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Prerequisites for renting! When looking for an  apartment  , future tenants may be surprised by the requirements of landlords. Earning 4 times the amount of the rent, being on a permanent contract, having a French guarantor… Are all these criteria legal?

At the discretion of the owner

A landlord can decide to whom to rent his property. He can ask his tenant that he justifies earning once, twice, five times the amount of the rent . He can also ask him for his last three payslips and a security deposit. In addition, he can ask for a guarantor, even if the tenant proves high income. In other words, the owner is not required to take into account  the  age of the tenant, nor his living conditions.

No exaggerated guarantees

The owner must be content with the last three payslips, a security deposit and a bond. He cannot therefore ask for a deposit from several banks, nor a one-year rent advance, nor the blocking of six months’ rent on an account. In addition, if the owner requests a deposit, the fact that the guarantor is not of French nationality, or that the latter does not reside in metropolitan France cannot constitute a valid reason for refusal.

The security deposit

The owner may require a security deposit, within the limit of one month’s rent. This security deposit must be paid when the lease is signed and must be returned to the tenant no later than two months after the keys are handed over. If the owner does not return this security deposit, the tenant may initiate an action before the tribunal de grande instance.

Rental lease

Before the conclusion of the rental contract, the owner may require the candidate to rent certain elements justifying his identity and his income: an identity document, the last payslips, the last tax notices, his family. On the other hand, he will not be able to request elements related to private life such as for example a medical file, the social security card, a bank account statement, or even a certificate concerning any credits in progress.

Société d’Avocats DAMY , Nice, What can a landlord require of his future tenant?, Update 2016.