a material financial issue for a tenant. These rights are not administrative technicalities: they translate directly into hundreds or thousands of euros over a typical tenancy.

This guide covers furnished and unfurnished rentals of a main residence. Commercial leases, seasonal holiday rentals, and student residences follow different rules and are outside its scope.

Right to a decent dwelling (logement décent)

Article 6 of the Loi du 6 juillet 1989 places a non-negotiable obligation on every landlord: to deliver a logement décent at the start of the tenancy and to maintain it as such throughout. What constitutes decent housing is defined in the Décret n° 2002-120 as most recently updated by the Décret n° 2023-796 du 18 août 2023, which tightened energy performance standards significantly.

A legally decent dwelling must meet five cumulative standards. First, it must present no manifest risk to the physical safety or health of occupants: dangerous staircases, unstable ceilings, persistent damp causing mould, or inadequate ventilation all fail this test. Second, it must be free from infestation by vermin or pests. Third, it must meet minimum space requirements: at least 9 square metres of floor space and 2.20 metres of ceiling height (or a total habitable volume of 20 cubic metres). Fourth, it must include basic equipment: a functioning heating system appropriate for the climate, running hot and cold water, and sanitation.

The fifth standard is the most consequential recent development. From 1 January 2025, a dwelling rated DPE class G on the energy performance scale can no longer legally be offered for rent in mainland France. Class G properties are sometimes called "passoires thermiques" (thermal sieves): they have the worst energy efficiency and highest heating costs. From 1 January 2028, the threshold tightens further to exclude class F properties. From 1 January 2034, class E properties will also fall outside the decent housing standard.

What to do if your dwelling falls below standard

Write to your landlord by registered post (lettre recommandée avec accusé de réception) listing each defect and the specific standard it breaches. Give a deadline, typically 30 days. If there is no satisfactory response, contact your ADIL for free advice. The Commission Départementale de Conciliation (CDC) can mediate. If that fails, the tribunal judiciaire (juge des contentieux de la protection) can order the landlord to carry out works and award compensation for the period during which the property was substandard. For serious health or safety issues, the préfet has emergency powers under the habitat indigne procedure to compel works directly.

Right to quiet enjoyment (jouissance paisible)

Jouissance paisible sits at the core of French tenancy law. Article 6 of the Loi du 6 juillet 1989 requires the landlord to guarantee the tenant's peaceful enjoyment of the dwelling and to protect against any defect or disturbance that would prevent or restrict that enjoyment. Article 1719 of the French Civil Code reinforces this: the landlord must maintain the tenant in peaceful possession for the full duration of the lease. These obligations are also backed by Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life and home.

In practice, jouissance paisible means that your landlord cannot harass or intimidate you, cannot cut off utilities (water, electricity, gas), cannot change the locks, remove belongings, or restrict access to the property. They cannot schedule excessive or intrusive visits without reasonable advance notice. And they cannot take any action whose evident purpose is to pressure you into leaving before your lease ends.

The obligation is not limited to direct acts. A landlord who owns a building and fails to act against a neighbour they know is making a tenant's life unbearable can also be found in breach. Where the disturbance comes from another tenant in the same building owned by the same landlord, the obligation to protect jouissance paisible extends to taking action against that other tenant.

Security of tenure and the trêve hivernale

One of the most fundamental protections in French law: a landlord cannot remove a tenant from their home without a court order. There is no exception for non-payment of rent, end of lease, or any other reason. The process leading to a legal eviction is long and governed by statute at every stage, with courts holding broad discretionary powers to grant tenants additional time.

To end a tenancy and recover possession, the landlord must first serve formal written notice (congé) on the tenant. For unfurnished rentals, notice must be given with at least three months' advance notice before the lease end date. For furnished main-residence rentals in zones tendues, the notice period is one month. A congé for non-renewal can only be issued on one of three grounds: personal recovery of the property for the landlord or a close family member, sale of the property, or a serious and legitimate reason (motif légitime et sérieux) such as persistent failure to pay rent.

If the tenant does not leave voluntarily, the landlord must bring proceedings before the tribunal judiciaire (juge des contentieux de la protection). The court verifies the validity of the notice, gives the tenant the opportunity to respond, and considers requests for payment plans or delays in execution. Only after a court order is issued, and after formal notice has been served by a commissaire de justice, can enforcement proceed. Self-help eviction, including changing locks, cutting utilities, or removing belongings, is a criminal offence under Article 226-4-2 of the French Penal Code, punishable by up to three years' imprisonment and 30,000 EUR.

