No, a security deposit is not intended to pay the rent. The security deposit is used to cover possible defaults by the tenant.
The cancellation period starts from the day the owner has taken the cancellation notice into account. (Registered letter/Letter sent with accusé de réception )
In French real estate there what we call, “tense areas” (zone tendue) where there is high demand for housing.
If you are located in a tense area, you have 1 month’s notice to terminate your rental contract. Outside of a tense area, the notice period is generally 3 months. The notice must be delivered by a bailiff (huissier), registered letter or letter delivered with a receipt. You can check if you are in a tense zone or not on this link
: https://www.service-public.fr/simulateur/calcul/zones-tendues
Some organizations such as Unkle, GarantMe or Cautioneo offer to act as guarantor after having verified your dossier. Some even offer to deduct the rent from the tenant’s account and pay it back to the owner. A state guarantee also exists. This is the VISALE guarantee. With this guarantee, it is Action Logement that stands as guarantor for you. Each of these organisations has of course conditions of guarantees that must be consulted on a case by case basis. This trick also works for foreigners who move to Paris or people who return to France after several years of expatriation and who do not have a French tax notice to present to the landlords.
The apartment must be returned in the same state of cleanliness as when you received it. The notion of cleanliness is always delicate because it changes from one person to another. If there is conflict, it almost always arises when a tenant is leaving a rented property and not when they first enter. It is therefore important to take as many photos as possible at the beginning of the contract so that you can compare them with the photos at the end. If however there is a conflict, you can call upon a “huissier” for the inventory of fixtures of exit. The “huissier’s” fees will be paid equally by the tenant and the landlord. Note that in certain cases, Victorine Immobilier offers the inventory of fixtures by a huissier to its clients.
The basic rule is: what is major work is the responsibility of the landlord, what is maintenance is the responsibility of the tenant. For example, the replacement of the joints is part of the minor maintenance that is the responsibility of the tenant. Here is the governmental link that details who takes care of what in the maintenance of your property. https://www.service-public.fr/particuliers/vosdroits/F31697
Whether it is for sale or rent, the diagnoses are mandatory. Thus, they must be transmitted to the tenant (or to the purchaser if it is a sale) – Diagnosis of energy performance – Constat of risk of exposure to lead – State of asbestos – State relating to the presence of termites – State of the interior installation of gas – State of the interior installation of electricity – State of the installation of noncollective cleansing – State of the risks and pollutions : https://www.service-public.fr/particuliers/vosdroits/N20591
A decent apartment is an apartment that does not pose a danger to the health and safety of the occupants. Recently, the state has added a criteria related to the energy performance of the building. https://www.service-public.fr/particuliers/vosdroits/F2042
A furnished apartment must be equipped so that the tenant can live there immediately. This is what should be in a furnished apartment :
Bedding with comforter or blanket
Shutters or curtains in the rooms
Cooking plates
Oven or microwave oven
Refrigerator
Freezer or refrigerator freezer compartment with a maximum temperature of -6°.
Sufficient dishes for the occupants to eat
Kitchen utensils
Table
Seating
Storage shelves
Light fixtures
Housekeeping equipment adapted to the characteristics of the dwelling (vacuum cleaner if there is carpet, broom and mop for tiles…)
For information regarding the documentation required for a sale, please see the link below.
For all information concerning the documentation required for renting, please consult the link below.
https://victorine-immobilier.com/liste-des-documents-a-fournir-pour-une-location-locataire/
LMNP means : Loueur en Meublé Non Professionnel. (Non professional, furnished rental property)
This system concerns the rental of a traditional property or the rental of a property within a service residence such as residences for seniors, EHPAD (hospice) student residences, tourist residences, rentals in guest houses or rural lodgings, seasonal rentals.
No,
- There is no maximum rent.
- No income limit for renters.
The VAT is paid at the time of purchase but is refunded later. Sometimes, the promoter can bear the VAT for you. He will then be in charge of getting reimbursed.
