Gesetzliche Basis der Vereinbarung
Der Vertrag basiert auf den Artikel 1714 bis 1762 des französischen "Code Civil" (Zivilrecht). Dies ist wichtig für diese Art Mietvertrag (Eigentumsnutzung zum Wohnen). Wenn nötig gibt es ebenfalls den Artikel L 632-1 und folgende des französischen "Code de la consruction et de l'habitation" für den Vermieter, der mehr als vier möblierte Wohnungen vermietet.
Die Auflagen, die in den folgenden Paragraphen stehen, vervollständigen die Rechtsgrundlage.
Entsprechend einer der Ausnahmen, die im Artikel 2 des Gesetzes n°89-462 vom 6. Juli 1989 auftreten, fällt diese Rechtsgrundlage weder unter dieses Recht noch unter das Gesetz n°48-1360 vom 1. September.
[nach oben] Duration of lease
The lease is agreed for a duration, freely fixed between the parties
The lease may be cancelled with a certified mail with acknowledged receipt :
- From PARISIAN HOME, at any time, by means of an advance notice. There
must be one month of advance notice from the date of reception of the notice ;
- From Landlord, at any time, by means of an advanced notice. There must
be one month of advance notice from the date of reception of the notice. The
said notice could only have effect at the lapsing of the subleasing contracts
in process during the issue of the said notice.
At the expiry date, without a specified cancellation in the forms defined
in the current agreement, from PARISIAN HOME or Landlord, the lease will be
tacitly continued for one year.
[nach oben] Sublease
Landlord declares to know exactly the activity that practises the
PARISIAN HOME society. A copy of the subleasing agreement for furnished
accommodation is attached to the current agreement.
Consequently Landlord authorizes PARISIAN HOME to sublease said premises
for residential use, from the effective date of the lease and during the
period stated in the current agreement.
The amount of subleasing will be freely fixed by PARISIAN HOME.
PARISIAN HOME does not requires to tell first Landlord, the latter
agreeing to abandon any claiming or right regarding the amount of
subleasing.
By derogation of the 2nd indent, paragraph b of the duration term,
Landlord agrees to rent the apartment beyond the deadline of advance
notice stated in the agreement, and until the end of the expiry period
of the ongoing subleasing, within the limits of three months.
In case of suspension of current agreement, Subtenant could exercise
neither right -direct or circumstantial- over Landlord, nor occupation
title.
[nach oben] Rent and costs
The amount of the rent, fixed freely between the parties, will be
paid by bank transfer at the Landlord’s or his/her mandatory’s bank.
The rent will be paid at the monthly expiry date, at the latest on
the last day of the calendar month.
The monthly amount of the rent varies according to the use of the
premises by PARISIAN HOME during the month and according to the number
as well as the duration of the subleasing contracts agreed, whether
the premises were occupied all the duration or not, as follows :
By subleasing,
- per week : 267€ two hundred and sixty seven euros
- per month : 801€ eight hundred and one euros
Any week of subleasing that has been started, will be due by
PARISIAN HOME, prorata temporis nevertheless without exceeding the
amount of monthly rent.
Beyond a month of rent, the rent will be due on the basis of the
monthly rent, prorata temporis of its use.
PARISIAN HOME shall justify the use of the premises, at first demand
of Landlord and within fifteen days after said demand.
In addition to this rent, expenses taken on by Landlord for
PARISIAN HOME for telephone costs of said premises will be refunded
by PARISIAN HOME to Landlord, when Landlord will give the invoice
with the details of the calls. Landlord is responsible for phone
line subscription. Electricity and gas consumptions are refunded
by PARISIAN HOME to Landlord according to meter reports made
during the check-in and check-out.
Except costs listed above, the other rental costs will be
exclusively paid by Landlord as quotation of regulatory costs,
calculated according to the list fixed by the decree n° 87-713
(26 août 1987).
[nach oben] Security deposit
On explicit convention between both parties, PARISIAN HOME
will not provide to Landlord, who agrees, a security deposit.
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Set of keys
At the signature of current agreement, Landlord gives PARISIAN HOME four sets of keys (doors, bins premises, mailbox)
corresponding to said premises and its appliances.
