Roche & Cie

Furnished rental: the new mandatory equipment

18 Sep 2015

A decree was published on August 5th, 2015, specifying the compulsory items in a furnished accommodation, rented as a principal residence. This decree completes the “Alur Law” dated March 24th, 2014. This legislation came into force for all the new rental agreements started from September 1st, 2015.

This law provides a legal definition of the furnished rental as a principal residence of the tenant. A furnished accommodation is “a decent accommodation equipped with adequate furniture in quantity and quality, allowing the tenant to sleep, to eat, and to live decently in respect of the everyday life’s requirements”.

In this context, this law foresees the drawing up of a detailedinventory of furniture at the moment of the signature of the rental agreement. This document must be signed by the two parties and constitutes an effective means of evidence in case of furniture’s disappearance or potential degradations caused by the tenant. Besides, in the event of a dispute, it permits to prove that the housing is furnished and to avoid a reclassification in an unfurnished rental.

The decree published on August sets out a list of mandatory furniture.

Concerning the rental agreements signed since September 1st, 2015

A furnished accommodation must include at least the following elements:

  • A bedding with quilt or blanket;
  • Shutters or curtains in the rooms;
  • Baking trays;
  • An oven or a micro-wave oven;
  • A refrigerator;
  • A freezer or if not, a refrigerator with a freezing compartment (maximum temperature of -6°);
  • The adequate crockery;
  • Kitchen utensils;
  • A table;
  • Chairs;
  • Storage shelves;
  • Lamps;
  • Household maintenance equipment fitted with the accommodation‘s features (vacuum if there is a carpet, broom or a mop for the tiles…).

This legislation concerns only the new rental agreements starting on September 1st, 2015. Until this date, the law didn’t specify the criteria that a furnished accommodation was forced to meet. Judges outlined over time the features of a furnished accommodation.

Concerning the rental agreements signed before September 1st, 2015

To be considered as a rental furnished accommodation, the housing must be equipped with adequate furniture in quantity and quality to allow the tenant to live normally with his personal stuffs.

To be qualified as furnished accommodation, the housing must include at least:

  • Furniture;
  • Bedding;
  • Gas cooker or baking trays;
  • A refrigerator;
  • Kitchen utensils.

Be careful: in case of litigation, if the judge considers that the accommodation doesn’t meet the furnished accommodation’s criteria, he has authority to reclassify the rental agreement in an unfurnished accommodation subject to the applicable legislation.

Like the measures concerning the control of rents in Paris, this text is a major reform implemented since the return from summer holidays.