English | Specimen copy only
This lease is subject to the charges and conditions appearing on page 1 as well as the following general terms and conditions.
I - LEGAL STRUCTURE OF THE LEASE:
This lease is entered into as a temporary seasonal residence. The premises may not be used as a principal or secondary residence, and the tenant may not carry out any commercial, small business or professional activity on the premises. Accordingly, the lease will be governed solely by these provisions, and further subject to the provisions of the Civil Code.
The lease will atomatically terminate at the end of the term set forth on page 1, without need to give notice to terminate. The lease may not be extended without the landlord’s prior written consent. In no case may the tenant rely on any right to remain in the premises beyond the end of this term, for any reason whatsoever. Notwithstanding Article 1742 of the Civil Code, the tenant’s death shall terminate the lease.
III - FORMATION OF THE LEASE, RESERVATION BY THE TENANT:
The tenant making a reservation signs the lease and submits it to the landlord. The lease MUST be accompanied by a deposit in the amount set forth on page 1. The balance of the rent is payable in full upon handover of the keys when taking possession of the premises.
IV-CANCELLATION OF THE RESERVATION:
The tenant may cancel the reservation and terminate the lease without any penalty, by registered letter with acknowledgement of receipt or any equivalent means which allow proof of the dates of mailing and receipt, until 60 days prior to taking possession. The landlord will then return all amounts paid less abank fees for the transfer. The effective cancellation date is the day such letter is received by the landlord or its representative.
As from 60 days preceding possession of the premises, cancellation of the reservation by the tenant will result in the loss of the entire deposit paid to the landlord, under the penalty clause.
If the reservation is cancelled by the landlord, the landlord will return all amounts paid by the tenant.
V- RENT – SECURITY DEPOSIT
The amount of rent, any charges and the security deposit are set forth on page 1.
Upon arrival, at the time the keys are handed over, the tenant will pay the landlord or its representative the sum set forth on page 1, as a security deposit, to address any damage that may arise to the leased premises, the furnishings or other items decorating the premises.
The tenant shall replace any object that is lost, broken, deteriorated or destroyed, or shall pay the replacement value thereof to the landlord.
This security deposit, which does not bear interest, shall in no case be deemed a partial payment of rent.
After the keys are returned, if no deterioration is noted in the property condition report jointly prepared by the parties at the time of departure, the entire security deposit will be returned. Otherwise, the security deposit will be returned, less the amount of repairs to the premises, no later than 60 days following the tenant’s departure.
At the end of the lease, the flat must be in good condition such that the landlord or its representative is able to clean it during a two hour period and immediately relet the premises, which service is included in the rent. In the case of a failure to comply with this obligation, a sum covering additional housekeeping costs will be withheld from the security deposit if need be.
All keys must be returned to the landlord or its representative, otherwise the cost of changing the locks will be withheld from the security deposit.
At the end of the lease, the return of the keys to the landlord does not constitute the landlord’s waiver of compensation for repairs to the premises, whether such amount exceeds the sum of the security deposit, if the damage is shown to have been caused by the tenant.
VI - NUMBER OF OCCUPANTS:
The premises subject to this lease shall not be occupied by a number of people greater than that set forth in the special terms and conditions for any reason, without the prior consent of the landlord or its representative.
For apartments with one, two or three bedrooms and a sofa bed the tenant must indicate on the contract if the sofa bed is to be made up with the appropriate bed linen.
If necessary, the landlord or its representative may deny entry to the premises without any compensation and without returning the partial payment of rent.
The tenant must be insured by an insurance company known to be solvent against the risks of theft, fire and water damage, deterioration and loss, both for renter’s risks and for the leased property, as well as for third party claims, and shall present proof thereof upon the landlord’s request. Accordingly, the landlord shall not be liable for remedies that its insurance company may seek against the tenant in the event of loss.
In no case shall the host agent or the intermediary agent be held liable if the tenant is not insured. The tenant may request the landlord or its representative to put it in contact with a French insurance company from which it can take out a policy for the duration of the stay.
VIII – PRINCIPAL OBLIGATIONS OF THE TENANT:
1. Only occupy the premises for residential purposes, to the exclusion of all business, professional or industrial use. The tenant acknowledges that this rental is granted ONLY as a TEMPORARY SEASONAL RESIDENCE, a major condition without which this lease would not have been granted.
2. Do nothing which, by its actions or those of the tenant’s family or relations, could harm the peaceful enjoyment of neighbours or other occupants.
3. In the event of a rental in a jointly-owned building, comply with the joint ownership arrangement as an occupant of the premises, of which the tenant has knowledge by posting or upon being provided it by the landlord at the tenant’s request. The tenant shall also comply with community living rules set forth in the welcome booklet, which will be available to the tenant in the leased flat.