The trêve hivernale: no evictions from 1 November to 31 March

Each year between 1 November and 31 March, no residential eviction can be physically carried out in France, even when a final and enforceable court order already exists. This is the trêve hivernale (winter truce), established under Loi n° 91-650 du 9 juillet 1991, Article 21, now codified in the Code des procédures civiles d'exécution. No commissaire de justice can execute an eviction order during this window, and no public force will assist a landlord in removing a tenant.

The ban is absolute for residential occupants and applies regardless of the ground for eviction. Criminal sanctions of up to three years' imprisonment and 30,000 EUR apply to any landlord who attempts to circumvent it. The trêve hivernale does not stop a landlord from issuing notice or continuing court proceedings, but any physical enforcement must wait until after 31 March.

Rent rights: encadrement, IRL index, and lawful increases

French law regulates rent at two distinct moments: at the point of signing (where rent caps may apply) and during a tenancy (where increases are limited to the IRL index). Both mechanisms exist independently, and both can directly affect the rent you pay.

Encadrement des loyers: rent caps in zones tendues

In areas classified as zones tendues (tight housing markets) under the Loi ALUR 2014 and Loi ELAN 2018, municipalities may activate an encadrement des loyers system that caps the rent a landlord can charge at the start of a new tenancy. Paris has operated this cap since 2019. Several other cities, including Lyon, Bordeaux, and Montpellier, have also activated it. Wunderflats has active furnished rental listings in all of France's main zone tendue cities, including Paris, Lyon, Marseille, Toulouse, and Lille.

Under the encadrement system, each property is assigned a reference rent (loyer de référence) based on its location, size, type, and construction period, published annually by the local rent observatory. The landlord may charge up to the loyer de référence majoré, which is 20% above the reference rent. A complement de loyer (surtaxe) above that ceiling is only permitted for properties with exceptional features not reflected in the reference rent. Furnished rentals carry higher reference rents than unfurnished ones, reflecting the additional fit-out cost.

Tenants have the right to challenge an excessive surtaxe within three months of signing the lease. The challenge is filed with the Commission Départementale de Conciliation (CDC). If mediation fails, the tribunal judiciaire can reduce the rent retroactively to the lawful ceiling and order reimbursement of the excess paid. The three-month window is strict: missing it forfeits the right for that lease term.

IRL rent index: how increases are capped during a tenancy

The IRL (Indice de Référence des Loyers) is the only legally permitted index for rent increases during an existing tenancy. Published quarterly by INSEE, it tracks a basket of consumer goods and services. Under Article 17-1 of the Loi du 6 juillet 1989, a rent revision clause is only valid if it references the IRL, and the permitted increase cannot exceed the percentage change in the IRL over the preceding twelve months.

The landlord must formally notify the tenant of the intended increase. The increase takes effect only from the date of notification, never retroactively. If the landlord misses the twelve-month anniversary of the lease without notifying an increase, the right to apply that year's increase is forfeited entirely. For the second quarter of 2025, the IRL stood at approximately 1.9%. On the median Paris furnished rent of 1,995 EUR per month observed in Wunderflats booking data, a 1.9% IRL increase represents around 38 EUR per month. On the average Paris furnished rent of 2,398 EUR per month, it equals roughly 45 EUR per month. Any proposed increase above the applicable IRL percentage is unlawful. You are entitled to reject it and pay only the lawful amount.

Deposit and état des lieux rights

The security deposit is one of the most frequent sources of tenant-landlord dispute in France, and the law on it is detailed and protective. Under Article 22 of the Loi du 6 juillet 1989, the deposit for an unfurnished rental is capped at one month's rent excluding charges. For a furnished rental, the cap is two months' rent excluding charges. The deposit cannot be increased at any point during the tenancy.

At the end of the tenancy, the landlord must return the deposit within one month if the move-out état des lieux shows the property is in the same condition as at move-in (accounting for normal wear and tear). If there are deductions, the deadline extends to two months from the date the tenant hands back the keys. Any deduction must be supported by an itemised list with documentary evidence: invoices for repairs, quotes, or photographs. A deduction for repainting an entire flat to cover a few scuff marks from normal living is not lawful.

