Before you sign a residential lease: a checklist

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Topic: Property

Rent, deposit, inventory, registration: what to check before signing a lease, whether you are the tenant or the landlord.

A lease sets out the rights and obligations of the landlord and the tenant for the whole rental period. A clear contract spares both sides a lot of disputes. Ask for a written contract Even between people who trust each other, a written contract is the best protection. Writing is in fact required for a lease of property for more than one year; without a written lease, it is treated as a lease for an indefinite period (article 729 of the Code of Obligations and Contracts). The contract should identify both parties and describe the rented property precisely. The key points of the contract The rent , when and how it is paid. The duration , and the conditions for renewal, termination and notice. The deposit: its amount and the conditions for getting it back. Charges: who pays water, electricity and maintenance costs. Repairs: what falls to the landlord and what falls to the tenant. Unless the contract says otherwise, the landlord must keep the property in good repair for the whole lease; the tenant only has to do minor repairs if the contract or local custom puts them on the tenant. If the tenant leaves before the end of the lease without the landlord's agreement, the tenant remains bound by the contract and may have to compensate the landlord for the loss. Do an inventory When you move in, write up the condition of the property with dated photos. If no inventory is made, the law presumes the tenant received the property in good condition. Do it again when you leave: it is what shows whether the deposit should be returned in full. Formalities It is common practice to have signatures certified at the municipality. Registering the lease at the tax office (recette des finances) is a legal obligation under the Registration and Stamp Duties Code, within a deadline set by that code; and a lease of property for more than one year can only be relied on against third parties if it is registered. Ask your lawyer which formalities suit your contract and what they change. Keep proof Ask for a receipt for every payment or use a traceable payment method, and keep all your correspondence with the other party. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026