Legal basis of agreement
The current agreement is a lease governed by articles 1714 to 1762 of French Law Code Civil, relevant for this type of lease (real property for residential use) and, if necessary by articles L 632-1 and following of the French Law Code de la construction et de l’habitation for Landlord who rents habitually more than four furnished accommodations.
Terms stated in the paragraphs herein complete this legal basis.
Corresponding to one of the exceptions stated in the article 2 of the French law n° 89-462 (6 juillet 1989), the legal basis is neither governed by the terms of this law nor by the French law n° 48-1360 (1er septembre 1948).
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.
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.
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.
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).
On explicit convention between both parties, PARISIAN HOME will not provide to Landlord, who agrees, a security deposit.
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 €.
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.
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.
- 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 out strictly 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.
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
- 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.
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
- 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.
- This option is sent by mail to Landlord. Except 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.
- 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.
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.
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.