Lessors, what documents can you require from your rental candidates?

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Lessors, what documents can you require from your rental candidates?

Each month the “Real Estate Real Estate Meeting” (Capital / Radio Immo) answers your questions through its “It concerns you” sequence. Our experts – lawyers, notaries, real estate agents – solve the most complex legal problems for you and give you sound advice whether you plan to sell, buy, rent or renovate your home. In this sequence, Xavier Demeuzoy, lawyer in Paris, responds to Catherine of the Facebook group “Le Club des proprios” managed by Capital. Catherine is going to rent an apartment for the first time. And it’s furnished. What documents can she require from rental candidates to make her selection?

Before developing his answer, our lawyer first specifies that the same rules govern bare or furnished rentals. Donors must refer to the decree of November 5, 2015 of the Alur law: this text specifies the complete list of documents that one is entitled to require from his tenant. Anything that is not there is simply prohibited. The owner is thus authorized to request an identity document, a document proving domicile (last three of rents, for example …), but also a document relating to the professional situation of the tenant (employment contract, professional card …) or one or more documents justifying your resources (last three pay slips, last tax notice …). Refer to the famous decree to find out what you have the right to do or not to do …

There is no example in the decree: bank details or bank statements … These documents are therefore prohibited. Be careful not to play with fire: in the event of an infraction, the lessor – a natural person – may be fined up to 3,000 euros. Also beware of discrimination: the courts are particularly sensitive to this, recalls Xavier Demeuzoy.

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Our experts answer you

Are you an owner, buyer, seller who is still an investor and you also have a legal, tax or practical question? Do not hesitate to connect to the Facebook group on Owners Club to ask your questions. The approximately 3,000 members of this group, created and managed by Capital, will be happy to give you their feedback. In a second step, we will also try to raise your questions to submit them to our experts who will answer them in the next issues of the Great Real Estate Meeting.

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