Drafting a residential tenancy agreement: mandatory details

To let a property that is the tenant's main residence, the landlord must draw up a written contract complying with the regulatory template and attach the required documents. The mandatory information in a residential tenancy agreement notably concerns the parties, the property, the rent and the contract term.

The information to be checked also depends on whether the rental is furnished or unfurnished and on the property's circumstances. In Saint-Denis, for a tenancy agreement signed or renewed up to 24 November 2026 (the end of the rent-control trial), information about the rent notably includes the applicable reference rents in Plaine Commune.

A written agreement suited to the rental

The tenancy agreement sets out the rights and obligations of the landlord and tenant. When the property is the tenant's main residence, it must be drawn up in writing, with a copy for each party. It may take the form of a private agreement or an authenticated deed.

The contract content must comply with the regulatory tenancy agreement template. For a furnished rental, Service-Public.fr states that the template to use is the one in force on the date of signature. The official tenancy agreement information sheet distinguishes between unfurnished and furnished rentals: select the situation corresponding to your property to view the applicable guidance.

A template does not relieve you of the need to provide the information specific to the rental. The parties' identities, the property's characteristics and the amounts stated must correspond to the actual situation.

Identify the parties and describe the property

The tenancy agreement must specify the landlord's first name and surname, or company name, as well as their address or registered office. It states whether they are an individual or a legal entity. The first names and surnames of the tenant or tenants must also appear in it.

If an agent represents the landlord, the agreement states their name or company name, address and professional activity. The owner's and tenant's email addresses are optional. For an unfurnished tenancy agreement signed since 1 October 2026, the mobile telephone numbers of these parties are also stated as optional.

The description of the property includes in particular:

• its tax identifier and its energy performance certificate rating, or EPC; this information is not required for properties located in Mayotte, Réunion, French Guiana, Martinique or Guadeloupe;
• the intended use of the building and the location of the property;
• the type of property, house or flat, whether it is part of a co-owned building and the number of rooms;
• private and communal facilities;
• the nature and amount of the work carried out since the last tenancy agreement or its last renewal;
• the habitable floor area.

For an unfurnished tenancy agreement signed since 1 October 2026, the official information sheet also provides, where necessary, for mentioning an easement relating to the main residence. For a property in leasehold co-ownership, the description in the contract is supplemented by an extract from the co-ownership regulations to be attached to the tenancy agreement.

Enter the rent and sums related to the rental

The tenancy agreement states the rent amount, its payment date and frequency, as well as the rules for any review. It also specifies how charges are to be paid and the amount of the deposit where one is required.

The amount of the last rent charged to the previous tenant must appear in the contract if they left the property less than 18 months ago. The tenancy agreement also states an estimate of the theoretical heating cost and specifies the year used for the energy prices employed in this calculation.

For a property located in the Plaine Commune area and a tenancy agreement signed or renewed up to 24 November 2026 (end of the rent-control trial), the agreement must also include the reference rent and the increased reference rent. If a rent supplement is necessary, its amount and justification must also be included. This information is in addition to the details concerning payment, charges and, where applicable, the deposit.

Information about reference rents depends on the area where the property is located. For a property outside Plaine Commune, consult the Service-Public.fr information sheet by selecting the corresponding geographical situation. After 24 November 2026, check whether the rent controls have been extended by a new text.

For an unfurnished rental entrusted by the owner to a professional for the purpose of letting the property, the tenancy agreement reproduces the rules for sharing costs set out in Article 5 I of the 1989 Act and states the applicable billing caps for the tenant.

Specify the date and duration of an unfurnished rental

For an unfurnished rental, the contract must state the date on which it takes effect and its duration. The minimum term is 3 years when the landlord is an individual and 6 years when they are a legal entity, such as a company or association.

A shorter term, of at least 1 year, may be provided for if the owner plans to repossess the property for family or professional reasons. The reason for this repossession must be stated in the tenancy agreement.

The landlord must confirm to the tenant that the event has taken place and that the property will be repossessed on the agreed date. They send this confirmation by recorded delivery with acknowledgement of receipt, at least 2 months before the end of the tenancy agreement. If the event does not take place or is not confirmed, the tenancy continues until the 3-year period expires.

When the unfurnished tenancy agreement expires, if neither the owner nor the tenant has given notice, the agreement is automatically extended or renewed at the owner's proposal. For a furnished rental, check the information specific to this situation on the official page before entering the duration.

Attach the diagnostics and other applicable documents

The technical diagnostics file is attached to the tenancy agreement. For an unfurnished rental, the administration's information sheet states that it comprises the following documents:

• a valid EPC and a statement of the risk of exposure to lead;
• a condition report for the internal electricity installation if it is more than 15 years old, and a condition report for the internal gas installation if it is more than 15 years old;
• a risk assessment when the property is located in a relevant area;
• a noise assessment when the property is located in a relevant area.

The file must be prepared by a certified diagnostician. The landlord or estate agency sends it to the tenant by email, unless the tenant objects. The administration also recommends making an asbestos report available to the tenant.

Other documents must be attached depending on the circumstances. For an unfurnished rental, the official information sheet notably mentions the insurance certificate covering rental risks, information about television and internet access equipment, as well as the guarantee agreement if the landlord has required one. If the parties have agreed on a schedule of dilapidation, a copy of it is attached; a copy of the agreement is also required when the property is subject to an agreement with Anah.

For leasehold co-ownership, the extract from the co-ownership regulations covers the designated use of the building and the use of the private and communal areas. It also states the share allocated to the property for each category of charges. The incoming inventory is drawn up when the keys are handed over; the outgoing inventory is drawn up when they are returned.

In an area of degraded or unfit housing, prior authorisation or a declaration to the local council may be required before the property is let. Where applicable, the authorisation or declaration receipt must be attached to the tenancy agreement. The landlord or estate agent contacts the local council to find out whether the property is affected.

For properties let on an annual basis, the property management offered by PCG Gestion, a sister company of Saint-Denis Immobilier, covers Saint-Denis and neighbouring towns in particular.

Avoiding errors concerning floor area and clauses

Missing or overstated floor area

The habitable surface area must appear in the tenancy agreement. If it is missing, the tenant may formally require the landlord to specify it within the month following signature, by recorded delivery with acknowledgement of receipt. The landlord then has one month to complete the contract.

If the tenant refuses or receives no response within this period, they may ask the protection litigation judge of the court responsible for the property to reduce the rent. They must apply to the court within 3 months of serving formal notice.

If the stated floor area exceeds the actual floor area by more than 5%, the tenant may request a reduction proportional to the difference. They send their request to the owner by recorded delivery with acknowledgement of receipt. The owner has 2 months from receipt to respond. Without agreement or a response, the tenant may apply to the court within 4 months of sending their request.

When the reduction is accepted or ordered by the judge, it takes effect on the date of signature if the request was made within 6 months of that date. For a request made more than 6 months after signature, it takes effect on the date of the request.

Clauses to review before signing

For an unfurnished tenancy agreement, the administration states that a termination clause must provide for termination in the event of non-payment of the deposit or rent or charges. Other clauses may be agreed, provided they are not among the prohibited clauses.

A clause must not be applied if it requires direct debit to pay the rent, prevents the tenant from having people who do not usually live there as guests, or provides for fees for issuing or sending a rent receipt. If there is any doubt about the wording, ADIL or a legal professional can advise the landlord.

Frequently asked questions