The tenant protection laws of Guadeloupe are onerous

Guadeloupe is pursuant to the STRONGLY PRO-TENANT French tenancy law.

Rent: Can landlord and landlord in Guadeloupe agree to rent freely?

The initial rent between the owner and the renter can be agreed freely. The rent can be revised only once a year, however, and only if a contract clause (carefully drafted) stipulates that. The increase cannot exceed the increase in the INSEE construction costs index’s four-quarterly average. This must be complied with by index clauses and periodic clauses.

Guadeloupe Immobilien for sale

If the owner wants to raise the rent at the end of the contract, this clause must show that the rent is clearly below the present rent standard for the area and for comparable dwellings, by providing nine examples, each with detailed information — accurate addresses, area, state of decoration, date of construction, time at which dwellings were rented. If the increase is more than 10%, it should be extended over six years, even if the contract is only for three years. If there is no agreement, the owner must go to the Departmental Conciliation Commission and, if it fails, to the judge.

Deposits

The tenancy agreement may only specify a deposit of a maximum of two months’ rent if the rent has not been paid in advance.

What are the rights of landlords and tenants, particularly in relation to contract duration and expulsion in Guadeloupe?

French law protects the tenant generously (the locataire).

A non-furnished contract shall last at least three years (if the owner is a person), or six years (if the proprietor is a company or society). Individual owner shall only be entitled to make a shorter contract (a minimum of one year, except in the case of holidays) if he has to retrieve the property for professional or family purposes, such as retirement, return from abroad, house of a family member. If no contract limit is fixed, the contract will automatically apply for three years.

The furnished property is treated slightly differently. The contract period shall be one year and shall be automatically renewed at the end of the contract, unless notification has been made to either side.

Furnished contracts, however, are less regulated in respect of deposits, charges, landlord and tenant obligations and the documents to be attached to the contract.

Property provided shall be taxed as professional income and shall be excluded from value added tax. The owner is responsible for paying local taxes.

The tenant may leave at any time during the contract, subject to two or more frequent three months’ notice (reduced to one month if the tenant loses his job, is over 60 and in bad health, etc). The owner is not free to notify such a person.

In both cases, the owner may reoccupy the property only if:

He or a family member intends to live there;

He plans to sell

For another serious and legitimate reason, such as not paying the rent, taking home insurance, or abussing their right to use the property

At least six months prior to the end of the contract, notice must always be given. It must be sent by registered mail or courier. If the landlord wishes to sell, it shall send to the tenant, who has a right of priority to purchase, a copy of the offer (including the price).

Beach houses in Guadeloupe

The tenant can rarely be expelled before the end of the term; perhaps only if the building will probably collapse when the mayor can expel the tenants. Otherwise the landlord must wait until the end of the term even when the rent is not paid, and the notice must be sent at least 6 months before the end of the term and complex conditions must be met. Still, the process will take six months to one year and a half since the contract is concluded.

There is a shorter procedure when the contract contains a resolutoire clause, but it can only cover:

No rental payment

Home insurance non-registration

The resolution clause allows the immediate termination of the contract after a two-month notice where the specific contract obligation is not fulfilled.

The contract (the bail) must be written. There are a number of binding provisions and a number of banned clauses. The 1989 Act (Art 8) prohibits the tenant from leasing without the landlord’s written agreement.

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