The civil code lease, much more flexible than the classic lease, does not provide for a minimum duration or notice period.
A few weeks before the start of the student year, rental housing advertisements specifying “civil code lease only” are multiplying. We take a look at the specificities of this lease and its limits.
On paper, we understand the interest for the owner to have a civil surety code This is a much more flexible contract than the classic lease, known as the “1989 law”, which is very regulated.
First major advantage, the rent control does not apply. There is also no minimum lease term: the owner sets it with the tenant, whereas in traditional leases the term is 3 years, tacitly renewable.
The same applies to the notice period for giving notice to the tenant, which is also freely set and can therefore theoretically be reduced to just a few days.
For tenants looking for a second home
A very flexible lease for the owner but which has a limit: legally it can only be applied to tenants looking for a second home and not their main home.
Initially, this lease was moreover reserved for companies to accommodate mobile employees. Except that now, they are proliferating on all the advertisement sites. And for good reason, owners are looking more than ever to maximize their rental income.
You must therefore be vigilant. If you are a student tenant, it will be more difficult to prove that it is not a second home if you are still domiciled for tax purposes with your parents.
Finally, if you are the owner, you expose yourself to legal risks. The key is the reimbursement of the sums that you have unduly received and probably damages.