The information below is only a rough guide and we strongly recommend that you seek the advice of professionals before making decisions or engaging yourself in a real-estate project.

The lease or rental contract is a compulsory document. It sets out the rights and obligations which bind the tenant and the landlord. 

It can be drafted directly between the landlord and tenant on a simple piece of paper. However, ideally it would be best to obtain a lease that conforms to the law. 

If you go through a real estate agency, the lease will be drafted by the agency. 

The lease must be in writing and signed by both parties, with each party keeping an original copy.

Compulsory clauses:

The following items are obligatory in a lease:

• The name and address of the owner or his representative.
• The lease commencement date.
• The length of the lease.
• The situation and description of the property (number of rooms, etc).
• The rent, payment date, conditions of payment and renewal conditions.
• The sum of the guarantee deposit, often referred to as security, if this is required.

Forbidden clauses:

Be careful, the landlord is not allowed to impose the following clauses (even if they form a part of the lease, they are not enforceable):

• Oblige the tenant to allow the property to be visited on public holidays or for more than two hours in a working day.
• Impose the subscription to a housing insurance of his choice on the tenant.
• Oblige the tenant to pay the rent by standing order.
• Cancel the lease purely and simply for reasons other than:
  -non- payment of rent, charges or guarantee deposit,
  -non- subscription to a rental insurance cover.
• Fine the tenant in the event of breech of contract or deterioration of the building’s common areas.
• Prevent the tenant from carrying out political, trade union, religious or any associative activities. 

Documents to annex to the lease

The documents that need to be annexed to a lease are:

• The inventory.
• If the property is under co-ownership, a copy of the co-ownership rules and regulations.
• The insurance policy against all rental risks.
• The guarantee deposit, unless it forms part of the lease.
• Details of the estate agency’s remuneration, if any.

Renewing a lease: 

If the tenant wants to renew the lease and the owner is in agreement, this can be done in three different ways.

1. By keeping the same conditions. In this case, it is not necessary to draw up a new lease and the lease will automatically be renewed for another three years. 
2. By changing the duration of the lease. The owner can reduce the limit for renewal from three years to a minimum of one. The owner must inform the tenant of his decision at least 6 months before the lease expires. In this case, a new lease will need to be drawn up, explaining clearly the reasons for this reduction. Two months before the lease expires, the owner he must once again confirm his wishes to the tenant via a registered letter or legal notice. 
3. If the owner wants to review the rent. This increase cannot apply to charges and must be spread out. The tenant must be informed of the decision 6 months prior to the expiry of the lease. If the tenant accepts the new rent, he must notify the landlord of his acceptance in writing. A new lease is not necessary.