Fraudulent rental files: what are the risks?

Finding a place to live in France can be very difficult, especially in major cities. Demand outstrips supply, and many prospective tenants submit their rental applications to agencies and landlords. Many landlords require potential tenants to have high incomes, good guarantors or permanent employment contracts. Nowadays, more and more tenants are deciding to falsify their application. But what are the possible consequences and risks involved? Garantme tells you all about it in this article.

Falsifying your rental application: a growing practice

Altering a payslip or employment contract, lying about the amount of your salary or that of your guarantors, providing agencies with a falsified document using retouching software... More and more prospective tenants are deciding to falsify their documents to optimize their chances and meet landlords' requirements.

An increasingly common form of fraud

Given the current tightness in the rental market, rental file fraud is a rapidly growing phenomenon: according to one study, nearly 30% of files in the Paris region are affected. Many young professionals in particular have falsified their files: almost 23% have already done so.

Fraudulent rental files: what does the law say? What are the penalties?

What are the legal risks for applicants who have falsified their application?

What does the Criminal Code say?

Fraudulent rental applications are punishable by "forgery and misuse". According to article 441-1 of the French penal code, this offence is punishable by three years' imprisonment and a fine of 45,000 euros. Furthermore, according to article 313-1 of the French penal code, falsifying elements in a rental file can also be considered as fraud, also punishable by five years' imprisonment and a fine of 375,000 euros.

So, whatever changes you make to your file, however slight (a modified contract date or pay slips, increased remuneration, a falsified residence permit, etc.), cheating on rental documents constitutes fraud.

And in practice?

It's true that convictions for falsifying rental documents are rare. However, cheating on rental documents remains a risky business. A landlord who is the victim of fraud can have the lease annulled, under article 1109 of the French Civil Code.

How do estate agents and landlords spot fraud?

For landlords, a thorough check is essential to avoid dishonest tenants and ensure that rental files are compliant. Here are a few tips:

• To avoid fraud, landlords can first ask applicants to come to the visit with the originals of the required documents, rather than sending them online.
• Check the consistency of certain figures on the payslip: total salaries for the last three months and for the year, as well as the number of paid vacations and their accumulation from one month to the next.
• Ask your tenant to provide a joint and several guarantee. The guarantor undertakes to pay the tenant's debts immediately on the first non-payment. This is a faster, simpler procedure for recovering unpaid rent. With a simple guarantee, on the other hand, the guarantor intervenes only after the landlord has exhausted all avenues of recourse against the tenant, making the process longer and more complex. A joint and several surety therefore offers greater security for the landlord.
• In the tenant's file, the key element is the tax notice, which lists all the important information, such as the tenant's identity and resources. It's easy to check the authenticity of this document. What's more, the website impôts.gouv.fr offers a free service for verifying tax notices, called VERIFAVIS.

Tenants: optimize your file, without fraud

Tenants, how can you make the most of your chances without resorting to fraud? Discover our techniques for optimizing your application:

• Prepare a complete file: gather all the required documents (ID, last three pay slips, employment contract, last tax notice). Make sure they are up to date and well presented (good image quality, etc.). Include proof of financial stability, such as recent bank statements showing a positive and regular balance, as well as any other sources of income (allowances, pensions, etc.).
• Present additional guarantees, such as a surety bond or unpaid rent insurance, to reassure the landlord of your ability to pay the rent. It's also a good idea to provide a letter of recommendation from a previous landlord attesting to your reliability and punctuality in paying rent.

You're applying to rent, but your profile doesn't meet all the required criteria? The Garantme guarantee enables a wider range of people to rent (freelancers, students, employees on lower incomes or not on probation). Garantme will act as guarantor and take responsibility for any unpaid rent or damage to the property. It's an added reassurance for landlords, and a guarantee of seriousness.

In a context of real estate tension, falsifying a rental file may seem like a quick solution to get into the rental market... However, the legal risks and severe penalties make this practice dangerous. Would-be tenants should therefore opt for transparency and honesty to optimize their file in a legal manner.