Civil Lease Agreement: Complete Guide 2025

What is a civil code lease?

The civil code lease, also called derogatory lease or common law lease, is a rental contract not subject to Law No. 89-462 of July 6, 1989 governing residential rentals. It falls under the common law of contracts provided by articles 1708 and following of the Civil Code. Historically used for short-term rentals, its use has been considerably restricted by recent case law.

The civil code lease is distinguished by almost total contractual freedom: free duration, free rent, free notice, no imposed standard model. However, this freedom is now governed by case law which considers that beyond 12 months or in absence of truly temporary character, the lease must be reclassified as 1989 law lease with all its protections (3-year duration, notice, rent control, etc.).

Main characteristics of civil code lease

Civil code lease has specific characteristics, now strongly regulated by case law:

• Free but limited duration: duration is freely set by parties, but since 2021 ruling, cannot exceed 12 cumulative months (renewals included) to avoid reclassification. Special case: 1 month minimum in residences with para-hotel services (student residences, senior residences with services).
• Contractual freedom: no imposed standard model, parties freely draft contract (however be careful to respect general principles of contract law and not include abusive clauses).
• Strictly temporary use: civil code lease can only be used if housing is not tenant's main residence, or for manifestly temporary occupation (pending work, provisional occupation, seasonal rental). Beyond that, automatic reclassification as 1989 law lease.
• No automatic legal protection: unlike 1989 law leases, no renewal right, no reduced notice, no rent control. However, housing must remain decent (decency criteria applicable).
• Free termination: unless otherwise stipulated in contract, each party can terminate lease according to contractually provided terms or, failing that, with reasonable notice.

Civil code lease duration: 12-month limit

Civil code lease duration is at heart of recent case law developments:

• Standard duration: 3 to 12 months maximum to avoid reclassification as 1989 law lease. Case law considers that beyond 12 months (cumulative renewals included), temporary occupation character disappears and 1989 law must apply automatically.
• Special case: 1 month minimum in service residences (student, senior, business residences) offering minimum 3 of 4 following para-hotel services: reception/welcome, breakfast, cleaning, linen supply. These establishments can offer very short leases.
• Renewal possible but limited: lease can be renewed one or more times, provided total cumulative duration doesn't exceed 12 months. Example: 6-month lease renewed 6 months = 12 months (accepted). 8-month lease renewed 6 months = 14 months (high reclassification risk).
• Theoretical exception: in theory, no maximum duration is imposed by Civil Code. But in practice, as soon as total duration exceeds 12 months or housing becomes tenant's main residence, courts systematically reclassify lease as 1989 law lease.

Usage conditions and restrictions

Civil code lease use is now strictly regulated by case law. To be valid, lease must respect following conditions:

• Housing must not be tenant's main residence: decisive criterion since 2021 ruling. If tenant occupies housing more than 8 months per year and has no other residence, lease will be reclassified.
• Temporary and justified occupation character: pending delivery of VEFA property, work in main residence, temporary professional transfer, short mission, provisional accommodation. Temporary character must be real and demonstrable.
• No succession of civil code leases: chaining several civil code leases on same housing with same tenant (or different tenants but repeatedly) is considered circumvention of 1989 law. Almost systematic reclassification.
• Residences with para-hotel services: only case where civil code lease remains widely used and accepted, provided residence effectively offers at least 3 of 4 mandatory services (reception, breakfast, cleaning, linen).
• Explicit tenant agreement: although Civil Code allows contractual freedom, highly recommended to have tenant sign clause acknowledging temporary character of occupation and absence of intention to make it main residence (though this clause alone won't suffice to avoid reclassification if facts contradict it).

Rent and security deposit

Rent and security deposit are freely set in civil code lease, subject to not being abusive:

• Free rent: no legal rent control (except in service residences in high-demand zones). Amount freely set between parties. However be careful to remain consistent with market to avoid characterizing abuse.
• Free security deposit: unlike 1989 law leases (1 or 2 months maximum), security deposit can theoretically be set at any amount. In practice, often remains between 1 and 2 months' rent.
• Charges: freely set, generally flat-rate to simplify management over short period. No obligation of annual regularization.

