Essential clauses to include in a furnished rental lease

Furnished rental attracts many property owners thanks to its flexibility, favorable tax regime and its strong appeal on the rental market. However, to comply with the law, a furnished rental agreement must include a number of essential clauses. These clauses guarantee the rights of both the landlord and the tenant while preventing disputes. Here’s a complete guide to drafting a clear, balanced, and legally compliant furnished rental contract.

What is a furnished rental agreement?

A furnished rental agreement is a lease signed between a landlord and a tenant, governing the provision of a furnished property. Unlike an unfurnished lease, it concerns a home equipped with all the necessary furniture for daily living (bedding, table, dishes, appliances, etc.).

To be valid, the contract must be written, signed by both the landlord and the tenant, and each party must receive a copy.

This type of lease is governed by the ALUR law and the law of July 6, 1989. The duration of the lease depends on the type of contract:

• 1 year renewable by tacit agreement for a main residence rental,
• 9 months non-renewable for a student main residence rental,
• 1 to 10 months for a mobility lease, intended for temporary tenants (in training, on assignment, or internship).

Note: Not all furnished leases follow the same rules

The clauses discussed in this article apply only to contracts governed by the law of July 6, 1989, which defines the rights and obligations of both landlords and tenants.

On the other hand, secondary residence leases and corporate leases are not covered by this legal framework. They are subject to the provisions of the Civil Code and follow different, often more flexible rules, requiring particular attention when drafting their clauses.

For more information on the different types of rental contracts, read our article here.

Mandatory clauses to include in the contract

Certain clauses are required by law and must be included in the lease, otherwise the contract risks being reclassified or even declared void. These clauses govern the relationship between the landlord and the tenant.

1. Identification of the parties and description of the property

The contract must specify:

• the names, first names, and addresses of the landlord or their authorized representative,
• the name and identification of the tenant(s),
• the full address of the rented property,
• its living area and intended use (residential, professional, or mixed),
• a detailed description of the property and its annexes (cellar, garage, garden, etc.) including surface area,
• a detailed list of communication and internet equipment available in the dwelling,
• the list of shared areas,
• and the property’s tax identification number.

2. Duration of the lease

The duration of the lease and the date the property is made available must be clearly stated, along with renewal or termination conditions.

The tenant may give notice with a one-month notice period, while the landlord must give three months’ notice before the end of the contract.

See our detailed article on how to terminate a furnished rental contract.

3. Rent amount and payment terms

The contract must specify:

• the amount of rent set by the landlord,
• the payment date agreed with the tenant,
• the rental charges,
• and the rent review conditions (IRL indexation).

An annual rent review clause allows the landlord to adjust the rent in accordance with legal rules.

Special cases in regulated zones

If the property is located in a regulated zone (where rent control applies), the lease must also include:

• the rent paid by the previous tenant,
• the date of the last payment and of the last rent adjustment.

In these areas, if the previous tenant left less than 18 months ago, the lease must also specify:

• the amount and date of the last rent paid by the previous tenant,
• and the type and cost of any works carried out since the last rental.

Experimental rent control

In cities where an experimental rent control scheme applies, the contract must include:

• the reference rent and the maximum reference rent corresponding to the property’s category and location,
• and any justification for additional rent (exceptional view, premium features, terrace, etc.).

Mandatory mention of agency fees

When the lease is signed with the help of a paid professional or agent (such as a real estate agency), the contract must, under penalty of nullity, include:

• the legal provisions set out in the first three paragraphs of Section I, Article 5 of the law of July 6, 1989,
• as well as the maximum fees chargeable to the tenant.

4. Security deposit

The landlord may request a security deposit, the amount of which (a maximum of two months’ rent excluding charges) and the refund conditions must be specified. The tenant must recover this sum at the end of the lease, minus any justified deductions.

IMPORTANT: Under a mobility lease, the landlord cannot request a security deposit from the tenant. This clause therefore does not apply. It is the main difference between this and other leases governed by the law of July 6, 1989.

5. Property condition report and furniture inventory

Two documents must be attached to the lease:

• the move-in (and move-out) inspection report, drawn up jointly by the landlord and the tenant,
• the inventory of furniture, listing all provided equipment.

These documents protect both the landlord (in case of damage) and the tenant (in case of unjustified claims).

In addition, several mandatory annexes must be attached to the lease:

• The information notice, mandatory for all furnished rentals since August 1, 2015. It reminds landlords and tenants of their rights and obligations, and outlines available conciliation and dispute resolution procedures.
• The technical diagnostics file (DDT), which includes the energy performance certificate (EPC), and if applicable, lead, gas, and electricity diagnostics, as well as the risk and pollution statement (ERP). These documents inform the tenant about the property’s safety and energy performance.
• The condominium rules excerpt, required if the property is located in a shared building. It specifies the building’s purpose, the conditions for using common areas, and the house rules applicable to all occupants.

6. The respective obligations of the landlord and the tenant

This mandatory clause states that:

• the landlord must provide a decent, insured, and well-maintained property,
• the tenant must pay rent on time, maintain the property, use it peacefully, and take out home insurance.

Would you like assistance drafting your lease or renting out your property? Lodgis supports landlords throughout every step of the furnished rental process.

Optional but recommended clauses

Certain optional clauses can help strengthen the landlord’s security and provide clarity for the tenant.

1. Joint liability clause (flatshare)

In a furnished flatshare, this clause makes all tenants jointly responsible for paying rent and charges to the landlord.

2. Automatic termination clause

This termination clause allows the landlord to terminate the lease in case of unpaid rent, lack of insurance, or serious breach by the tenant.

3. Furniture maintenance clause

In a furnished rental, the landlord can specify the maintenance conditions of the furniture and the tenant’s responsibility in case of loss or damage.

4. Subletting prohibition clause

This clause forbids any subletting of the property without the landlord’s written consent, in accordance with the law of July 6, 1989.

Mistakes to avoid in a furnished lease

Even experienced landlords can make mistakes when drafting a lease. Here are the main pitfalls to avoid:

• Failing to include a mandatory clause, which weakens the landlord’s legal position in the event of a dispute.
• Adding an abusive clause contrary to the law (excessive penalties, forbidding guests, etc.).
• Failing to respect legal deadlines for notice or refunding the security deposit.
• Overlooking the contract’s signature or effective date.

If the lease is non-compliant, it may be reclassified as an unfurnished lease or a standard civil lease, which can have serious consequences for the landlord. To avoid this, Lodgis helps landlords with lease drafting, tenant selection, and full property management. Entrusting your property to Lodgis means ensuring a compliant lease, secure rental income, and a relationship of trust with your tenant.

A clear lease for a smooth rental experience

A well-drafted furnished rental agreement protects both the landlord and the tenant.

Mandatory and optional clauses help avoid misunderstandings and ensure a balanced, secure rental. Before signing, each landlord must ensure that the contract complies with the law, and each tenant must fully understand its terms.