Apartment rental: which documents can't be requested?

In the midst of your search for a property to rent, are you wondering about the list of supporting documents? The rental file for a private apartment always comes with a certain number of documents to provide. While it's normal for a landlord to ask for proof of your identity and solvency, other requirements are strictly forbidden! In fact, the list of authorized documents is framed by decree no. 2015-1437 of November 5, 2015. So which documents are allowed in a rental file? Explanations.

Future tenant: what documents can't you be asked for?

Previously, article 22-2 of the July 6, 1989 law listed the documents that could not be requested from a potential tenant. The passing of the Alur Law in 2014 aimed at promoting access to housing modified this decree in favor of a complete list of authorized documents, detailed in the decree of November 5, 2015. To put it plainly, all documents not listed in this list are considered prohibited for establishing a private apartment rental file.

By definition, documents infringing on the future tenant's privacy or considered non-essential are prohibited. For example, a landlord may not ask a prospective tenant for..:

• an extract from a criminal record
• Copy of health insurance card
• Social security certificate
• Marital status documents (marriage contract, divorce decree, PACS certificate)
• A rental certificate from the previous landlord, unless the tenant is unable to provide the latest rental receipts.
• Bank statement
• Proof of credit or debt status
• A copy of the health record
• A personal medical file (it is forbidden to ask for information on your current state of health, your medical history or your medical treatments).
• Direct debit authorization
• Bank details (RIB)

Important: under no circumstances is the owner-lessor entitled to collect a sum of money before the lease has been signed. Asking for a reservation cheque is therefore strictly forbidden!

Discriminatory motives are also prohibited. An owner-lessor has no right whatsoever to choose a prospective tenant on the basis of origin, religion, sex, disability or age. In order to prevent abuses, article 1 of the July 6, 1989 law strictly prohibits such grounds for differentiation.

What supporting documents do I need to provide to my landlord?

However, a landlord musthave a solid file when renting an apartment. To this end, decree no. 2015-1437 of November 5, 2015 details all the authorized supporting documents that may be required from the potential tenant or the individual or legal entity acting as guarantor.

Tenant documents

All prospective tenants must include several documents in their application to rent an apartment. This is to prove their identity and solvency:

• Proof of identity: identity card, passport, driving license, residence permit, resident's card, etc.
• Proof of address: last 3 rent receipts, sworn statement from a lodger, certificate of election of domicile, last notice of property tax or title deed.
• Proof of employment status: work or training contract, student card, school certificate, copy of professional card, Kbis extract or any other document attesting to your professional activity.
• Proof of income: last three pay slips, proof of payment of internship allowances, last two balance sheets, proof of payment of allowances (social benefits, retirement, pensions, etc.), proof of savings, proof of property income, housing benefit simulation certificate, last tax assessment.

Please note that only one document may be required for proof of identity and address, and several for other requests. What's more, although the landlord may ask for the original document to be presented, the documents attached to the rental file will be copies only!

What risks does a landlord run if he requests an unauthorized document?

The law sets out an exhaustive list of documents that landlords may request from their tenants. All authorized supporting documents are listed in Decree no. 2015-1437 of November 5, 2015. Consequently, any owner or lessor demanding from a potential tenant, a document not included in the list commits an offence.

In the event of requesting prohibited documents, the lessor is liable to penalties:

• a fine of up to €3,000 for a private owner
• a fine of up to €15,000 for a professional lessor
• prohibition on carrying out rental management

What should I do if a landlord asks for a prohibited document for the rental file?

In this case, we advise you to refuse by reminding him of the law. You can download the decree with the full list of authorized documents from government websites. Next, you can take legal action by filing a complaint for discrimination or invasion of privacy.

The prefect is then notified of the illegal request, and takes charge of notifying the owner concerned. The owner then has two months to justify his request and defend his action. In the end, the prefect makes a final decision, which may or may not include a statutory fine.

Our advice: before visiting a property, put together a solid rental file to increase your chances of obtaining the apartment. By compiling all the necessary documents concerning your identity and solvency, you can demonstrate your seriousness.