If the landlord holds the deposit beyond the applicable deadline without justification, they owe the tenant interest at a statutory penalty rate: 10% of the monthly rent for each month or part-month of delay, under the ALUR law. This penalty applies automatically and must be claimed by the tenant if the landlord does not pay it voluntarily. You can seek it through the CDC mediation process or the tribunal judiciaire.

État des lieux: your rights at move-in and move-out

The état des lieux (schedule of condition) is the legal document that records the state of the property at the start and end of your tenancy. It is your primary protection against unjustified deposit deductions. You have the right to be present at both the move-in and move-out état des lieux, free of charge. You have the right to add your own written observations before signing either document. Take photographs on the day and keep them alongside your copy of the signed état des lieux.

If you and your landlord cannot agree on the content of an état des lieux, either party can request that a commissaire de justice (formerly known as a huissier de justice) carries out the document instead. The fee is regulated by decree and is split equally between landlord and tenant. A professionally executed état des lieux by a commissaire de justice is difficult to dispute in court and provides strong protection at both ends of the tenancy.

A landlord who refuses to carry out a move-in état des lieux loses the legal presumption that any damage at move-out was caused by the tenant. This is a significant shift in the burden of proof and strongly favours the tenant in any subsequent dispute.

Right to receive documents

Before you sign a lease in France, your landlord is legally required to provide a specific set of documents. Failing to provide them does not invalidate the lease, but it can give rise to legal action and may affect the landlord's ability to make certain claims against you at the end of the tenancy.

The état des lieux is the document that matters most financially. Without a properly completed move-in schedule, it becomes very difficult to contest deposit deductions at move-out. If your landlord rushes through it, slow the process down: add notes for every item of pre-existing damage before you sign. You can send supplementary observations by registered letter within ten days of move-in if you identify issues after the initial document is signed.

Right to personalise your home

Article 7 of the Loi du 6 juillet 1989 gives tenants the right to adapt their home within defined limits. The law distinguishes between aménagements (decorating and minor adaptations), which the tenant may make freely, and transformations (structural alterations), which require the landlord's prior written consent.

Decoration is firmly within the tenant's domain. Repainting walls (in colours of your choice), hanging pictures, replacing worn floor coverings, and installing removable shelving are all permitted without the landlord's permission. French courts generally interpret this category broadly in the tenant's favour. Changes that can be reversed at the end of the tenancy without permanent trace do not need prior agreement.

Structural alterations are different. Removing or adding a partition wall, converting a room to a different use, replacing a fitted kitchen, or modifying plumbing or electrical circuits all require the landlord's written consent before you begin. Without it, the landlord can require full restoration at your expense when you leave, or choose to keep the modifications with no payment to you.

Adaptations for disability

Tenants with disabilities or reduced mobility have a stronger right. Under Article 7 of the Loi du 6 juillet 1989 as amended by the Loi ELAN 2018, you can carry out works to adapt the dwelling for your specific disability needs without the landlord's prior agreement. The landlord cannot refuse and cannot require restoration at departure when the modifications were made for accessibility. This covers grab rails, accessible bathroom fittings, adapted door handles, ramps, and equivalent adaptations.

Right to privacy

Once you have signed a lease, your landlord has no automatic right to enter the property, inspect it, or show it to prospective buyers or future tenants without your agreement. The right to privacy in one's home is protected by Article 9 of the French Civil Code, by Article 8 of the European Convention on Human Rights, and by the obligations of jouissance paisible under the Loi du 6 juillet 1989. These protections apply to every tenant regardless of nationality.

French law does not specify a fixed statutory notice period, but consistent case law establishes 24 to 48 hours' advance notice as the minimum required for any non-emergency visit. Some leases specify longer periods; where they do, the contractual provision applies. A landlord who arrives unannounced, or who repeatedly schedules visits at inconvenient times, is in breach of jouissance paisible.

For viewings when the property is being marketed or re-let, Article 18 of the Loi du 6 juillet 1989 limits visits to agreed working days, for a maximum of two hours per working day. You are not required to accept viewings at weekends or on public holidays unless you agree separately. You may not be required to leave the property during viewings if you prefer to remain.

