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Student Accommodation: Why Choose a Notarial Lease?
Many families seek rental accommodation for their children who have become students.
What Is a Student Lease?
The student lease is specifically designed to accommodate the constraints of students. It corresponds to the academic year, with a duration of nine months (Article 25-7 of Law No. 89-462 of 6 July 1989), thereby avoiding the payment of rent during the summer vacation.
The tenant is not required to give notice at the end of the lease. In order to retain the accommodation, a new lease must be signed. The student lease constitutes a variant of the standard furnished tenancy. Accordingly, the property must necessarily be furnished, meaning it must be equipped with furniture of sufficient quantity and quality to enable the tenant to sleep and eat therein.
What Options Are Available for a Longer Tenancy?
The following options are available for a longer duration:
- the mobility lease (between one and ten months, non-renewable and non-extendable, although it may be amended once by way of a supplemental agreement provided the total duration does not exceed ten months);
- the standard furnished tenancy (for a minimum term of one year, renewable);
- the unfurnished residential tenancy (for a term of three years with three months’ notice).
A landlord may combine a student lease with a seasonal letting arrangement to achieve an attractive rental yield. Further alternatives also exist, including furnished room lets, shared tenancies, and intergenerational shared housing.
Why Choose a Notarial Lease?
When entering into a lease agreement, the parties may choose between a notarial lease, drafted and executed before a notary, or a private agreement signed directly between the landlord and the tenant. The notary acts as legal adviser to their clients and, having ascertained their wishes, drafts a balanced agreement that protects all parties.
A notarial lease constitutes an enforceable instrument (titre exécutoire), meaning it carries the same force as a court judgment. The landlord may thereby enforce the tenant’s obligations directly, without the need to bring proceedings before a court. For example, the landlord may instruct a bailiff (huissier de justice) directly to recover unpaid rent. The notary ensures compliance with all statutory formalities (including the provision of mandatory surveys and certificates) and that the contractual terms are consistent with the applicable regulations.
What Are the Costs of a Notarial Lease?
The fees relating to the inventory of fixtures, property viewings, file preparation and lease drafting are shared equally between the landlord and the tenant. They amount to one half of the monthly rent exclusive of service charges.