3-1. The tenant shall dutifully comply with waste sorting rules in effect within the joint ownership and as set forth in the welcome booklet.
4. Personally occupy the property and IN NO CASE sublet, even at no charge, or assign rights to this lease, except with the written consent of the landlord.
5. In no case remove the furnishings, except for personal effects related to the seasonal tourism stay.
6. Do not modify or change the layout of the furnishings or the premises.
7. Do not bring any pets (cats, dogs, etc.) to the leased property without the landlord’s prior written consent.
8. During the rental period, allow work to be carried out at the rental property when manifest urgency does not permit such work to be postponed.
9. Maintain the leased property and return it in clean condition and in good repair at the end of occupancy. In the event the flat is not returned in good condition, with dishes washed and put away, each additional hour of housekeeping required will be invoiced at €60, all tax included. Furthermore, the wastebaskets must be emptied and cleaned upon handing over the premises. Failing this, the amount of €25, all tax included, per wastebasket will be withheld from the security deposit.
10. IMMEDIATELY inform the landlord or its representative of any loss, deterioration or problem with the operation of equipment in the flat, even if no apparent damage arises therefrom.
11. Address damage and loss which occur by its own fault or by the fault of those in the home during occupancy of the premises, unless it is shown that such damage occurred without fault or was not the fault of the persons described above.
12. Provide the approximate day and time of arrival at the flat upon signing the lease, with the exact time of arrival at the airport or train station to be confirmed 15 days in advance.
13. Comply with the exact meeting time determined upon arrival for departure formalities.
14. Do not smoke in the flat or in the common areas.
VIII – PRINCIPAL OBLIGATIONS OF THE LANDLORD:
1. Deliver the leased premises clean, in good working condition and in good repair, and deliver the equipment listed in the lease in good operating condition.
2. Ensure the tenant’s peaceful enjoyment of the leased premises and guarantee it against faults and defects that impede such peaceful enjoyment.
3. Maintain the premises in such condition to meet the intended contractual use.
4. Except in case of manifest urgency, do not perform work on the leased premises during the term of the lease ; all work, except for that undertaken in the common areas at the initiative of the Owners Association, will result in compensation to the tenant for disturbance to the tenant’s enjoyment of the property.
5. In the case of a rental in a jointly-owned building, INFORM the tenant of the building’s internal rules or POST THEM IN THE COMMON AREAS OF THE BUILDING.
IX - 2 – LIMITATION OF LIABILITY OF THE LANDLORD:
1. Each flat located above the ground floor shall have permanent access via a staircase, making it possible to use the flat. When the building has a lift, in no case shall the landlord be held liable for any inconvenience caused to the tenant by any breakdown, temporary halt for ongoing maintenance, or more generally, any malfunction of this lift, even when the tenant can not use the staircase for personal reasons, and the tenant did not opt for a ground floor flat. In the event of breakdown, the tenant shall immediately inform the landlord or its representative, which agrees only to inform the company responsible for maintenance or security so that it can take immediate action. The tenant expressly acknowledges being informed that certain lift landings may be located between floors, which are accessible by staircase, or that the lift may not serve the top floors of the buildings.
2. The tenant expressly acknowledges being informed that the specific configuration of Parisian buildings and rented flats, especially in old buildings, does not enable us to ensure access or use that is accessible to or adapted for people with disabilities, especially wheelchair users, for which the landlord shall not be liable.
3. The landlord shall not be held liable for any cut-off or breakdown in access to the Internet or a modem. The tenant shall immediately inform the landlord of the malfunction; the landlord agrees only to inform the access provider for the purposes of re-establishing service.
4. The landlord shall never be bound by the acts of a third party. In particular, the landlord shall not be liable for inconvenience arising from traffic, or more generally noise emanating from the street.
In the event of force majeure or a cause unrelated to the landlord which makes the leased flat unavailable on the dates for which it was booked, the landlord or its representative will offer the tenant the use of another flat of equivalent comfort and location. In the event of an unwarranted refusal by the tenant, the landlord shall in no case be liable for any inconvenience arising from the unavailability of the leased premises.
X-CHOICE OF DOMICILE:
For the performance of this lease, the parties choose to be domiciled at their respective addresses set forth on page 1.
In the case of non-payment of rent on the agreed-upon dates or of consumption costs arising from this lease (electricity, gas, telephone and any taxes), as in the case of failure to perform or
violation of one of the provisions of this lease, eight days after notice remains without effect the landlord may demand immediate termination of this lease. The applicability of the avoidance clause may be noted in court and eviction ordered by a simple provisional order, without prejudice to any action concerning compensation for damage incurred by the landlord.
XII - JURISDICTION CLAUSE AND APPLICABLE LAW
French law shall apply to this lease. In the event of a dispute, the parties assign jurisdiction to the Paris courts.