[nach oben] Furniture inventory
Current rent being agreed to be a furnished one, a bilateral
inventory of personal property will be made when the keys will be
given to PARISIAN HOME and when PARISIAN HOME will give them back.
Furniture inventory is attached to current agreement.
PARISIAN HOME shall be responsible for any deterioration or lost
in personal property, Landlord shall be responsible for proving
the worth of lost or deteriorated items. Landlord shall be responsible
for insuring items, which worth made them considered as precious.
Precious items included :
- Jewels and items in precious metal, precious stones and
pearls, whatever their worth.
- Hand-made rugs and tapestries, which unit worth is higher
than 2.000 €.
- Paintings, drawings, sculptures, engravings and lithography
assigned to an artist at least nationally renowned and which
unit worth is higher than 2.000 €.
- Trademark jewels and watches, whatever their metal, which
signature or trademark is renowned and which unit worth is higher
than 4.000 €.
- Art furniture and decoration prior to 1850 or representative
of styles (New Art, Art deco or modern Art) which unit worth is
higher than 4.000 €.
- Musical instruments, whatever their period, which unit
worth is higher than 6.000 €.
- Art items which fabrication is prior to about 1850 or
signed by an artist being at least nationally renowned and which
unit worth is higher than 2.000 €.
- Collections which unit worth is higher than 4.000 €.
[nach oben] Check-in
Bilateral check-in shall be made during the giving in of keys
to PARISIAN HOME and during the return of keys to Landlord by
PARISIAN HOME. Check-in is attached to current agreement.
For lack of check-in, presumption stated in the article 1731
of the French Law (Code Civil) shall be implemented but could not
be appealed for the one of the parties who would have impeded the
check-in.
At the end of agreement, when PARISIAN HOME will give back the
keys, a check-out shall be made between the parties. A meeting
shall be planned with PARISIAN HOME eight days in advance for
the check-out.
[nach oben] Tenant responsabilities
Beyond responsibilities linked to previous specifications,
it is agreed that Tenant shall :
- Pay the rent according to article 5 terms
- Abstain from ceding rental agreements except with explicit and
written agreement from Landlord, including for the price of the rent ;
- User paisiblement du logement destiné à l’habitation ;
- Occupy quietly the premises as housing ;
- Respect the building regulations and/or collective regulations
which are posted in the commons ;
- Conform with any demand or instruction made by Landlord in virtue of
decisions taken by general assemblies of co-owners, or building regulations
or collective regulations, and carry strictly out every measure ;
- Allow visits two hours a day, as soon as the notice was given or received,
or if the premises are to be sold. Schedule of visit will be agreed
between both parties. For lack of agreement, visits will be between
5pm and 7pm ;
- Maintain the rented space in order ;
- Be forthcoming regarding accidental defacements or damages of
personal and real properties, which detail is attached to current agreement,
occurring during rental period, unless a case can be made that it was a case
of force majeure, it was due to Landlord or to a third that he/she did not
bring in the apartment.
- Be responsible for potential degradations made by his/her or their
subtenant, except for any other repairs (Landlord is integrally responsible
for said other repair) ;
- Abstain from bringing furniture out of rented space ;
- Abstain from altering rented space, without written authorization
of Landlord. If Tenant were unaware or ignored this responsibility, Landlord
could compel for the initial layout of the premises and its appliances at the
departure of Tenant. Landlord could also keep the alterations unless Tenant
could claim for a compensation for fees taken for these alterations ;
- Abstain from installing and using other heating systems and systems
of hot water than those already installed at the signature of agreement or
those installed later by Landlord ;
- Abstain from interfering with repairs or other urgent work to be carried
out on the premises and collective space. Measures listed in second and third
indents of the article 1724 of French Law (Code Civil) are enforceable during these works ; however the rent would not be due if the apartment were to be unfit for rent during the works ;
- Give back all keys of rented premises to Landlord from the
departure and tell him/her Tenant’s new address ;
- Leave the premises and its appliances in clean condition so that
Landlord could rent again the premises.
