Professions immobilières - Exercices corrigés BTS Professions immobilières - 6e - 254

Énoncés
Part 9: RENTING PROPERTY - Types of Leases
Rent - the advantages of a notarial lease
Private or notarial lease
The rental or residential lease is a contract which is agreed between a tenant called " lessee " and an
owner called " lessor " .
The private lease is drawn up by individuals and signed by them.
The notarial lease is an authentic act, drawn up and signed by the notary and the parties. The lease
mentions the obligation to pay rent, the notary will issue the lessor with an enforceable copy. The
latter shall allow him obtain a strong commitment from the tenant, in the same way as if it were a court
decision. The rental contract can then be carried out, in all its conditions, without the need for a court
decision. The unpaid owner will send the enforceable copy to the bailiff of his choice for prosecution and
recovery.
Security of a notarial lease
On the one hand, the lessee will benefit from all the guarantees provided by the notary's competence.
With the authentic deed, the lessee does not risk signing a lease that does not mention all the guarantees
offered by law. In addition, he shall be certain that the amounts he has paid will be correct and indisputable
by his owner.
On the other hand, the safety of the owner is also at stake because each lease type is now governed
by various mandatory laws and regulations. Some breaches are penalized and the liability of owners is
increasingly sought after.
Public health issues sometimes justify these challenges. Things can go wrong if an essential obligation
has been omitted by the owner : Are you sure you are familiar with all the laws concerning area, volume,
lead, asbestos, etc... ?
While signing a residential lease, don't forget about the authentic act. This also applies to a commercial,
rural or professional lease.
Rental lease contract : payment and revision of the rent
Moreover, setting rents is now subject to several legal or regulatory measures which need to be analyzed.
While making up the lease
If the accommodation is located in a municipality in so-called tense areas, the initial offered rent to a new
tenant must be (with some exceptions) identical to the one applied to the previous tenant. An increase is
possible within the limit of the variation of the rent reference index (IRL) only if it has not been applied
in the last 12 months.
During the lease
With some exceptions, (mainly in the case of clearly undervalued rent), the annual increase in rent (on
the date agreed between the parties or, failing that, on the anniversary date of the lease) is only possible
if it is expressly provided for in the rental contract.
It cannot be greater than the change in the rent reference index (IRL), published quarterly by INSEE. This
index corresponds to the average, over the last twelve months, of the evolution of consumer prices,
excluding tobacco and excluding rents.
Since March 27, 2014, the lessor must show the intention to review. He has one year, from the scheduled
date, to make the request. After this period, the revision of the rent for the past year is no longer
possible.
252 EXERCICES CORRIGÉS DU BTS PI - 2024 /2025

Professions immobilières - Exercices corrigés BTS Professions immobilières - 6e

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