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What are your rights as a tenant?

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Whether you are a tenant of a residential, mixed, professional, commercial, rural, etc.

You have rights!

JuriLoc offers you legal consultations to provide you with the necessary knowledge when you want to sign a lease contract.

Knowing your rights is important for the relationship between tenant and landlord to be optimal.

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Your 
Rights

01

Lease for residential or mixed use

The rights of tenants of all dwellings for residential or mixed use are governed by the law of July 6, 1989. This is a law of public order.

Did you know ?

Principle

The tenant has the right to keep one or more pets in his accommodation (rented empty or furnished) under article 10 of the law of July 06, 1989, provided that he ensures the peaceful enjoyment of the premises and the building, that is to say that it respects the tranquility of the neighborhood. The tenant is responsible for damage and  abnormal neighborhood disturbances  that his animal can cause.

Exception

The owner may prohibit the possession of a  1st category dangerous dog (attack dogs ) by a clause included in the lease.

03

rural lease

In the broad sense of the term, a rural lease organizes the provision for payment of real estate for agricultural use. A rural lease is subject to a largely imperative legal regime forming book IV of the rural code and maritime fishing.

Did you know ?

Principle

In the event of the sale of the leased property, the lessee in place benefits from a  right of first refusal  allowing him to acquire the property in priority (Article L. 412-1 and following of the Rural Code and maritime fishing).

Exception

This right does not apply in the event of donation of the property, nor if the sale is granted to a relative or ally up to and including the 3rd degree.

02

Professional or commercial lease

Rentals relating to premises for exclusively professional use come under article 57 A of law no.  art. 46 ).

However, since the law on the modernization of the economy, known as LME, n° 2008-776 of August 4, 2008, article 57-A has been amended in such a way as to allow the parties to opt for the regime of commercial leases in the conditions set out in 7° of I of Article L. 145-2 of the Commercial Code.

Did you know ?

Principle

It is strictly forbidden for a lessor to refuse a renewal of a commercial lease without, in return, paying an eviction indemnity to the lessee. 

Article 145-15 of the Commercial Code  governs this protection towards the tenant.

Exceptions

The lessor may refuse to renew the lease without eviction compensation (C. com.,  art. L. 145-17 ) in several cases: ​

  • If he justifies a serious and legitimate reason against the outgoing tenant. 

  • If it is established that the building must be totally or partially demolished as being in an unsanitary condition recognized by the administrative authority or if it is established that it can no longer be occupied without danger due to its condition.

Badly exercised, the law no longer has any rights.

Civil law proverb; Latin sentences and maxims (1788)

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