Introduction

A French residential lease does not work on the simple principle that anything not written in the contract does not exist.

For principal-residence tenancies, the French Law of 6 July 1989 imposes many rules that apply even where the lease does not repeat them. By contrast, some mechanisms only exist where the contract expressly provides for them.

Annual IRL rent review is the clearest example: if the lease contains no rent-review clause, the landlord cannot later introduce an annual IRL increase simply because French law regulates the index.

There are also two further situations:

• a clause exists but a detail is missing, and statute provides a fallback rule;
• mandatory information is omitted, but the consequence depends on the missing information and is not automatically cancellation of the entire lease.

Finally, a clause can be clearly written and signed yet still be treated as unwritten because French law prohibits it.

This guide answers a practical question:

What must be written in a French lease, and what happens when it is not?

It mainly concerns principal-residence leases governed by the Law of 6 July 1989. Rules differ for unfurnished, furnished, shared and mobility leases.

1. Six situations to distinguish

2. Why can statutory rules apply without being copied into the lease?

Article 2 of the 1989 Law makes the relevant provisions mandatory. The lease therefore does not replace legislation.

No clause in the lease does not necessarily mean no legal rule.

PART I — MECHANISMS THAT REQUIRE A CONTRACTUAL CLAUSE

3. Annual IRL rent review: no clause, no annual review

Article 17-1 applies where the contract provides for rent review.

Example: rent is €1,000 per month and the lease contains no review clause. A rise in the IRL does not itself create a new indexed rent.

No rent-review clause = no annual IRL review.

4. IRL clause exists but no review date is stated

Where the lease provides for annual review but states no date, French law supplies the fallback: review takes place at the end of each year of the contract.

5. IRL clause exists but no reference quarter is stated

Where the contract does not specify the reference date for the index, the statutory fallback is the last index published on the signing date.

6. Security deposit: its existence must be contractual

Article 22 applies where a security deposit is provided for by the lease.

If the signed lease contains no deposit, the landlord should not later behave as though one had been agreed at the outset merely because deposits are legally permitted in some leases.

Existence of deposit = contractual.
Rules governing an agreed deposit = largely statutory.

7. Rent increase linked to improvement work

Certain increases linked to agreed improvement work require an express contractual agreement, in the lease or an amendment. Carrying out work does not by itself create an automatic right to increase rent.

8. Co-tenant solidarity is not simply presumed

In an ordinary shared lease, contractual solidarity may be included within statutory limits. If no solidarity clause exists, the landlord should not invent contractual solidarity merely because several tenants signed the same lease.

Separate statutory rules may apply depending on the occupants' legal status.

9. Flat-rate or advance service charges

Distinguish recoverable charges, whose scope is set by law, from the contractual payment method. For shared rentals, the chosen method must be identifiable in the contract where the regime offers alternatives.

PART II — RULES THAT APPLY EVEN IF THE LEASE IS SILENT

10. Tenant maintenance duties

Statutory duties include rent and recoverable-charge payment, peaceful use, responsibility for certain losses and damage, routine maintenance, tenant repairs and insurance, subject to legal exceptions.

A lease does not need to recreate these duties from scratch.

11. Landlord repair duties

Silence does not transfer all repairs to the tenant. Responsibility depends on legislation and the cause of the defect.

12. Tenant insurance

Insurance against tenant risks is a statutory duty. The lease may remind the tenant of it but does not create the duty by itself.

13. Monthly payment on tenant request

Article 7 provides that monthly payment is a right when requested by the tenant. A contractual quarterly payment schedule does not necessarily remove that statutory right.

14. Subletting: silence is not permission

Article 8 requires the landlord's written consent to assignment or subletting, including agreement on price.

A lease that says nothing about subletting therefore does not grant permission.

15. Notice rules

Tenant notice, reduced notice where applicable, landlord notice and statutory deadlines are governed primarily by law and do not disappear because the lease is brief.

16. Minimum term and renewal

Statutory terms and renewal/reconduction rules depend on the tenancy regime. Silence does not create freedom to ignore them.

17. Recoverable charges

A broad clause cannot make every condominium expense recoverable from the tenant. The legal regime determines recoverability.

PART III — MANDATORY LEASE INFORMATION

18. Written lease and statutory model

Article 3 requires a written lease following the applicable statutory model.

