Common law civil lease: definition

The Common law civil lease or common law lease is a type of rental contract governed by private law, distinct from other specific leases such as commercial leases or residential leases. Although it is often less formalized than other types of rental contracts, it nevertheless remains an essential legal tool in many rental relationships. This article offers a definition Precise of Common law civil lease, by addressing its specificities, its operating rules, as well as its advantages and limitations.

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What is a Common Law Civil Lease?

The Common law civil lease refers to a rental contract where the relationships between the lessor And the tenant are governed by private law, without the specificities provided for certain leases such as residential leases or commercial leases. This type of lease is mainly used for rentals that are not commercial or residential. In other words, it applies to situations of renting real estate for unspecified use or in contexts that do not require very specific rules.

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Characteristics of civil lease

A flexible and flexible contract

The Common law civil lease is more flexible than the Residential lease Or the commercial lease, as it is not subject to the same strict rules. For example, it is not subject to specific regulations such as those imposed by the Law of 6 July 1989 for residential leases. It allows the parties to freely negotiate rental conditions, such as rent amount, the duration of the lease, or even the security deposit, although these must always respect a reasonable framework.

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Lack of very strict legal specifications

Contrary to contracts like the Residential lease, which are subject to specific standards concerning the duration or the return of the property, the Common law civil lease does not define strict terms and conditions for duration of the contract or conditions of Restitution of the lessor and the tenant. These elements must simply respect the general principles of contract law, such as contractual freedom and the good faith of the parties.

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The lease contract and unfair terms

As in any contract, the Common law civil lease may include unfair terms, which would disproportionately disadvantage one party. For example, a clause that would impose a security deposit excessive in relation to the value of the property or that would unjustifiably limit the peaceful enjoyment of the tenant would be considered abusive. These clauses can be overturned by a court if they are found to be unfair.

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Differences from other types of leases

Although the Common law civil lease has some similarities with other types of rental contracts; there are important differences. Take the example of Residential lease, which is governed by specific laws such as the Law of 6 July 1989, governing the staff housing, the main residences, or even the furnished rental.

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This law strictly regulates the duration of the lease, the amount of rent and the security deposit, while the Common law civil lease leaves more freedom to negotiate contractual conditions.

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The commercial lease, for its part, is governed by an even stricter framework, in particular for rent for tertiary activities, and provides for special conditions concerning restitution of the property and the maintenance of the premises, which are not applicable in a Common law civil lease.

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The main elements of the common law civil lease

One Common law civil lease can concern any type of real estate, whether it is an apartment, a house, a second home, a commercial premises or even land.

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The parties to the contract, i.e. the lessor And the tenant, should define the following elements:

• Duration of the contract : In the absence of a legal specification, the parties can freely negotiate the duration of their contract. However, the duration of the lease must be reasonable and respect the principles of good faith.
• Rent amount : The amount of the rent must be specified in the contract, as must the terms of revision if such a mechanism is provided for. However, the rent is not subject to strict rules, unlike the Residential lease Or at commercial lease.
• Security deposit : The amount of security deposit is freely fixed by the parties. However, it must be reasonable and not abusive.
• Restitution of the property : At the end of the lease, the tenant must return the property in the condition in which he received it, subject to normal wear and tear. In case of deterioration, repairs may be required by the lessor.
• Peaceful enjoyment : The tenant must be able to use the property peacefully, without unjustified interference from the lessor.

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Civil lease use cases

The Common law civil lease is mainly used in cases where the rental does not fall under a specific category. For example:

• Rental of premises for various uses : For uses that are neither commercial nor residential.
• Land rental : One Common law civil lease can be used for the rental of agricultural or non-agricultural land, as long as it is not intended for commercial purposes.
• Housing rental : Although less common than Residential lease, a Common law civil lease can be used for renting housing when the strict conditions of residential leases are not required.

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Conclusion

The Common law civil lease is a flexible type of contract that allows a great deal of freedom in negotiating rental conditions. It differs from residential, commercial and other leases by its absence of strict regulation, while remaining governed by contract law.

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It is essential for the parties to fully understand the fundamental principles that govern this type of lease, such as security deposit, the rent amount, as well as the Restitution of the lessor and the tenant, to avoid unfair terms and ensure a balanced relationship.

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FAQ - Common Law Civil Lease

Could a civil lease be suitable for a furnished rental lasting less than 1 year?

The Common law civil lease is a flexible contract that can theoretically be suitable for a furnished rental, especially for periods shorter than those required for a Classic residential lease. However, it is essential to note that the Residential lease (and not a civil lease) is the one that governs furnished rentals lasting less than one year.

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In fact, even if the civil lease may include furnished leases, specific rules concerning furnished rental, as defined by the Law of 6 July 1989, remain applicable. Therefore, for a furnished rental of less than one year, the contract must comply with the specifications of the Residential lease, even if it is concluded under a Common law civil lease.

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Does the term “civil lease” refer to a specific type of lease, such as a commercial lease or a residential lease?

No, the civil lease is not a specific type of lease, unlike commercial lease Or at Residential lease, which are clearly defined by law. The civil lease rather includes all types of leases that do not fall under specific categories such as commercial or residential leases.

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This term therefore refers to a category of rental contracts, including leases for main residences, of second homes, or professional leases. The rules of residential leases, such as those imposed by the Law of 6 July 1989, are therefore still applicable for residential leases within the Common law civil lease.

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