Rental application in France: allowed documents

Which lettings the list applies to

The list applies to unfurnished or furnished lettings let as a main residence; it does not apply to applications for social housing (decree, art. 1; anil.org). Documents can be provided as copies, but the landlord may ask to see the original; they must be written in or translated into French, with amounts converted into euros (service-public.gouv.fr). The public service DossierFacile lets the applicant upload their documents and send them to the landlord.

Documents that can be required from the tenant

Source: service-public.gouv.fr (sheet F1169); anil.org.

Documents that can be required from the guarantor

For an individual guarantor (parent, friend), the landlord may ask for (service-public.gouv.fr):

• 1 identity document with photo: identity card, passport or driving licence;
• 1 proof of address: last rent receipt, water, gas or electricity bill less than 3 months old, home insurance certificate less than 3 months old, or last taxe foncière notice;
• 1 or more proofs of employment, in the same categories as for the tenant, excluding the student card;
• 1 or more proofs of income: last tax assessment notice (the penultimate one is provided for only for the tenant), last 3 payslips, balance sheets, benefits, property or investment income, title deed.

For a legal entity guarantor (bank, company), only 2 documents: an original extrait K bis less than 3 months old or the articles of association, and proof of its representative’s identity. If the guarantor is Action Logement, the landlord can only ask for the visa (approval certificate) of the garantie Visale (Visale guarantee) (service-public.gouv.fr).

What is prohibited

The principle is simple: any document not on the decree’s list is prohibited: the landlord has no right to require others (service-public.gouv.fr). Three specific bans are added:

• Required co-signature. The landlord cannot make the lease conditional on co-signature by an ascendant (parents, grandparents) or a descendant of the applicant (art. 22-2; anil.org). A parent can, however, act as guarantor, which is different.
• Money before the lease. No sum may be claimed in return for reserving the property, nor before the lease is signed (service-public.gouv.fr).
• Discrimination. The landlord cannot refuse an applicant on grounds including their origin, sex, family situation, state of health, disability, age, surname, place of residence or particular economic vulnerability (1989 Act, art. 1; code pénal (Criminal Code), art. 225-1; anil.org). An applicant who believes they have been discriminated against can refer the matter to the Défenseur des droits (the rights ombudsman) (anil.org).

Penalties

The administrative fine is imposed by the préfet (the State’s representative in the département). It is proportionate to the seriousness of the facts, capped at €3,000 for an individual and €15,000 for a legal entity, and can no longer be imposed more than one year after the facts were established (art. 22-2; anil.org). Before imposing a penalty, the préfet informs the landlord of their intention, the facts alleged and the proposed amount, then gives them a period to submit observations (art. 22-2; anil.org).

The rule applies equally to the landlord and to the agency or notaire (notary) representing them: the list is binding on “the owner or their representative” (our translation) (anil.org).

Which professional to consult

An agent immobilier (estate agent) who manages lettings puts together applications that comply with the decree and must themselves respect the list of documents that can be required. If the tenancy agreement is drawn up before a notaire (notary), the same exhaustive list applies to the file of the applicant and their guarantor.