[nach oben] Landlord responsabilities
It is agreed that Landlord shall :
- Deliver Tenant premises in good condition and make sure that
all appliances listed are in working order ;
- Keep up maintenance of the premises so that they may serve their
intended use and make necessary repairs, other than the rental repairs ;
- Be responsible for the maintenance of appliances listed in the
agreement, for small repairs and for all rental repairs defined in the
decree n° 97-712 (26 août 1987), except if they occur due to dilapidation, fault, building fault, fortuitous or force majeure ;
- Abstain from carrying out works in the premises during subleasing
, except for urgent work. Every work will be compensated to Tenant
for the disturb caused to subtenant, if the latter asks for ;
- Guarantee the Tenant’s right to enjoy undisturbed use of the
rented premises and prevent infringement of this right, even if he/she did not
know about these faults during the conclusion of this agreement, without
prejudice of the application of second indent of the article 1721 of the
French Law (Code Civil) ;
- Give Tenant a copy of the property certificate;
- Give for free a quittance when asked by Tenant;
- Always deliver a receipt in case Tenant makes a part-payment ;
- Subscribe a maintenance agreement, if he/she assesses it useful, for
appliance in the apartment and communicate if necessary a copy to
PARISIAN HOME;
- Have the chimney sweep out if needed once a year
- Do not visit or let a third visit the premises curding the rental
period of the current agreement, without telling Tenant at least ten days
before the visit, except for justified urgent case ;
- Rent an apartment to Tenant according to sanitary, spaciousness
and comfort conditions mentioned in the French Law loi SRU (13 décembre
2000, article 187-I and following) as well as in the decree N°87-149
(6 mars 1987) and shall satisfy all requirements of :
- Building and conformity,
- Security,
- Health,
including furnished appliances or items. Landlord also commits to respect
for the duration of the agreement every norms in power or to adapt at
his/her own initiative or on demand of Tenant ;
- Commit to declare any layout or modification in order to be
conformed to the description of the rented space ;
If these measures were not updated or respected, Tenant declines
responsibility or research of responsibility.
[nach oben] Booking procedure
Availability
- Landlord can book the premises for his/her personal use or any
other during the period subject of subleasing.
- Landlord has to communicate the availability of said premises.
- Landlord commits himself/herself to update the information provided
to PARISIAN HOME regarding availability, as soon as there is a modification.
Booking option
- This option is sent by mail to Landlord. Except explicit disagreement
of the latter within 24 hours from the date of sending, the option is
considered as agreed and is available for ten days, except for late bookings
ten days before the beginning of the stay.
- During this deadline of ten days, PARISIAN HOME can cancel the option.
In this case a cancellation notice would be sent to Landlord by mail.
Cancellation of the option during this deadline will not lead to any
compensation for Landlord.
- From receipt of payment of the booking deposit, a rental agreement
confirming the booking will be sent to Landlord by mail. In case of
disagreement between PARISIAN HOME and Landlord regarding the booking
confirmation, only the date and hour on the acknowledge receipt on the
mail will be an evidence.
- In case of cancellation from Landlord, the latter will have to cover
the price difference as part of a transfer and if necessary,
PARISIAN HOME has the right to invoice a compensation for the damage caused.
Booking simultaneity
- In case of booking simultaneity, especially with an offer coming
from Landlord or any other agency, A Parisian Home agreement shall
have priority on Landlord’s agreement.
[nach oben] Computer processing
Landlord declares having participated freely to the photos of
his/her apartment
In accordance with the French Law 6 janvier 1978; Landlord
authorizes explicitly PARISIAN HOME to capture the data included
in current agreement on computer file.
Landlord authorizes PARISIAN HOME to send photos and
description of his/her apartment by mail or fax in order to
sublease the premises, without revealing either Landlord’s
name or Landlord’s address.
Landlord authorizes PARISIAN HOME to publish photos and
description of Landlord’s apartment in advertising booklets,
press and Internet, in order to rent it, without revealing
either Landlord’s name or Landlord’s address.
Landlord has a right of access and rectification to be
expressed to mandatory. Modalities carried out will be fixed
on a common agreement.
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