HR/SPS/HIS/mll

July 2007

HOUSING
Renting accommodation in France and the Canton of Geneva

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IN FRANCE
Where to look for accommodation x x x x x Go and see the professionals: estate agents, notaries public, property managers Look through the small ads: newspapers, internet Consult the CERN Housing Service website: http://cern.ch/housing-service/ Look at the adverts on the CERN Market: https://cern.ch/cernmarket/lists/messages/ Ask friends and colleagues.

Required documents Once you have found suitable accommodation, the owner of the property or the professional handling the transaction is entitled to request you to supply the following documents: Proof of income (wage slip, employment contract, most recent tax assessment notice). A guarantee from a third party (e.g. a family member) who agrees to pay your rent if you are unable to do so or, in certain cases, a guarantee from a housing solidarity fund. In the case of unfurnished rental accommodation, the owner is not entitled to refuse the guarantee of a foreigner on the grounds that the latter is not of French nationality (ENL Law, 13 July 2006). Tenancy agreement Tenancy agreements must be drawn up in duplicate in writing, dated, and signed by the owner and tenant. In general, tenancy agreements for unfurnished accommodation are for 3 years and are tacitly renewable. Model tenancy agreements may be obtained from the professionals, housing associations or property owners. One copy of the agreement must be given to the person acting as guarantor.

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July 2007

The tenancy agreement must specify the following information: x x x x x x The name or company name of the lessor. The start date and duration of the lease. A description of the accommodation and any ancillary premises. The intended use of the premises (residential, business, etc.). The monthly rent and the payment arrangements, plus the arrangements for rent reviews. The amount of any deposit to be paid, if provided for in the tenancy agreement.

Deposit The amount of the deposit, which guarantees the payment of any repairs for which the lessee may be responsible, must not exceed two months rent, excluding service charges. The sum may be cashed if so provided for in the tenancy agreement. If the owner requires more than two months rent to be paid in advance, he is not entitled to request a deposit. After you leave, the lessor must return your guarantee within 2 months of your handing in the keys, in accordance with Law No. 89-462 of 6 July 1989. If he fails to do so, you must give him formal notice to pay the sum due or to supply the necessary documentary evidence authorising him to keep part or all of it. Inventory French legislation provides for an inventory (Law No. 89-462 of 6 July 1989) but does not make it compulsory. If an inventory is drawn up, which is preferable in order to avoid future litigation when the tenant leaves, it must be as detailed and precise as possible, specify the state of the fixtures and fittings and mention any defects discovered. The inventory must be signed by the tenant and the owner or his representative (the estate agent). The inventory may be done by a bailiff, in which case the costs are shared by the owner and the tenant. The tenant is required to keep the accommodation in good order at his own expense and to make any necessary minor repairs (tenant's repairs) that are not necessitated by normal wear and tear. Model inventories may be obtained from the housing professionals or from tobacconists' (bureaux de tabac). Termination of a tenancy agreement By the owner: Owners are required to give 6 months' notice. Notice may be given only at the end of the tenancy agreement or when it comes up for renewal. Notice must be given in the form of a registered letter with acknowledgement of receipt, which must specify the reason for termination of the agreement.

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By the tenant: The tenant may terminate the tenancy agreement at any time, subject to a notice period of 3 months, which may be reduced to one month under certain conditions (transfer, obtaining a first job, redundancy, obtaining a new job following redundancy, etc.). Notice must be given in the form of a registered letter with acknowledgement of receipt. The notice period is counted from the date on which the letter is received. The tenant must pay the rent and all the applicable service charges during the notice period, unless another person is able to occupy the accommodation before the end of the period. Fees payable by the tenant on entering new accommodation * Any third-party fees applicable (notary public, estate agent). * Inventory fees if the inventory is drawn up by a bailiff (half to be paid by the owner and half by the tenant). N.B. The tenant must be able to supply proof of rent payments and must therefore keep all rent receipts received from the owner or his representative. The owner is not obliged to provide a receipt unless specifically requested to do so by the tenant.

USEFUL ADRESSES IN FRANCE * Association Dpartemental pour linformation sur le Logement: ADIL
AIN

34, rue Gnral Delestraint 01000 Bourg en Bresse Tel : 04.74.21.82.77 www.adil.org/01/ Information may be obtained by telephone. Representatives may be consulted twice a month by appointment in St-Genis-Pouilly, for appointment call in Bourg en Bresse.
HAUTE-SAVOIE

4, avenue de Chambry 74000 Annecy Tel : 04.50.45.79.72 (by appointment only) Representatives may be consulted, see the website of the ANIL (lAgence Nationale pour lInformation et le Logement): www.anil.org * La chambre des Notaires de lAin 18 bis, rue des Dmes B.P. 1099 - 01009 Bourg en Bresse Tel : 04 74 23 20 21 E-mail : chambre.ain@notaires.fr www.chambre-ain.notaires.fr * Chambre interdpartementale des notaires de Savoie

HR/SPS/HIS/mll Maison du notariat Parc dactivits de Pr Mairy Promry 74370 Pringy Tel : 04 50 27 24 56 E-mail : chambre.interdepartementale.de.savoie@notaires.fr www.chambre-interdepartementale-de-savoie.notaires.fr * Top annonces 41, Avenue du Jura Centre Aumard 01210 Ferney-Voltaire Tel : 04 50 42 69 60 www.topannonces.fr * Paruvendu 4, rue Bonlieu 74000 Annecy Tel : 04 50 51 47 10 www.paruvendu.fr/immobilier * Le Dauphin Libr Avenue Voltaire 01210 Ferney-Voltaire Tel : 04 50 42 98 12 www.ledauphine.com * Le Dauphin Libr 1, rue Jean-Jaurs 74000 Annecy Tel : 04 50 51 69 69 www.ledauphine.com

July 2007

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July 2007

IN THE CANTON OF GENEVA

Where to look for accommodation x x x Contact the Socit de Rgisseurs de Genve (Geneva property agents association): www.sr-ge.ch Obtain information from the housing service of the International Geneva Welcome Centre: http://www.cagi.ch/, E-mail : accueil.cagi@etat.ge.ch Consult the small ads of periodicals like the GHI (Genve Home Information): www.ghi.ch, or the 022, Tout limmobilier: www.toutimmo.ch, and La Tribune de Genve.

