Essential rental info

Which rental documents & guarantee proofs are landlords not allowed to request from tenants?

Posted at June 19, 2023
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Due to solid tenant protection in France, landlords often request a comprehensive rental file when selecting potential tenants for their long-term apartment rental in Paris. These rental documents help the owner assess the tenant's financial, professional, and familial stability to minimize the risk of unpaid rent. While requesting extensive supporting documentation from the tenant may be tempting, it is also essential to be aware of the tenant's right in France and that the law forbids asking for specific documents and justifications. For example, is it legal for a landlord to ask for bank statements in France? You will find all the answers to these questions here

What does the law say about rental files?

There are legal limitations on the rental documents that landlords can request from tenants. Article 22-2 of the July 6, 1989 law, which had a new paragraph added in October 2022, outlines these restrictions. To assess the tenant's financial stability, landlords can request proof of income, such as pay slips, income tax returns, and, if applicable, the most recent rent receipts if the tenant was previously renting. 

Additionally, landlords can also ask for a third-party guarantee. These provisions are in place to balance protecting tenants and ensuring landlords have the necessary information for evaluating tenant solvency.

What documents and proofs may a landlord not request from a prospective tenant?

  • Photograph of identity, except that of the proof of identity
  • Social security card
  • Copy of bank statement
  • Letter/Certificate of good financial standing to a bank
  • Certificate of zero outstanding debt
  • Direct debit authorization
  • Marriage settlement
  • Certificate of cohabitation or common life
  • Divorce judgment
  • Personal health record
  • Criminal record extracts
  • Employment certificate, if the tenant can provide an employment contract and their latest pay slips
  • A reservation cheque for the housing 
  • The request to deposit goods, assets, securities, or a certain amount of money exceeding monthly rent as a security deposit unless no guarantee deposit is available or the tenant subscribes to the autonomous guarantee as outlined in Article 2321 of the Civil Code.
  • Request more than two balance sheets for self-employed workers & freelancers.
  • A copy of the information contained in the national repayment incident file of consumer loans or information regarding non-registration in this file.​

To know more about what necessary rental documents and proofs the future tenant of a private dwelling needs to prepare in France, click the link here. 

In summary, landlords must know the restrictions and regulations regarding the rental support they can request from tenants. To ensure a smooth rental process and reliable tenants, landlords may seek assistance from a trustworthy Rental Agency, such as Paris Rental, that helps tenants to prepare a solid rental file for the owner, offering valuable support throughout the tenant selection process.

Credit Photo@MustangJoe

Sources: Maisonapart

Editor: Siyi CHEN

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