Published on 01/25/2019
After the adoption of the Alur law in March 2014, the world of real estate in France must follow and apply a certain number of changes. These concern in particular owners and real estate professionals. At the same time, town planning regulations have also been modified. In order to better understand the effects of the adoption of this law by Cécile Duflot, owners are invited to consider the following points.
Before signing a promise to sell, the owner-seller has the obligation to give the buyer a certain number of administrative documents. These include documents relating to the property for sale such as the title deed, documents relating to the personal situation of the seller such as an extract from his birth certificate, a copy of his marriage certificate, etc. Finally, the owner must also be able to provide all the documents justifying the work carried out on the object of the sale as well as all the other documents required by law.
Nowadays, owners of real estate located in municipalities with more than 50,000 inhabitants must set their rents according to the reference rents corresponding to the categories of their property. In practice, the amount of rent exempt from charges may under no circumstances exceed the reference rent with an increase of 20%. The increase or revision of the amount of rent is governed and defined annually by a decree. In addition to this, the law requires the landlord to mention the reference rent as well as the maximum rent authorized in the lease contract.
In order to limit the risk of legal disputes, the lease contract has been standardized. A single model contract was therefore adopted and its use became mandatory in 2005. In reality, this measure was adopted to help and protect, in a way, tenants. In addition, this new type of contract must include all the information related to the rental property that the texts deem useful. These include, for example, the energies used, the heating system adopted and the different dates relating to the payment and revision of rents.
Now, the Alur law is much more favorable to tenants in terms of holidays. Indeed, the owners must respect the rules before giving a leave. If necessary, any fraudulent act will be liable to be sanctioned by a fine of €6,000. Similarly, irregular expulsion is punishable by 3 years imprisonment and a fine of €30,000. On the tenant side, they have the right to give notice to their landlords but they must however respect the notice periods agreed in the lease contract. But it should be noted that the terms of leave are different between empty rental and furnished rental.
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