The simplistic statement “one mandatory item is missing, therefore the entire lease is void” is unsafe. Consequences depend on the missing item.

19. Identity of the parties

The lease must identify the landlord, tenant and any relevant representative, with the required address details.

20. Start date and duration

These are mandatory. The consequence of a missing duration depends on the regime; for a mobility lease, absence of the duration is one of the defects that prevents the mobility regime from applying.

21. Property description and habitable floor area

The contract states the nature and use of the property, habitable floor area, private premises/equipment and relevant shared facilities.

Where actual habitable area is more than 5% below the stated area, Article 3-1 provides a specific rent-reduction mechanism at the tenant's request, subject to its conditions.

This shows that defective mandatory information may have a targeted statutory remedy rather than automatically voiding the entire lease.

22. Rent and payment arrangements

The lease states rent, payment arrangements and any rent-review rules. If annual review has not been chosen, it should not be invented later.

23. Previous tenant's rent

Where required, the lease includes the amount and date of the rent paid by the previous tenant.

24. Work carried out before the new lease

The statutory model may require information about certain work carried out since the previous tenancy or renewal. This is separate from an express agreement to increase rent following improvement work.

25. Rent-control areas

Where a specific rent-control regime applies, additional reference-rent information may be required, and any permitted rent supplement must meet its own conditions.

PART IV — WRITTEN BUT UNENFORCEABLE: PROHIBITED CLAUSES

26. A signed clause can still be treated as unwritten

Article 4 lists a range of prohibited terms. Signature does not make them valid.

27. Mandatory automatic debit

A clause requiring automatic debit as the compulsory payment method is treated as unwritten.

28. Landlord-selected insurer

The tenant must be insured, but the landlord cannot force a particular insurance company through the lease.

29. Collective liability for common-area damage

A clause automatically making tenants collectively liable for damage to a common element is among the prohibited terms.

30. Repair costs based solely on the landlord's own estimate

A lease cannot validly give the landlord unrestricted power to impose repair amounts solely from a unilateral estimate.

31. Excessive viewing obligations

French law also limits clauses requiring viewings for sale or reletting at prohibited times or for excessive durations.

PART V — TERMINATION CLAUSE: A SPECIAL CASE SINCE 2023

32. Residential leases must contain the Article 24 termination clause

Since the 2023 reform, Article 24 requires covered residential leases to contain a termination clause for specified non-payment of rent, charges or the agreed security deposit.

This is not comparable with IRL review.

IRL: no clause = no annual review.
Article 24 termination clause: statute requires the contract to contain it.

An omission should therefore be treated as a drafting defect requiring correction, not merely as a voluntary choice to omit an optional mechanism. Precise litigation consequences should be assessed under the applicable law and case law.

PART VI — MOBILITY LEASE

33. Core wording conditions the regime itself

Official French guidance states that a mobility lease must include, among other items:

• its duration;
• the qualifying reason;
• wording identifying it as a mobility lease governed by the relevant provisions of the 1989 Law.

If specified core wording is missing, the mobility-lease regime does not apply.

34. No security deposit in a mobility lease

A mobility lease may not require a security deposit and must state that prohibition.

35. No co-tenant solidarity clause in a mobility lease

A mobility lease may not contain a solidarity clause between co-tenants or their guarantors.

PART VII — FURNISHED RENTALS

36. Furniture inventory

A detailed furniture inventory and condition record are essential to show what was present and in what condition. Weak documentation creates evidential problems at move-out.

37. Furnished tenancy duration

Furnished principal-residence leases have their own duration rules. Student and mobility leases have further specific regimes.

PART VIII — ANNEXES

38. Technical diagnostic file

Required diagnostics depend on the property, its age, installations, location and lease date. They may cover energy performance, risks, lead, gas/electricity and noise, among other items.

39. Statutory information notice

For covered leases, the official notice explaining landlord and tenant rights and duties is annexed to the contract.

40. Property inspection

The move-in inspection is a separate document established when keys are delivered and preserved for move-out comparison.

41. Condominium information

Where relevant, required information on building use and private/common areas should be provided under the applicable rules.

PART IX — “WHAT IF IT IS NOT WRITTEN?” SUMMARY

42. Practical matrix

PART X — HOW TO AUDIT A LEASE BEFORE SIGNING

43. Step 1 — Identify the exact tenancy regime

Unfurnished, furnished, student, mobility lease, single shared lease, individual room leases or another regime?