The accountant in charge of the management will recover the VAT.
Properties that are in managed structures are highly sought. They sell in 8 weeks on average.
Your income will increase but thanks to the effect of depreciation, you will not pay additional taxes for a period of 12 to 20 years.
The main specificity of the real system is to be able to depreciate your assets in addition to depreciating your big expenses.
The depreciation is an accounting depreciation which will be charged on your rents as a “fictitious” expense each year. It is called a fictitious expense because you will not really disburse it, it will simply be charged to your income and therefore reduce your taxable base.
You have no control over the tenants.
The dwelling place occupied as a principal residence must have a minimum duration of 1 year.
You cannot be registered in the RCS as a
Loueur en Meublé Professionnel (LMP).
The rental income must not exceed €23,000 per year and must not represent more than 50% of the investor’s total income.
Yes, regardless of the occupancy of the residence, your rent will be collected.
No. The manager in charge of the residence takes care of everything. You will not be in contact with the tenant. He will not have your contact information.
The manager takes care of everything. It is completely transparent for you. There are no additional fees.
You will pay a property tax because you will be the owner of a property.
On a few rare programs, it is covered by the operator.
You need to be a “particulier.” Meaning you are not a company or an agency but an individual.
France is experiencing significant population growth. The state cannot afford the investments necessary for this growth. It therefore proposes to individuals to invest in the construction of housing to meet the increased demand for housing.
To benefit from the advantages of the PINEL law, here are the essential elements to know:
Maximum price: 5 500€/m2. This threshold is used in the calculation of the tax reduction. The law does not prohibit the purchase of a more expensive property. Beyond this threshold, only the part equal to 300 000€ will be considered in the tax calculation.
The tax reduction is proportional to the duration and limited to 300 000 euros of investment per tax household (whatever your mariage status)
There are resource conditions for the tenant:
Rents are capped
Possibility of renting to parents and children (conditions required -> the same as for a normal tenant, therefore subject to resource conditions and capped rent)
- The tax reduction applies to the year of completion of the property, on the income of the current year and without rate time limits. In other words, regardless of the date of delivery of the property in the year, the tax reduction is acquired entirely over the year.
The law limits this type of purchase to 2 homes per year per tax household.
The rate of reduction varies with the duration of the commitment (minimum rental period):
12% for 6 years; i.e. maximum 36,000€ of tax rebate (300k*12/100)
18% for 9 years, i.e. a maximum of €54,000 in tax savings
21% for 12 years; i.e. maximum €63,000 tax rebate
In order to be eligible for the PINEL program, the property must comply with specific construction standards to ensure that it is a BBC (Bâtiment Basse Consommation) building and complies with RT 2012 energy performance standards.
Only 6% of cities are eligible. Indeed, the supply and demand of housing is unequal on the French territory. Victorine Immobilier offers properties all over France in order to adapt to the wishes of its customers and has access to more than 230 developers on the territory.
The accommodation must meet the following criteria:
It must be unfurnished
used as the tenant’s main residence
Rented within 12 months of its acquisition or the date of completion of work.
The income of the tenants must be capped.
The caps vary according to the location
To know the zone of the city
: https://www.service-public.fr/simulateur/calcul/zonage-abc
The calculation formula takes into account 3 data: The living area
The ceiling of the rent per useful m²
A coefficient:
Coefficient The coefficient is always: 0,7+19/surface
The coefficient cannot be higher than 1.2
The formula: Living area x rent ceiling per useful m2 x coefficient
The caps are set according to the geographical area and the composition of the tax household.
The administration is clear on the subject “since January 1, 2021, the reduction concerns only housing located in a collective building. It no longer concerns individual and suburban housing”.
No, a notice (ou congé) sent by simple mail (email) is not valid.
The notice is only valid if a letter is sent :
either by registered mail with acknowledgement of receipt
or served by a huissier.
or hand-delivered against a receipt
A notice of termination sent by electronic means (e-mail) is not valid, even if it is accepted by return of e-mail by its recipient (tenant or landlord.)
