European Consumer Centre France

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1 Kehl, July 2011 HOLIDAY RENTALS IN FRANCE: Tips to avoid tricks on Internet How to find a holiday rental 1? If you want to find a holiday rental you have the choice either to contact the tourist information centre of the place where you are spending your holidays or to call on a real estate office. You can also visit specific websites. In this last case you should be particularly careful: the house shown on the website may not correspond to the one you were dreaming about airport, construction site nearby, a long way from the beach, and so on -. You should be aware that most of these websites only publish holiday rental ads in order to allow holidaymakers to contact landlords. They are neither real estate offices nor middlemen in these rental agreements. They are not paid on a commission when a rental is made and subsequently cannot be held responsible for the disputes which occur between a tenant and a landlord. Choose carefully your landlord! Before you sign Do not hesitate to look on other websites and chat rooms if assessments of this landlord or rental are made by other holidaymakers. Tip: Check on websites such as if the accommodation is well situated. Thus, you will be sure that the mentioned address is right and that your accommodation is really at the seaside for instance. The rental agreements If a rental agreement is made through either a travel agency or the landlord, the contract must be in writing and contain the following elements: Where the rental agreement is between two private persons, a written contract isn t compulsory, but is always recommended. the identity of the landlord and the tenant, the rental period (dates, and hours of arrival and departure), the geographical situation of the property and its location in the city or town, a signed inventory of fixtures and fittings including the number and surface of the rooms, the building location in the locality, the different domestic appliances and modern conveniences and so on (see below), 1 A holiday rental is a rental of a property for a maximum duration of 90 days, non-renewable.

2 the price (freely set by the lessor), a breakdown of the rental expenses (services charge included in this price: Generally the tenant pays for electricity, water or telephone usage), the security deposit, le dépôt de garantie (freely set by the landlord): if the landlord demands a cash payment of the security deposit, you should keep a proof of this payment (for example a receipt quittance or a note on the rental agreement signed by the landlord) (also see below), the down payment ( acompte ).The down payment acompte you pay represents a definitive commitment. If you cancel your agreement you will have to compensate the landlord for the damage generated by the cancellation. If foreseen in the contract, the compensation to be paid to the landlord will most often correspond to the amount of the sum you paid in advance or to a certain rate of the total rental price. If the landlord withdraws from the contract he is obliged to reimburse the acompte and if provided in the contract, some penalties. Don t mistake acompte for arrhes : if the sum to pay in advance is called arrhes in the contract in case of cancellation by the tenant, this sum will be totally lost. If the landlord withdraws from the contract, he is obliged to reimburse the tenant with the double amount of arrhes. Last but not least: if the contract does not mention clearly if the down payment is to be considered acompte or arrhes the down payment is an acompte. If your contract is concluded with a business, the advance payment can t be more than 25% of the total price, and cannot be asked for more than 6 months before your stay in the accommodation. A private owner can freely decide on the amount of the advance payment but we would dvise not to give more than 25 % of the rental price. Keep a written copy/proof of this payment. Don t pay a sum of money to a middleman (for example Western Union or MoneyGram ) if you don t know your landlord or can t verify his/her identity. The commission (only for a rental agency). The tourism tax exists in several European countries such as Germany, Italy, Austria, the Netherlands and Greece. For a stay in France (for instance: in some places at the seaside or in the mountains), visitors are usually asked to pay a tourism tax which is fixed by the local authority, and varies from 0,2 to 1,5 per person per day, according to the quality and standard of the accommodation. Where the tourism tax is not a flat rate, children less than 4 years are exempt, and children under 10 only charged at half the rate.this tax is collected by the owner of the accommodation, and will be included in your hotel bill, rent, etc. The cancellation conditions : If you cannot leave any more for professional or health reasons contact your landlord to find an amicable solution. If the latter does not want to refund the paid sums ask for a postponement of your rental at another date.

