Finding a place to rent in France is the first step for many people after moving.

Location makes a big difference, as big cities often have housing shortages, making options slim and competition fierce.

Some landlords have been known to take advantage of would-be tenants’ desperation for a roof over their heads. But it is not all one-way traffic – in many cases, the law is on the side of the tenants.

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While it is crucial for tenants to know their rights, it is equally important for those thinking of renting out their French property to understand these rules too.

Here are the nine things a landlord can never ask of a tenant in France;

Three months’ deposit

A landlord cannot, by law, demand a security deposit equivalent to three months’ rent. The maximum deposit allowed in law is one month’s rent – excluding charges – for unfurnished apartments, and two months for furnished apartments.

Deposits also cannot be increased during the term of the lease, or upon renewal, and they are paid after the lease has been signed.

READ ALSO What you should know about paying rental deposits in France

No pets

Unlike in other countries, landlords in France cannot ban their tenants from owning pets.

The sole exception to this rule: landlords can prohibit tenants from owning dangerous dogs, provided this ban is written into the lease.

Otherwise, tenants have the right to keep one or more pets in their rented property (even if it is rented as a furnished property), provided they respect the peace and quiet of the neighbourhood – and accept responsibility for damage or disturbance caused by the animal.

No smoking

Landlords cannot forbid their tenants from smoking in the privacy of the property they call home.

No guests

Tenants cannot be prevented from hosting friends and family. 

The only rule is that this accommodation must be free of charge. Payment of any kind may be considered sub-letting, which can only be done with the landlord’s permission. Keep this in mind if you were interested in putting the home on Airbnb.

READ MORE: What are the rules on home exchanges in France?

Rent payment method

How tenants pay their rent is up to them. Landlords cannot stipulate one payment method over another – nor can they include a clause into the contract that allows them to deduct rent payments directly from a tenant’s salary.

Additional payments and reservations

Requiring the tenant to pay sums other than the rent and security deposit in order to sign the lease is prohibited. Some landlords have tried to ask tenants to pay a sum to reserve the apartment, but this is not allowed.

That said, the lease may include an additional payment on top of rent called les charges. These are the communal costs paid by the landlord that the tenant is expected to reimburse. For example, costs for an elevator, doorman, communal heating, etc.

The charges can either be charged monthly in a flat-rate set out in the lease, or in regular instalments with the landlord paying back or requesting the difference at the end of the year. Only certain things can be considered a ‘recoverable’ charge – you can find the list here.

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Type of home insurance

Tenants must take out a home insurance policy for the property they rent. But landlords cannot dictate which insurance company they use. The choice of insurer is entirely down to the tenant.

READ ALSO: Assurance habitation: How to get home insurance in France

Activities in the apartment

As far as the law in France is concerned, a tenant is at home in the accommodation he or she occupies. Clauses that restrict the tenant’s political activities, union membership, or religious activities in the property is illegal.

Certain types of documents

When renting an apartment in France, you need to send over a dossier including lots of information about yourself. For foreigners, some of the information requested might even feel too invasive.

Landlords may request one form of identification, one proof of address, one or more documents attesting to your professional status, and one or more documents proving your financial status (ie ability to pay rent).

However, real estate agents and private landlords cannot ask for certain things.

These include: the would-be tenant’s “family record book (livret de famille), health insurance card (carte vitale), bank statements (relevé de compte bancaire), marriage contract or divorce decree (contrat de mariage ou du jugement de divorce), or for their criminal record (extrait de casier judiciaire)”, according to French government body CNIL.