Protection from discrimination

French law prohibits discrimination in access to housing on more than 25 grounds, consolidated across the Code pénal, the French Civil Code, and the Loi n° 2008-496 du 27 mai 2008. The protected characteristics relevant to housing include: origin, name, physical appearance, sex, gender identity, sexual orientation, disability, health status, age, religion, political opinion, trade union membership, financial situation, place of residence, marital status, pregnancy, and family status, among others. A landlord may legitimately choose between applicants based on income, financial guarantees, or professional stability. What they cannot do is refuse or disadvantage any applicant because of a protected characteristic.

Discrimination in housing is not only a civil wrong: it is a criminal offence under Article 225-1 of the Penal Code, punishable by up to three years' imprisonment and 45,000 EUR. Any discriminatory clause in a lease is automatically void. According to the Défenseur des droits' data for 2024, disability accounted for 33% of housing discrimination complaints handled by the authority, and origin (including nationality) accounted for 26%. Both figures point to persistent structural problems in the French rental market. Discrimination based on nationality is explicitly covered: international tenants are protected on the same basis as French nationals.

How to report discrimination

The Défenseur des droits (defenseurdesdroits.fr) is the independent constitutional body responsible for investigating discrimination complaints. Any person who believes they have been discriminated against can file a complaint online, by post, or by visiting a local territorial delegate. The Défenseur has investigative powers, can access documents held by landlords and agents, and can refer cases to the public prosecutor. Initial free legal advice is available from your local ADIL, which can assess whether the facts support a discrimination claim and direct you to the most appropriate channel.

"A landlord may choose between applicants on objective criteria such as income and financial guarantees. What they cannot do is refuse or disadvantage an applicant because of their origin, nationality, disability, or any other protected characteristic."

Simplification law 2025: what changed for tenants

The Loi n° 2025-1129 du 26 novembre 2025 de simplification du droit de l'urbanisme et du logement made several changes to the rental market framework. Most provisions were aimed at reducing administrative burden, but a number of them have direct relevance for tenants.

The 2025 law clarified the procedural rules for the DPE audit obligation in multi-unit buildings (copropriétés), which affects the timeline for bringing thermally inefficient rental properties up to the logement décent standard. It also adjusted the conditions under which landlords can claim an exemption from the energy performance thresholds for specific building types, meaning the class G rental ban from January 2025 now has a more clearly defined perimeter for heritage buildings and certain pre-1948 constructions. Tenants in those properties should verify the applicable status with their ADIL.

The law also made procedural adjustments to the Commission Départementale de Conciliation (CDC) process, including streamlining the documentation requirements for rent challenges. For tenants wishing to challenge a surtaxe under the encadrement des loyers system, the three-month window from lease signing remains unchanged, but the evidentiary requirements for the CDC application are now slightly lighter.

Tenant rights checklist

Use this checklist to verify that your core rights are being respected throughout your tenancy. Requirements can change: check with your local ADIL or a qualified professional if any item is unclear.

Financial rights

• Rent at or below the legal cap: If you are in a zone tendue with active encadrement des loyers, verify that your rent does not exceed the loyer de référence majoré for your property type and location.
• Right to challenge a surtaxe: You may challenge any complement de loyer within three months of signing your lease by filing a request with the Commission Départementale de Conciliation.
• IRL-only increases: Rent increases during a tenancy must not exceed the current IRL percentage published by INSEE. Confirm the IRL figure before accepting any increase notification.
• Deposit cap respected: For furnished rentals, the deposit must not exceed two months' rent excluding charges. For unfurnished rentals, the cap is one month.
• Deposit returned on time: The deposit must be returned within one month (no dispute) or two months (with itemised deductions). A late return triggers a penalty of 10% of monthly rent per month of delay.
• Deductions itemised and evidenced: Any deduction from the deposit must be supported by an itemised list with documentary evidence. Normal wear and tear cannot be charged to the tenant.
• Quittance de loyer on request: You are entitled to a free rent receipt itemising rent and charges separately. Your landlord must provide one on request without delay.