3 Another solution would be to find a different tenant, who is interested in this holiday accommodation. Obligations resulting from the rental agreement The tenant has to pay the rent on the date stated in the rental agreement. The owner has to supply accommodation which corresponds to the description he gave; he must do repairs and replace defective equipment. The owner has no automatic right to enter rented accommodation, only if the tenant request this e.g. when any of the fixtures need repairing. Important: the tenant is responsible for all damages incurred during his/her stay, except for damage due to an existing defect or due to normal wear and tear. If no état des lieux has been done, the tenant is presumed to have received the accommodation in good condition. If the accommodation was not in good condition when the tenant took it over, the tenant therefore risks being held responsible for any damage caused by previous tenants. Be careful about unfair terms in the contract such as those: - declaring that the apartment is provided in good condition, when there has been no inspection by the consumer and/or no inventory of fixtures ( état des lieux ) - allowing a period of less than 3 days for the consumer to report their observations on the condition of the accommodation - not allowing for an inspection and/or inventory of fixtures to be made when the consumer leaves the accommodation - authorising the refund of the security deposit only to take place 60 days after the departure of the tenant these clauses are not justified indeed because holiday rentals are only for a short time. In addition to that the état des lieux the inventory of the fixtures and fittings - must enable you to get immediately back your security deposit when you leave. Insurance: compulsory when you rent in France All tenants, even for a holiday rental, are required to have a comprehensive insurance policy ( assurance habitation ), insuring against fire, water, ice and storm damage, as well as for damages involving family members and to a third party. It is unlawful not to have this insurance and the tenant can be held liable for any damages occurring during his stay; and can be refused compensation if he is the victim of an incident. Home contents insurance is not usually sufficient because this does not cover risks to a building; but ask your insurance company before you sign the rental agreement exactly what is covered. Also some agencies offer clients extra insurance for their stay in France.

4 On arrival Inspection and inventory of the place you have rented (état des lieux) An inspection and inventory of fixtures should be done by the landlord and the tenant together. a written inventory of the fixtures must be made. It is important to note both what is missing, and any defects that are visible on the different items of furniture, etc. It is very important to make a precise note of all the problems that are present (mould, loose shower head, etc.). Afterwards, whenever you notice a problem in the property, contact the landlord or the agency immediately; otherwise they may hold you responsible for the damage and keep part of the security deposit. If no état des lieux has been agreed the tenant is presumed to have entered the property in good condition. Be sure you have got name and address of the landlord if you need to get in touch with him should a problem arise. On arrival, I find that the accommodation is different from that promised: what can I do? If rented accommodation does not correspond to the description, you need to indicate all the differences, (e.g. with the furniture, number of rooms, etc.) on the état des lieux. You should consider withholding the rent until you have settled this problem with the landlord or his representative. Do not forget to gather documents in support photos, oral evidence/testimonies, findings of a bailiff, in order to take proceedings against the landlord. Ask the landlord for a partial reimbursement of the rental price by a recommended letter with proof of delivery. For a rental in France: if the advertisement of the owner (or the rental agency) is different from that promised, you can sue him for misleading advertisement (which is considered as a offence in the article L of the French code of consumption). In the worst cases (ex: rental still under construction or insalubrity), you can ask for the cancellation of the rental agreement. That s why it is very important to make an «état des lieux» when you enter and leave the property. For annoyances or poor standards, you might be able to hold the landlord responsible (article 1147 of the French civil code) and ask for a compensation of the amount of the prejudice. Etat des lieux de sortie Leaving the property Just as when you entered the property, an état des lieux should be completed before leaving. It guarantees that the tenant will not have to pay any extra charges which are not his/her responsibility. Also, don t forget to read the meters if a separate invoice for the consumption is foreseen in the agreement. If there is no deterioration in

5 the condition of the property the owner has to give back the deposit immediately. If you want one, the owner can also give you a reçu pour solde de tout compte, meaning that you do not owe him anything else. Security deposit Besides, the security deposit must be given immediately back to you. However, if there are outstanding expenses that you have to pay for, or if damage is noted, the security deposit can be held back for compensation of the expenses but the rest must be repaid within a reasonable period - after the deduction for expenses has been made. In terms of the law, a reasonable period is up to 2 months. The tenant is entitled to ask for proof of expenses he is asked to pay for (e.g. to have a copy of the estimates, invoices etc). If no état des lieux has been agreed, the tenant is presumed to have left the property in good condition, and the landlord cannot ask for any additional costs for damage that you may have caused during your stay. If you cannot find an amicable settlement to your dispute concerning a rental with a professional located in another European Member state, Iceland or Norway, don t hesitate to contact your national ECC! The European Consumer Centres (ECCs) will try to help in finding an amicable settlement. Further information under: Updated in July 2011