The checklist gridAudit grid · Residential lease
Illegal lease clauses in France: the 20 article 4 clauses and their application to ordinary unfurnished or furnished leases
Article 4 of the law of 6 July 1989 deems 20 clauses, a to t, unwritten in an ordinary unfurnished main-home lease: even signed, they do not apply. In an ordinary furnished lease, the list applies except letter l on tacit renewal (article 25-3). Mobility and special regimes need separate review. A blanket pet ban has no effect, subject to no damage or interference with occupants’ enjoyment.
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General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Give the type of lease, the signing date and the clauses you are unsure about, or attach the lease.
Example questions
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Which clauses should you look for first in your lease?
Five forbidden clauses to spot first, because they involve your money or your right to stay in the home.
Automatic termination for another reason
Automatic termination is reserved for unpaid rent, charges or deposit, missing insurance and neighbour nuisance found by a final court decision, plus one case specific to some homes (article 4, g).
Fines and penalties
No penalty may sanction a breach of the lease or of the building rules (article 4, i).
Sums claimed on moving in
Beyond the capped fees and the deposit, nothing may be demanded on moving in (article 4, o).
Automatic liability for damage
The lease cannot make you liable for any damage found, nor make you repay on the landlord’s own estimate (article 4, f and q).
Imposed direct debit
The lease may offer direct debit, not impose it as the only way to pay, nor require bills of exchange signed in advance (article 4, c).
Are the clauses of your lease valid?
Give the type of lease, the rent excluding charges, the deposit asked and the clauses you find in your contract: the grid sorts their types into permitted in principle, forbidden or to check, with their legal basis. The example: an ordinary furnished let at €900 excluding charges payable monthly, a €2,000 deposit, an imposed direct debit, penalties and a pet ban.
Fictional example · the lease grid
4 forbidden clauses: no effect, even when signed.
- Clause types permitted in principle
- 2
- Forbidden clauses
- 4
- Clauses to check
- 0
- Deposit cap
- €1,800.00
- Deposit asked above the cap
- €200.00
2 · Permitted in principle4 · Forbidden0 · To check
| Clause or point checked | Permitted in principle | Forbidden | To check |
|---|---|---|---|
| Direct debit imposed, or bills of exchange signed in advancearticle 4, c | Forbidden | ||
| Fines or penalties for breaching the leasearticle 4, i | Forbidden | ||
| Ban on any petlaw of 9 July 1970, article 10 | Forbidden | ||
| Ban on first-category dogslaw of 9 July 1970, article 10 | Permitted in principle | ||
| Automatic termination for unpaid rent, charges or depositarticles 4, g and 24 | Permitted in principle | ||
| Deposit of €2,000.00articles 22 et 25-6, cap €1,800.00 | Forbidden |
Jours ouvrables normally run Monday to Saturday, excluding public holidays. Ordinary main-home leases only: mobility and special regimes need separate review. A termination-clause classification does not establish its effective date or terminate the lease.
Indicative result: a clause’s meaning depends on its exact wording; a clause missing from this list may still be unfair or break another rule.
What are the 20 clauses deemed unwritten?
The article 4 list, in statutory order, for an ordinary unfurnished main-home lease; letter l is excepted in ordinary furnished leases.
| Letter | The clause that | What remains allowed |
|---|---|---|
| a | imposes sale/reletting viewings on public holidays or over 2 hours per jour ouvrable | Sale/reletting viewings of at most 2 hours per jour ouvrable |
| b | imposes an insurer chosen by the landlord | Requiring you to be insured |
| c | imposes direct debit or bills of exchange signed in advance | Offering direct debit among other methods |
| d | lets the landlord take the rent from your salary | No deduction straight from salary |
| e | makes tenants collectively liable for a common element | Each tenant’s liability for their own damage |
| f | commits you in advance to the landlord’s own estimate | A justified costing of tenant repairs |
| g | provides automatic termination for a reason the law does not allow | Unpaid sums, no insurance, nuisance judged |
| h | cuts or removes a service with no equivalent in return | The services stated in the lease |
| i | allows fines or penalties | No contractual penalty |
| j | bans a political, trade-union, associative or religious activity | These activities, without lease restriction |
| k | bills the exit inventory not drawn up by a commissaire de justice | A free amicable exit inventory |
| l | provides tacit renewal shorter than the legal term | In a furnished let, this letter does not apply |
| m | clears the landlord of all liability | Holding the landlord liable |
| n | bans putting up people who do not usually live with you | Putting up a relative or friend |
| o | imposes sums beyond the fees and the deposit | Only the capped fees and the deposit |
| p | charges you reminder, rent-receipt postage or procedure costs | Only the costs the court sets |
| q | makes you automatically liable for damage | Assess liability under the applicable rules |
| r | bans compensation for works lasting over 21 days | Asking for compensation |
| s | allows termination by an interim order with no appeal | A court decision open to appeal |
| t | imposes renting equipment on top of the rent | Only the rent for the home |
In an ordinary furnished lease excluding bail mobilité, article 25-3 applies article 4 except letter l. The ordinary deposit cap is one month’s rent excluding charges unfurnished, two months furnished. No deposit may be stipulated while rent remains payable more than two months in advance; the tenant may request monthly payment (articles 22 and 25-6). Jours ouvrables normally run Monday to Saturday, excluding public holidays.
