Flexible term, negotiated rent, planned departure: the civil lease has become the go-to tool for Paris owners letting a furnished home that is not the tenant's main residence. It still has to be used within the exact scope the law allows. Here is the complete guide, updated with 2026 case law.
What is a civil lease?
The civil lease — also known as a Civil Code lease, a common-law lease or a second-home lease — is a rental contract governed by articles 1709 to 1778 of the French Civil Code (lease of things), and not by the law of 6 July 1989. It is the general-law lease regime: it applies by default to every letting that does not fall under a special protective status.
The 1989 law, on the other hand, applies mandatorily whenever the home is the main residence of an individual tenant. That is the crux: it is the actual use of the home, not the title of the contract, that determines which regime applies.
When is it lawful?
| Situation | Civil lease possible? |
|---|---|
| Tenant's second home or pied-à-terre | Yes |
| Corporate tenant (company, SCI, association) | Yes |
| Staff accommodation provided to an employee | Yes |
| Main residence of an individual tenant | No — the 1989 law is mandatory |
The civil lease is not an alternative to a residential lease: it is the regime that applies to a different situation. Used outside its scope, it can be reclassified.
What the civil lease allows
- A freely agreed term: a few months, one year, three years, renewable or not. No statutory minimum term applies.
- A security deposit set freely, unlike the mobility lease, which prohibits it.
- Termination terms negotiated between the parties, in keeping with contractual good faith.
- No right to remain in the premises and no mandatory tacit renewal: the lease ends on the agreed date.
- No statutory three-month notice imposed on the landlord, and no regulated grounds for giving notice.
And the rent? The awkward question
This is the most misunderstood point of the Paris market. The constraints of the 1989 law — including rent control — do not apply to a validly concluded civil lease, since that scheme targets main-residence leases and mobility leases. But this freedom is entirely conditional on the arrangement being valid.
If a judge reclassifies the lease as a main-residence letting, the 1989 regime applies retroactively: rent control included, with repayment of any overpaid rent, a minimum lease term and the right to remain in the premises. Promising a "free rent" without checking the tenant's actual situation is therefore a risk, not a strategy.
Taxation: unchanged
The choice of lease has no effect on taxation. All furnished lettings fall under Industrial and Commercial Profits (BIC), whatever the legal nature of the contract: micro-BIC with a 50% allowance below €77,700, or the actual-expenses regime with depreciation. The civil lease gives access to no particular tax advantage — and takes none away.
Essential clauses
- The purpose of the letting: state expressly that the property is not let as a main residence, and why.
- The reason for occupation: professional assignment, pied-à-terre, staff accommodation, temporary stay.
- The address of the tenant's main residence, with supporting evidence attached.
- The term and end date, with no ambiguous automatic renewal clause.
- The inventory reports at check-in and check-out, the furniture inventory, and the amount of the security deposit and the conditions for returning it.
- The tenant's home insurance , to be required before the keys are handed over.
Documents to gather — and keep
In a dispute, the file makes all the difference. Before signing, always collect: ID, proof of a main residence elsewhere (rent receipt, council tax notice, accommodation certificate), proof of the reason for the stay (assignment letter, employment contract, internship agreement) and an insurance certificate. Keep these documents for the entire lease and for several years afterwards.
The 2026 warning
Three rulings of the Paris judicial court dated 24 February 2026 reclassified short civil leases, chained with transient tenants, as furnished tourist lettings — with all the regulatory consequences that entails in Paris. The lesson is clear: the civil lease is not a vehicle for getting around short-term rental rules. It requires stays of several months, tenants whose situation genuinely justifies this regime, and flawless documentation.
⚠️ Have your contract checked by a lawyer
The civil lease is a technical arrangement whose validity depends on specific, changing facts. This article is for information only and does not constitute legal advice. Have your lease template drafted or reviewed by a property lawyer before letting.
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