The rental contract or lease contract is your tool to protect you from possible abuses by your tenant. Indeed, it will be the centerpiece that will be peeled in case of disagreement.
In this sense, to anticipate all situations and better protect yourself, it is advisable to favour a tailor-made contract, drawn up according to the criteria of your rental. Find out the main elements to consider when signing a lease.
Detail the financial aspects
In Luxembourg, the 2006 law regulates the determination of the rent, the charges attributable to the occupant and the rental guarantee. Although Article 3 lays down rules for defining the amount of rent, it is often fixed by mutual agreement between the two parties, depending on the market. Here, the law is used only in the event of a dispute during the execution of the lease.
“The law is only used in the event of a dispute during the execution of the lease. »
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If you pay electricity, gas and heating costs in advance, it is normal to re-invoice your tenant in the “expenses” section. However, in the lease agreement, you can only oblige the occupant to finance energy consumption, routine maintenance of the dwelling and common areas and minor repairs. For example, you are responsible for the costs of a trustee or major repairs
Finally, in your lease, don’t forget to stipulate the amount of the rental guarantee. This is a first payment to cover any damage that may occur when the tenant leaves the property. This payment must not exceed the equivalent of three rents.
“Don’t forget to stipulate the amount of the rental guarantee. »
Formalities: duration, sublease and inventory of fixtures
In addition to the financial aspect, other information must be included in your lease. Theoretically, a lease is concluded for an indefinite period. Even if a deadline is identified, both parties may continue the contract beyond the deadline: The Civil Code provides that, without any other contractual stipulation, any lease with a fixed term is transformed into a lease with an indefinite term once the date has been reached, without the rental conditions being modified. On the other hand, in the contract, always specify the termination terms, with the duration of notice (3 months most often).
When drafting a lease, also consider subletting: you have the right to prohibit it by preparing a clause on this subject. Remember that in the event of a sublease, the contract established between your tenant and his sub-lessee is totally foreign to you, you cannot intervene. If you prefer to control everything, prohibit this practice in order to protect yourself.
Finally, when you sign the lease to formalize the entry into the apartment, also organize an inventory of fixtures. It will make it possible to see the difference between any damage that may be visible at the time of moving in and those that will have appeared in the meantime, due to the tenant.
In the lease, certain instructions specific to the dwelling can be added: maintenance of the garden, garage, ancillary rooms, etc. These elements do not appear in the models you find on the web: so that your contract perfectly reflects the property and provides for all situations, ask a real estate agent to write it.
The members of the Real Estate Board are there to assist you in your dealings.