Sources: Law 1989, art. 4 · Law 1989, art. 25-3 · Law 1989, art. 22 · Law 1989, art. 25-6
What happens to a forbidden clause you signed?
A forbidden clause is deemed unwritten: it does not apply, even signed, and the rest of the lease keeps its effect (law of 6 July 1989, article 4; sheet F920).
The landlord therefore cannot hold against you a penalty, reminder fees or a termination that only such a clause provides; what you paid under it is claimed in writing, then before the court.
Sources: Law 1989, art. 4 · Service-public F920 · Civil Code, art. 1302-1
Do these rules apply to a furnished let?
Yes, for an ordinary furnished main-home lease excluding bail mobilité: article 25-3 applies article 4 to it, except its letter l on the tacit renewal term.
The cap is two months’ rent excluding charges, against one month unfurnished. No deposit may be stipulated while rent remains payable more than two months in advance; it becomes possible if the tenant requests monthly payment (articles 22 and 25-6). Mobility and special regimes are outside this grid.
Sources: Law 1989, art. 25-3 · Law 1989, art. 25-6 · Law 1989, art. 22
Can the landlord ban pets?
Not pets: a blanket ban is deemed unwritten, provided the animal causes no damage to the building and no nuisance to the other occupants (law of 9 July 1970, article 10).
Only a ban on first-category dogs is lawful; the rule does not cover a seasonal let of a furnished tourist property (sheet F2693).
Sources: Law 1970, art. 10 · Service-public F2693
Which termination clause may the lease contain?
Under current article 24, the lease contains a clause for unpaid rent, charges or deposit, with a minimum six-week period after an unsuccessful order to pay. That period does not rewrite contractual periods in leases ongoing on 29 July 2023 (Cour de cassation opinion of 13 June 2024, no. 24-70.002). Check the clause and lease history; that opinion does not decide later tacit renewals or renewals. The grid classifies the ground without establishing termination.
It may also provide it for missing insurance or for neighbour nuisance found by a final court decision; apart from one case specific to homes under a main-residence duty, any other reason is deemed unwritten (article 4, g).
Sources: Law 1989, art. 24 · Law 1989, art. 4 · Cass., opinion 13 June 2024
What does article 4 of the law of 6 July 1989 say?
The opening of the article and four of the twenty clauses it cancels.
Est réputée non écrite toute clause :
b) Par laquelle le locataire est obligé de souscrire une assurance auprès d’une compagnie choisie par le bailleur ;
c) Qui impose comme mode de paiement du loyer l’ordre de prélèvement automatique sur le compte courant du locataire ou la signature par avance de traites ou de billets à ordre ;
i) Qui autorise le bailleur à percevoir des amendes ou des pénalités en cas d’infraction aux clauses d’un contrat de location ou d’un règlement intérieur à l’immeuble ;
n) Qui interdit au locataire d’héberger des personnes ne vivant pas habituellement avec lui ;
In English, briefly (our summary, not an official translation): Any clause is deemed unwritten: b) by which the tenant must take out insurance with a company chosen by the landlord; c) that imposes direct debit from the tenant’s current account, or bills of exchange signed in advance, as the way to pay the rent; i) that lets the landlord collect fines or penalties for breaching the lease or the building rules; n) that bans the tenant from putting up people who do not usually live with them. Our note: the version in force since 21 November 2024 completed letter g for homes under a main-residence duty.
What do tenants ask when rereading their lease?
Can the landlord impose their insurer?
No: a clause requiring you to insure with a company the landlord chooses is deemed unwritten (law of 6 July 1989, article 4, b).
Can I put up a relative despite the lease?
Yes: a clause banning you from putting up people who do not usually live with you is deemed unwritten (article 4, n).
Are reminder fees or rent-receipt postage due?
No: the lease cannot charge you these, nor procedure costs beyond the court costs and article 700 of the Code of Civil Procedure (article 4, p).
What deposit can the landlord ask for?
For an ordinary main-home lease: one month’s rent excluding charges unfurnished, two months furnished excluding bail mobilité. No deposit while rent remains payable more than two months in advance, unless the tenant requests monthly payment (articles 22 and 25-6). Mobility and special regimes need separate review.
Which texts does the list of forbidden clauses rest on?
- Law no. 89-462 of 6 July 1989, article 4 (clauses deemed unwritten)Légifrance
- Law no. 89-462 of 6 July 1989, article 24 (termination clause)Légifrance
- Law no. 89-462 of 6 July 1989, article 22 (deposit)Légifrance
- Law no. 89-462 of 6 July 1989, article 25-3 (furnished homes)Légifrance
- Law no. 89-462 of 6 July 1989, article 25-6 (furnished deposit)Légifrance
- Law no. 70-598 of 9 July 1970, article 10 (pets)Légifrance
- Drafting the residential lease (sheet F920, in French)Service-public.fr · checked on 6 June 2025
- Civil Code, article 1302-1 (return of payments not owed)Légifrance
- Cour de cassation opinion of 13 June 2024, no. 24-70.002 (existing leases, in French)Cour de cassation
- Bail mobilité: a separate regime (sheet F34759, in French)Service-public.fr
- Can the lease ban animals? (sheet F2693, in French)Service-public.fr · checked on 6 March 2026
Texts cited last checked: 27 September 2026