Is it possible to sign a lease remotely in the digital age?

Are you about to move to the other side of France and can't come to sign your lease? Don't panic, the law allows you to sign your lease remotely. Of all the possible solutions, electronic signatures are favored by landlords and future tenants alike.

Three ways to sign a lease remotely

Signing a lease remotely saves time for the tenant, the landlord and even the real estate agency. There's no need to travel or arrange a meeting between the various parties to validate the lease.

When you think of signing a lease remotely, you immediately think of electronic signatures. However, this solution is not the only recognized option for signing your lease without going anywhere.

Power of attorney

If you're unable to sign your lease in person (because you're absent, bedridden or living in another city, for example), you can ask a trusted third party to do it for you. You'll need to give them a letter of power of attorney specifying your full name, their full name, the date and the action you're authorizing them to take on your behalf.

But power of attorney requires you to know someone who is willing to travel to sign the lease and carry out the inventory of fixtures on your behalf. Not always easy when you're moving to a town you've never been to before!

By post

You can also ask the lessor or agency to send you the lease and related documents by post. You'll return them signed, again by post. A third mailing may be necessary to send you your copy of the lease, initialled by the landlord.

By signing the lease by post, you can sign your contract without the need for a third party. But sending the documents by post is costly and time-consuming, given the delivery times involved.

Electronic signature

You can also receive the rental contract electronically and sign it from home, using your computer or smartphone. This method is legally recognized by the French Civil Code, and is authorized for signing leases under the ÉLAN law. What's more, it's in line with the trend towards dematerialization and simplification of administrative procedures.

The electronic signature not only enables the lease to be signed immediately, but alsoidentifies the signatory and protects the integrity of the document. The lessor can be sure that it is indeed the tenant who has signed, and you can be sure that the signed lease conforms to the one retained by the other parties. Once initialed, the document cannot be altered.

What is an electronic signature?

Safer, quicker and more practical, electronic signatures are gradually replacing power of attorney and the postal service as the preferred means of signing rental contracts.

In practice, there are four types of electronic signature:

1. Handwritten electronic signature or digital signature: you type in your credit card code, sign with your finger on a touch screen, or copy and paste a scan of your handwritten signature.
2. Advanced electronic signature: you use a private key known only to you. The code is usually sent to you by SMS. Sometimes, you'll need to download your ID to obtain it.
3. Advanced electronic signature based on a qualified electronic signature certificate: a trusted service provider issues you with a certificate after checking your identity. You use this certificate to sign documents.
4. Qualified electronic signature: according to the French Civil Code, this is the only signature equivalent to your handwritten signature. It requires an electronic signature certificate and a personal key.

Which electronic signature should I use to sign a lease remotely?

To sign a residential lease electronically and remotely, the law requires an advanced electronic signature (level 2). This mechanism meets the requirements of the European eIDAS regulation. It enables :

• Identify the signatory;
• Link the signature to its author;
• guarantee the integrity of the signed document.

How do I sign a lease remotely?

Each step contributes to the validity of the signature and the security of the process. The procedure is the same for both tenant and landlord.

Step 1: Sending the lease

The lessor creates a digital lease using an approved service provider. He uploads the lease contract and documents onto a platform. They are sent to you by e-mail, or you receive a secure link to view them online.

Step 2: signing the lease

You read the lease and its appendices. If everything is in order, click on the "Sign" button.

The trusted service provider sends you a code by SMS or sometimes by email. You enter this sequence of numbers and letters on their website to identify yourself. You must also tick the box that validates your consent.

Step 3: Keeping the lease

You receive a copy of the lease or download it after signing. The lease is archived and stored by the trusted service provider. It is authenticated and cannot be altered by the tenant, landlord or estate agent.

Precautions to take before signing a digital lease as a tenant

Here are the points to check before signing your lease remotely, to avoid housing scams.

When you receive the e-mail from the agency or the download link to access the rental contract, check the identity of the sender, for example by checking the sender's address. You can also call the landlord or estate agent to confirm that the digital lease has been sent to you.

You should also read the lease and appendices carefully to check for any discrepancies. Before signing your lease, check the rent, charges and duration of the lease.

Finally, make sure that the service provider you use to sign is reliable. Here are several government-recognized sites:

• YouSign ;
• DocuSign ;
• Docaposte
• LegalySpace ;
• GoodFlag ;
• LiveConsent ;
• Connective ;
• Docage ;
• EverSign ;
• GoSign.

In a nutshell

Signing a lease remotely saves time and money. You can opt for power of attorney, have the lease agreement and accompanying documents sent to you by post, or use an electronic signature. To be valid, the electronic signature must be validated by a trusted service provider.