Required documents x x x x Valid identity document Carte de lgitimation or residence permit Certificate of remuneration issued by your employer A certificate from the Geneva Cantonal Office des poursuites et des faillites (not all property agents require this document check with the agent in question before obtaining it).

Tenancy agreement The tenancy agreement does not have to be drawn up in writing but a written agreement is highly advisable. The agreement creates a legal tie between the owner and the tenant. The initial duration of a tenancy agreement is at least one year, renewable on a yearly basis (it may also be 3 or 5 years under certain conditions). The agreement must stipulate the duration in years, months and days, as well as the start and end dates. If the agreement is a family agreement, it must be signed by both spouses; any subsequent actions, requests or notices of termination, in particular, will be valid only if the signature of both spouses appears on the relevant documents. Deposit The lessor may require a deposit, which will be paid onto a savings or deposit account in the tenants name and will serve to protect the lessor in the event of rent default or damage to the property. A bank guarantee, which may not exceed 3 months rent, may thus be provided for in the tenancy agreement. The sum is returned at the end of the lease, once the lessor gives the bank his agreement for the deposit to be released. The Commission de consultation des baux et loyers (the Geneva lease and rent tribunal) should be contacted in the event of litigation. Organisations offering special rent guarantee facilities, such as Swisscaution, can help tenants who are unable to raise the required sum. As some property agencies do not accept guarantees from this kind of organisation, you should check with the agency in question before seeking such a guarantee.

HR/SPS/HIS/mll Inventory

July 2007

The arrival inventory must be drawn up by the tenant and owner and signed by both parties. Any defects must be mentioned in the inventory; if the tenant discovers other defects in the following days, he must immediately notify the lessor of them by registered letter. In the case of furnished accommodation, all items must be included in the inventory. The Chambre Genevoise Immobilire (Geneva Property Owners Association) offers a standard form that can be obtained for 5 CHF. Model tenancy agreements are also available: http://www.cgionline.ch/ The departure inventory is done once the tenant has moved his furniture and possessions out and handed in the keys. The tenant is advised to attend the departure inspection, which is done by the lessor and/or his representative (estate agent). The inventory is signed by the two parties. The lessor checks the condition of the property and immediately notifies the tenant of any defects he has discovered. If the tenant subsequently discovers any errors in the departure inventory, he must notify the lessor of them without delay. Termination of a tenancy agreement By the lessor: In the case of living accommodation, the lessor is required to give the tenant at least 3 months notice using an official cantonal notice form. If the date on which the tenant is requested to vacate the premises poses a problem for him, he may request an extension of the agreement via the relevant conciliation body. By the tenant: A tenant wishing to terminate a tenancy agreement at the end of the period provided for must send the lessor a registered letter giving three months notice (if no other notice period is mentioned in the agreement); failing this, the agreement will be tacitly renewed. The letter must reach the lessor by the last day of the month preceding the start of the notice period (if necessary, it should be delivered to the property agency by hand). In the event of early termination of the agreement, the tenant must indicate a date of departure either at the end of a month or on the 15th of a month, and give a month's notice. He is required to present a creditworthy tenant prepared to take over the accommodation from him on the indicated departure date; failing this, he must pay the rent for the remainder of the period of the agreement. Persons holding a carte de lgitimation may make use of the diplomatic clause which, in Geneva, is included in the tenancy agreement. This clause offers the tenant special conditions allowing him to be released from his obligations more quickly (see Annex).

HR/SPS/HIS/mll USEFUL ADRESSES IN SWITZERLAND ASLOCA Rive Rue du Lac 12 Case Postale 6150 1211 Genve 6 Tel : 022 718. 18.00/05 E-mail : asloca.geneve@asloca.ch www.asloca.ch Information cannot be given over the telephone. Drop-in service or appointments: every day between 5.00 p.m. and 6.00 p.m.

July 2007

Office des poursuites, Office des faillites et Direction gnrale des OPF 46 rue du Stand Case postale 208 1211 Genve 8 Tel : 022 388 90 90 Fax : 022 388 93 20 www.geneve.ch/opf International Geneva Welcome Centre Villa "La Pastorale" 106, Route de Ferney Case postale 103, 1211 Genve 20 Tel: 022 918 02 70 Fax : 022 918 02 79 E-mail : welcome@etat.ge.ch www.cagi.ch CGI Rue de Chantepoulet 12 Case postale 2189 1211 Genve 1 Tel : 022 715 02 00 Fax : 022 715 02 22 E-mail: info@cgionline.ch www.cgionline.ch Swisscaution : Fax : 0848 841 850 Tel : 0848 841 848 E-mail : info@swisscaution.ch www.swisscaution.ch Socit des Rgisseurs de Genve 12, rue de Chantepoulet Case postale 2189 1211 Genve 1 Tel : 022 715 02 20 Fax : 022 715 02 22 E-mail: info@sr-ge.ch www.sr-ge.ch