Landlord's obligations

Even in civil code lease, landlord retains essential obligations:

• Provide decent housing: decency criteria of decree No. 2002-120 remain applicable (surface, equipment, safety, health). Indecent housing exposes landlord to sanctions even in civil code lease.
• Ensure peaceful enjoyment: general obligation of contract law to allow tenant to normally enjoy rented property.
• Perform major repairs: unless otherwise agreed, structural repairs (roof, load-bearing walls, main pipes) remain landlord's responsibility.
• Provide certain diagnostics: although not explicitly imposed in civil code lease, prudence recommends providing at least EPC, CREP (if before 1949), asbestos, gas and electricity (if > 15 years), and ERP. Their absence could be held against landlord in case of dispute or reclassification.
• Respect 12 cumulative month limit: to avoid automatic reclassification as 1989 law lease with all its consequences (impossibility to recover housing easily, retroactive application of rent rules, etc.).
• Subscribe to PNO insurance: non-occupying owner insurance mandatory to cover property damage.

Tenant's obligations

Tenant in civil code lease has obligations similar to other leases:

• Pay rent and charges: at deadlines agreed in contract.
• Subscribe to home insurance: covering at minimum rental risks (fire, water damage, explosion). Even if civil code lease doesn't formally impose this obligation, it remains essential.
• Maintain housing: perform small repairs and current maintenance (as in any rental lease).
• Use housing properly: not damage property, respect its purpose.
• Return housing in good condition: at lease end, excluding normal wear and tear.

Termination and exit of civil code lease

Civil code lease termination follows rules provided in contract or, failing that, general principles of law:

• Termination according to contract terms: if lease provides termination conditions (notice, procedures), they apply. Therefore crucial to draft these clauses well.
• Termination at expiry: lease ends automatically on scheduled date, without particular formality (unless otherwise agreed). No tacit renewal imposed (unless contract provides for it).
• Early termination: each party can terminate early if contract allows, or in case of other party's serious breach (article 1224 of Civil Code: resolution for non-performance).

Still calid Uses of civil code lease

Court of Cassation ruling of February 18, 2021 (Cass. 3rd civ., Feb. 18, 2021, No. 19-23.072) profoundly modified civil code lease practice in France:

This decision has practical consequences:

• End of systematic circumvention: landlords can no longer use civil code lease to escape 1989 law protections on rentals that manifestly constitute tenant's main residence.
• 12-month temporal limit: although ruling doesn't explicitly set this duration, doctrine and lower courts now consider that beyond 12 months of cumulative occupation, temporary character disappears and main residence is characterized.
• Factual analysis by judges: courts now examine reality of occupation (domiciliation, bills, tax returns, subscriptions) and no longer just contract terms. Contractual formalism no longer suffices to validate civil code lease.

Still calid Uses of civil code lease

Despite case law restrictions, civil code lease remains usable in certain specific situations:

• Residences with para-hotel services: student residences, senior residences, business residences offering minimum 3 of 4 para-hotel services (reception, breakfast, cleaning, linen). This is main still secure use of civil code lease.
• Short-term seasonal rental: vacation rental for few weeks, tourist furnished rental for one season. Warning: beyond 3-4 months, mobility lease becomes more legally secure.
• Justified provisional occupation: tenant awaiting VEFA property delivery, pending work completion in main residence, temporary professional transfer, short mission, provisional accommodation while finding permanent housing. Recommended duration: 3 to 6 months maximum.
• Temporary provision: housing made available to employee on short mission (3-6 months), accommodation for intern or consultant. Provided person maintains main residence elsewhere.

Civil code lease vs other lease types

Civil code lease must be compared to more legally secure alternatives:

• the 1-year furnished lease (more legally secure, clear legal framework, renewable)
• the 3-year unfurnished lease (for long and stable rentals)
• the 1-10 month mobility lease (1 to 10 months, non-renewable, no security deposit)

👉 Check our complete comparison of different lease types to choose the most legally secure formula for your situation.

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Going further

The civil lease agreement remains a flexible and legitimate option when neither the 1989 law lease nor the mobility lease can apply. It offers freedom in duration (generally up to 8 months, or 12 in special cases) and in drafting the terms. However, since the 2021 Supreme Court ruling, its use requires particular attention, as it is reserved for temporary or specific situations where other legal frameworks do not apply.