Property rights

• Logement décent standard met: Confirm that the property meets all five decent housing standards, including the DPE energy class requirement (F or above from January 2025; E or above from January 2028).
• Landlord maintains the property: The landlord is responsible for structural repairs and major works. Minor maintenance (réparations locatives) is your responsibility, as defined by Décret n° 87-712.
• Right to minor personalisation: You may repaint, hang pictures, and make reversible decorative changes without permission. Structural alterations require written landlord consent before work begins.
• Disability adaptations permitted: If you have a disability, you may carry out accessibility adaptations without prior landlord consent and without obligation to restore at departure.
• Utilities cannot be cut: Your landlord has no right to cut off water, electricity, or gas as a pressure tactic. Doing so is a criminal offence.

Process rights

• Written lease with statutory model: Your lease must be in writing and must use the statutory model contract, including all mandatory information fields.
• Move-in état des lieux completed: A room-by-room condition record must be completed on the day of move-in, and you must receive a copy. You have the right to add observations before signing.
• DDT documents provided: The dossier de diagnostic technique (DPE, electrical report, gas report, and other applicable certificates) must be attached to your lease at signing.
• Eviction only through court order: No eviction is lawful without a court order from the tribunal judiciaire (juge des contentieux de la protection). Self-help eviction is a criminal offence.
• Trêve hivernale observed: No physical eviction may be carried out between 1 November and 31 March each year, even with a final court order in place.
• Valid congé notice received: A landlord who does not renew your lease must serve written notice on one of three lawful grounds, with the correct notice period (three months for unfurnished, one month for furnished in zones tendues).

Anti-discrimination rights

• No discrimination in access: You cannot legally be refused a rental or treated differently because of your origin, nationality, disability, sex, religion, or any other protected characteristic.
• No discriminatory lease clauses: Any clause in your lease that places an additional obligation on you because of a protected characteristic is automatically void.
• Complaints route available: If you believe you have been discriminated against, you can file a complaint with the Défenseur des droits (defenseurdesdroits.fr) or seek free advice from your ADIL.
• Criminal sanctions exist: Housing discrimination is a criminal offence under Article 225-1 of the Penal Code, carrying penalties of up to three years' imprisonment and 45,000 EUR.

Resources and support

France has a well-developed network of free advice and support for tenants. The organisations below cover most situations: from understanding your lease to filing a discrimination complaint or accessing emergency housing assistance.

All ADIL services are free and confidential. Most ADIL offices have staff who advise in languages other than French or can arrange interpretation. If you face an illegal eviction attempt, utility cuts, or physical intimidation, contact the police (dial 17) first, then your ADIL.

FAQs about tenant rights in France

Sources

• Loi n° 89-462 du 6 juillet 1989 tendant à améliorer les rapports locatifs, Légifrance (consolidated version, 2026)
• Article 6, Loi n° 89-462 du 6 juillet 1989 (landlord obligations, decent housing), Légifrance
• Article 7, Loi n° 89-462 du 6 juillet 1989 (tenant obligations), Légifrance (2025)
• Article 8, Loi n° 89-462 du 6 juillet 1989 (subletting), Légifrance
• Décret n° 2023-796 du 18 août 2023 (logement décent, DPE thresholds), Légifrance
• Décret n° 87-712 du 26 août 1987 relatif aux réparations locatives, Légifrance
• Article 1719, Code civil (obligation de délivrance et jouissance paisible), Légifrance
• Loi n° 91-650 du 9 juillet 1991 (trêve hivernale, Article 21), Légifrance
• Loi n° 2025-1129 du 26 novembre 2025 de simplification du droit de l'urbanisme et du logement, Légifrance
• Article 225-1, Code pénal (discrimination definitions including housing), Légifrance
• ANIL: Performance énergétique et décence du logement (2024)
• ANIL: Trêve hivernale 2025 (updated annually)
• ANIL: Droits et obligations du locataire, location vide (2025)
• ANIL: DALO, droit au logement opposable
• Service-Public.fr: Documents remis par le propriétaire lors d'une location (2025)
• Service-Public.fr: Unpaid rents and eviction of the tenant (2025)
• Service-Public.fr: Commission départementale de conciliation (CDC)
• Défenseur des droits: Discriminations à la location de logement (2024 data)
• Défenseur des droits: Guide Louer sans discriminer, édition 2025
• INSEE: Indice de Référence des Loyers (IRL), quarterly series
• Wunderflats internal data