A clause valid in one regime may be unnecessary or prohibited in another.

44. Step 2 — Check mandatory information

Review the parties, address details, start date, duration, property description, floor area, equipment, rent, payment arrangements, charges, any review provision and additional regulatory information.

45. Step 3 — Identify mechanisms requiring a clause

Ask whether the landlord expects to rely later on IRL review, permitted co-tenant solidarity, a particular charge arrangement or an agreed improvement-linked rent increase.

46. Step 4 — Search for prohibited terms

A clear clause can still be unlawful and treated as unwritten.

47. Step 5 — Check annexes

Prepare a property-specific checklist for diagnostics, statutory notice, move-in inspection, furniture inventory, condominium information and other required documents.

48. Step 6 — Never invent the rule when the lease is silent

When something is missing:

1. identify the subject;
2. ask whether statute directly imposes a rule;
3. ask whether an express clause is required;
4. look for a statutory fallback;
5. check whether the missing mandatory statement has a specific consequence.

PART XI — PRACTICAL EXAMPLES

49. No IRL clause

Unfurnished lease, €950 rent, no review clause. IRL rises one year later.

Result: no annual IRL review under Article 17-1.

50. IRL clause with no reference quarter

“Annual review according to IRL”, no quarter stated.

Result: statutory fallback uses the last index published on signing date.

51. No maintenance paragraph

Result: statutory tenant-maintenance duties still apply.

52. No subletting clause

Result: silence is not permission; written landlord consent remains necessary.

53. Shared lease without solidarity

Result: do not invent contractual solidarity merely because several tenants signed.

54. No security deposit term

Result: landlord should not later treat a deposit as if it had been contractually agreed at signing.

55. Mandatory automatic debit

Result: prohibited term treated as unwritten.

56. Landlord-selected insurer

Result: insurance duty applies; imposed insurer does not.

57. Mobility lease without qualifying reason

Result: official French guidance states that the mobility-lease regime does not apply.

58. F/G property with IRL clause

Result: the contractual clause cannot override the statutory restriction.

59. Improvement work with no rent-increase agreement

Result: work itself does not create an automatic rent increase.

60. Incorrect floor area

Lease: 50 m²; actual habitable area: 46 m².

The difference exceeds 5%.

Result: Article 3-1 provides a specific rent-reduction procedure, subject to its conditions.

Key takeaways

• French residential leases do not follow a simple “not written = not applicable” rule.
• Many statutory provisions apply directly.
• Other mechanisms require an express clause.
• Annual IRL review does not exist without a review clause.
• Missing details in an IRL clause may be supplied by statutory fallback rules.
• A security deposit must be contractually provided for.
• Maintenance, insurance and certain payment rules arise directly from statute.
• Silence on subletting is not consent.
• Contractual co-tenant solidarity should not be invented where no clause exists.
• A written clause may still be treated as unwritten if prohibited.
• Missing mandatory information does not automatically void the whole lease.
• Missing core mobility-lease wording may make that special regime unavailable.
• Annexes must be checked against the actual property and tenancy type.
• Always identify whether the relevant rule is mandatory, optional, default, required wording or prohibited.

Conclusion

When a lease is silent, the right question is not simply:

“Is it written?”

but:

“What kind of legal rule is this, and what does French law provide when the contract is silent?”

Depending on the issue, statute may apply directly, a mechanism may fail for lack of a clause, statute may fill in a missing detail, the incomplete lease may need correction, a special regime may become unavailable, or a written clause may be treated as unwritten.

This framework helps landlords and tenants interpret leases consistently and avoid opportunistic readings once a dispute begins.

Related articles

Security deposit deductions in France: what can a landlord charge?

Wear and tear vs damage in a French rental

Property inspection dispute: what should landlords and tenants do?

---

Main legal sources

• French Law no. 89-462 of 6 July 1989, including Articles 2, 3, 3-1, 4, 7, 8, 8-1, 17-1, 22, 23 and 24, plus furnished-rental and mobility-lease provisions.
• Regulations establishing the statutory principal-residence lease model.
• Service-Public.fr guidance on residential leases and mobility leases.
• ANIL analyses, including shared rentals without a solidarity clause.

General information only. This article is not personalized legal advice. Rules should be checked against the lease date, property location, tenancy type and parties' circumstances.