EMPTY OR FURNISHED: WHICH RENTAL TO CHOOSE ?

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ANNUAL RENTAL - EMPTY OR FURNISHED: WHICH RENTAL TO CHOOSE ?

Here you will find the important points that landlords and tenants need to know before renting. Empty rental or furnished rental there are a few rules common to both regimes (drafting fees, amount of rent or rental charges...).

However, legally, furnished rentals must be distinguished from empty rentals. A few essential reminders !

 

RENTING AN EMPTY APARTMENT

  • An empty rental is for a property without furniture. The landlord has no obligation to provide furniture with the dwelling.
  • The minimum term of an empty lease is 3 years. However the owner, if he wishes, can make a lease of more than 3 years.
  • At the end of its initial term, the empty rental lease is tacitly renewed for the same duration.
  • In spite of a long-term commitment, the tenant has the possibility to give notice at any time in compliance with his notice.
  • As a general rule, this notice period in empty rentals is 3 months by default, 1 month in tense areas (under conditions and for reasons provided for by law).
  • The landlord can only give notice at the end of the lease, 6 months before the end of the lease. His notice must be motivated for: sale, repossession or legitimate and serious reason.
  • The dwelling in renting empty at the year must not let appear any obvious risk which can harm the physical safety or the health of its occupant.
  • The rental must be equipped with the facilities making it simply conform to the use of the dwelling and its purpose. This requires the landlord to provide the tenant with a decent dwelling that meets the minimum standards of comfort.

The choice of an empty dwelling year-round justifies a lower rent than a furnished rental. This compensates for the cost of having to furnish the dwelling yourself.

 

 

RENTAL OF A FURNISHED APARTMENT
 
  • Furnished rentals are for a dwelling with all the furniture necessary for the dwelling. If this is not the case, the rental may be reclassified as a naked rental, in particular for the duration of the lease cancellation period.
  • The minimum term of a furnished rental lease is one year. The tenant is exposed to a quicker vacancy than in an empty rental. He can give 1 month’s notice at any time.
  • At the end of its initial term, the furnished rental lease is tacitly renewed for the same duration.
  • The landlord can only give notice at the end of the lease, i.e. 3 months before the end of the lease. His notice must be motivated for: sale, repossession or legitimate and serious reason.
  • This type of furnished lease is fairly well suited to small apartments such as kitchenette, studio or 2 room apartments.
  • Rents for furnished rentals are generally higher than empty rentals, count 5 to 30% more expensive.
  • The tenant will have to pay a security deposit of 2 months compared to 1 month for an empty apartment. This difference corresponds to the furniture of the rented property.
  • The dwelling rented furnished all year round must not show any obvious risk that could affect the physical safety or health of its occupant.
  • A furnished year-round apartment is a decent dwelling equipped with furniture allowing the tenant to sleep, eat and live properly.
  • There is no obligation for the furniture to be new. However, sturdy furniture is strongly recommended. It is the owner’s responsibility to replace them, if necessary, over time.
 
As a minimum, the accommodation must be equipped by the landlord with the following furniture and equipment :
 
  • bedding in good condition and provided with a duvet or blanket.
  • a device for blacking out windows in a room intended for rest.
  • cooking plates.
  • a conventional oven or microwave oven.
  • a refrigerator with at least one compartment (freezer or deep-freezer) with a temperature less than or equal to - 6°c.
  • crockery and kitchen utensils.
  • a table and seats.
  • storage shelves.
  • lighting.
  • household cleaning equipment.
 
Decree No. 2015-981 of 31 July 2015 sets out in detail the complete list of a furnished dwelling for the year.

 

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