Attention: an online registered letter edited by La Poste is only valid if the addressee declares beforehand to La Poste that he accepts this method of sending.
The tenant who wants to leave their accommodation before the end of the lease:
In general, the tenant respect a notice period of 1 or 3 months. But, in case of serious failures of the owner with its obligations (the housing is in danger or indecent), the tenant can leave the housing without notice. Be careful, they must first have warned the owner of the observed disorders and have taken the necessary steps to force him to do the work.
Several serious breaches by the landlord may justify the tenant’s departure without a notice period. In particular, one of the following failures:
Electrical installation presenting a danger for the occupants of the accommodation
Infiltrations causing very high humidity and health problems for the occupants of the dwelling.
Cutting off the water supply for several months.
Attention: only the tenant of a dwelling subject to a prefectural order of insalubrity and peril, can, by himself, stop paying all or part of his rent if the owner does not respect his obligations.
Before being able to leave without a notice letter, the tenant of an unsafe or unhealthy dwelling must warn the landlord of the disorders that are his responsibility and ask him to make the repairs to bring the dwelling into conformity.
In case of refusal or silence of the owner, the tenant must send him a formal notice, by registered letter with acknowledgement of receipt. (Lettre recommandée avec accusé de reception)
If this approach remains without effect, the tenant must initiate a procedure with the town hall of the municipality where the dwelling is located.
If the landlord does not carry out the work within the time limit ordered by the town hall/mayor, the tenant may leave the dwelling without notice.
The tenant must give the landlord notice by registered letter with return receipt. The tenant must attach proof of the landlord’s failure to do so to the letter.
A tenant who leaves a dwelling without a notice period pays rent only for the time he or she has been in the dwelling, provided that he or she has not kept the keys after leaving.
Example:
If the tenant leaves on June 15 without having kept the keys, the tenant must pay: (amount of rent x 15)/30,
If the tenant leaves on August 15 without having kept the keys, he must pay : (amount of rent x 15)/31.
The tenant can also get his deposit back.
When the owner wants to sell a dwelling inhabited by a tenant, he has 2 possibilities: wait for the end of the lease or sell the dwelling during the lease. Depending on the type of accommodation, empty (i.e. rented without furniture) or furnished, the rules to be respected are different.
The inventory of fixtures is the official visit of an apartment that you must conduct with either the landlord or a specialist before moving in.
An inventory of fixtures must be done when entering and exiting the apartment. This is to guarantee the refund of your security deposit.
The type of inventory of fixtures (entry or exit)
the date of establishment
the location of the accommodation
the name (or denomination) of the parties and the domicile (or head office of the lessor)
if necessary, the individual meter readings for water or energy consumption.
the details and destination of the keys or any other means of access to the premises for private or common use
for each room and part of the dwelling, the precise description of the state of the floor, wall and ceiling coverings, equipment and elements of the dwelling. It can be completed with observations or reservations and illustrated with photos.
With the “Alur” law, the total restitution of the deposit must be done within one month as from the handing-over of the keys if the inventory of fixtures of exit does not make appear degradations compared to the inventory of fixtures of entry.
If there are differences between the inventory of fixtures at the beginning and the inventory of fixtures at the end of the rental period, the landlord has two months to reimburse the tenant.
If the inventory of fixtures (état des lieux) at the beginning and at the end of the lease shows deterioration attributable to the tenant, except if this deterioration was caused by age, defects or construction faults.
If there are unpaid rents and charges.
If the tax on household maintenance has not been paid, it can be deducted in proportion to the time the tenant has occupied the property.
If the rented property is in co-ownership, the owner can keep part of the security deposit (20% maximum) until he receives the annual statement of charges; in this case he is not subject to the late payment penalties seen above.
In the event of significant damage, if the security deposit is insufficient, the landlord has the right to ask the tenant for a supplement.
