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.
- 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.