On the Hunt

Written by Riviera Reporter

Again the other day we got a request for help from a reader in the UK who’s moving here and wanted advice on finding and renting an apartment. Cressida Van Zyl-Pithey replies…

I’ve been through this myself and I’ve talked to others who have as well. To start with, I’d say to anyone who plans to stay here for a fair time – that means we’re not talking holiday rentals – to avoid renting a furnished property. This involves what is called a location libre and means that the tenant has virtually no guaranteed rights. It’s up to the person concerned to negotiate with the owner over length of stay, rent and other conditions. A formal agreement on these points is not legally required and so the scope for disputes and abusive treatment is considerable. Clearly, the situation is stacked in favour of the owner and if a prospective tenant asks for a written contract this might well be met with evident reluctance.

“Agencies… a mixed bunch”
There’s nothing surprising about this. Owners who rent out furnished properties often do so precisely to avoid the legal constraints which accompany the provision of unfurnished accommodation and they’re usually keen to avoid even the minimal obligations entailed with a written contract. So: go for unfurnished. But how to find a place? First of all, put your thoughts in order. Be clear on where you want to live, what sort of space you’d like and how much you can afford. Housing is a major problem in this region and rentals don’t come cheap, especially in towns.

There are two main ways to find a place to live. Firstly, by looking at the small ads in Nice Matin its local equivalent or (I found much less useful) in free sheets like 06. Most often with these ads you will be contacting the owner directly and so you won’t be paying an agency fee. On the other hand, the better agencies (if you take that route) are likely to offer some protection from the more unscrupulous owners in return for that fee – usually around one half of one month’s rent. Agencies, I found, were a mixed bunch, ranging from the friendly, helpful and plainly competent to the manifestly dodgy. Those on the main streets of towns are usually to be preferred. I finally dealt with a branch of Century 21 and had a satisfactory experience (the advantage of franchises, whether dealing in fast food or property, is that those who fall below standard get booted out).

“You have to prove you can afford to pay”
Imagine, then, you find – maybe in the paper, maybe through an agency – a place you like the sound of. That’s not the end of your troubles. Normally, you’ll have to meet the owner and that can be quite a testing experience. The reason’s simple: French law (unlike British) is formulated very much in the tenant’s favour. To take an extreme example which Phil Heinlein has often discussed in his advice column – if you default on the payment of your rent it can be very difficult to get you out. Owners are very cautious and so are the more scrupulous agencies. If you’re wanting to rent something decent turn up for meetings looking clean and respectable. This is a part of the world where appearance matters – fare una bella figura, as our Italian neighbours say – and scruffiness doesn’t play well.

Given you pass muster in terms of appearance and manner, you have to prove you can afford to pay the rent. You can do this by showing three recent pay-slips or your last tax demand along with proof of your source of income. Obviously, as in the case of our UK-based enquirer, this isn’t possible for newcomers. In their case, they need to provide a bank statement clearly indicating their financial health or even agree to block a specified sum in their account. Apart from this, tenants have to pay over a caution equivalent to 2 or 3 months rent. Sad to say, a significant number of writers to Phil Heinlein’s column have reported difficulties in recovering this money when they leave. In doing your sums, you also need to take account of the cost of obligatory home insurance, of service charges (unless included in the rent – make sure to check this point) and of the taxe d’habitation levied on all occupiers of residential property.

“You’re okay once the lease is signed”
Normally, an initial lease (which should be written) is valid for three years, and is automatically renewable. Given you don’t smash up the place or provoke serious complaints from the neighbours and you pay your rent you’re okay once the lease is signed. The owner has no right to enter the premises without your permission (and then only by appointment and with good reason) and he has to carry out any major repairs and improvements. He can’t even stop you keeping a dog – unless it’s one of the breeds specified as a public enemy. When you finally leave though, he can charge – by deducting an amount from the caution, for example – for any damage he claims you have caused to the property. When you move in, it’s important to look closely at and sign the état des lieux, a document describing the premises. And after all that – good hunting!