Civil Code Lease: The Key to Luxury Rentals in Paris

In Paris, the high-end rental market follows its own rules. When a Haussmann apartment in the 7th arrondissement or a penthouse in the 16th rents for several thousand euros per month, the law of 6 July 1989, designed to protect primary residence tenants, no longer applies.

This is where the civil code lease, or common law lease, comes in. Favoured by owners of exceptional properties and high-budget tenants (expatriates, senior executives, diplomats), this type of contract offers total contractual freedom, at the cost of reduced legal protection.

In this guide, we detail everything you need to know about the civil code lease in Paris in 2026: definition, legal uses, obligations of each party, and the state of the luxury rental market.

Definition and legal framework

The civil code lease, also known as the common law lease, is a rental contract governed by the articles 1713 to 1778 of the French Civil Code. It differs fundamentally from the standard residential lease in that it falls outside the provisions of the law of 6 July 1989, which strictly regulates primary residence rentals.

In practice, this means that the parties, landlord and tenant, have almost total contractual freedom to set the terms of the rental: rent amount, lease duration, notice period, security deposit, and termination conditions.

The civil code lease is governed by articles 1713 to 1778 of the Civil Code. It can only apply to specific situations, outside of primary residence.

In which cases can a civil code lease be used?

The law is clear: the civil code lease cannot be used for a primary residence. Its scope of application is strictly defined:

• Secondary residence: the most common case in Paris for affluent tenants who maintain their primary home elsewhere.
• Company accommodation: a company rents an apartment to house an employee on assignment (the contract is signed in the company's name).
• Pied-à-terre: a senior executive or expatriate who stays regularly in Paris without making it their primary residence.
• Rental to a legal entity: a company, association, or international organisation rents the property.

Warning: if a tenant uses the property as their de facto primary residence (occupation of more than 8 months per year), a judge may reclassify the lease as a residential lease subject to the 1989 law, with all the protections that entails.

Civil code lease vs. 1989 law lease: key differences

Here are the main differences between the two regimes:

• Rent: Free under the civil code lease / Regulated in Paris under the 1989 law lease.
• Minimum duration: None under the civil code lease / 3 years (unfurnished) or 1 year (furnished) under the 1989 law lease.
• Tenant notice period: Set contractually / 1 to 3 months depending on the zone and type of property.
• Security deposit: Free / Capped at 1 or 2 months' rent excluding charges.
• Agency fees: Free / Regulated and shared between landlord and tenant.
• Rent regulation: Not applicable / Applicable in high-demand areas such as Paris.

A booming luxury rental market

Paris remains in 2026 one of the most sought-after destinations in the world for high-end rentals. International demand, driven by expatriates, diplomats, multinational executives, and wealthy families, supports a particularly dynamic luxury rental market.

In this context, the civil code lease has established itself as the reference contract for exceptional properties. Specialist agencies such as Propriétés Le Figaro and Belles Demeures list 'civil code lease only' properties with rents well above the regulated caps.

Rent ranges in 2026

On the Parisian civil code lease market, rents vary considerably depending on the quality, size, and arrondissement:

• High-end 3–4 room apartment (75–120 m²): €4,000 to €8,000/month, typically in the 6th, 7th, 8th, and 16th arrondissements.
• Large prestige apartment (150–250 m²): €8,000 to €18,000/month, private mansions, exceptional Haussmann apartments.
• Penthouse or exceptional property (+250 m²): €18,000 to €30,000/month and above, for the rarest properties on the market.

These rents are freely set, with no legal cap. The Parisian rent regulation, which applies to 1989 law leases, does not concern civil code leases, which partly explains the appeal of this regime for owners of high-end properties.

The most sought-after arrondissements

Demand is concentrated in a specific geographical area, corresponding to the most prestigious neighbourhoods of the capital:

• 7th arrondissement (Saint-Germain, Invalides): an absolute safe haven, highly sought after by diplomats and international families.
• 8th arrondissement (Golden Triangle, Champs-Élysées): the heart of Parisian luxury, strong demand from senior executives.
• 16th arrondissement (Passy, Trocadéro): a high-end family neighbourhood, very popular with expatriates with children.
• 6th arrondissement (Saint-Germain-des-Prés): highly regarded for prestigious pieds-à-terre.
• 1st and 4th arrondissements (Marais, Louvre): strong international demand, atypical properties and character lofts.

While the civil code lease offers great contractual freedom, it does not exempt the landlord from their fundamental obligations. These obligations are defined by the Civil Code itself.

Unavoidable legal obligations

Even without the 1989 law, the landlord remains bound by several essential obligations:

• Deliver the property in good condition: The property must be handed over to the tenant in a state that allows normal enjoyment. A luxury apartment must be impeccable.
• Guarantee peaceful enjoyment: The landlord must ensure that the tenant can occupy the property without disturbance, whether caused by the landlord or third parties.
• Carry out necessary repairs: Major repairs (structure, roof, main pipes) remain the landlord's responsibility, unless otherwise negotiated.
• Provide mandatory surveys: Energy performance certificate (EPC), asbestos, lead, electrical, and gas surveys remain mandatory, regardless of the type of lease.

What the landlord can freely negotiate

Under a civil code lease, the landlord has far greater negotiating room than under a standard lease:

• Freely set the rent amount, with no cap or reference to a regulated market rent.
• Define the lease duration according to their needs (from a few months to 9 years).
• Require a security deposit whose amount is freely negotiated (often 2 to 3 months' rent in the luxury segment).
• Set the termination conditions and applicable notice period.
• Provide for free agency fees, not subject to the Alur law cap.

In Paris, agency fees for a civil code lease generally represent 10% of the annual rent excluding charges, payable by the tenant, a common and legal practice in this segment.

The tenant under a civil code lease benefits from fewer legal protections than a primary residence tenant. In return, they enjoy greater flexibility. But their obligations remain real.

The tenant's fundamental obligations

• Pay rent on the agreed dates: This is the primary obligation. In the event of non-payment, the landlord may activate the termination clause provided in the contract.
• Occupy the property in accordance with its intended use: The property must be used as specified in the lease (secondary residence, company accommodation, etc.).
• Return the property in good condition: At the end of the lease, the tenant must return the property in the condition in which they received it, allowing for normal wear and tear.
• Comply with the co-ownership regulations: Even under a civil code lease, the co-ownership rules apply in full.
• Not sublet without authorisation: Subletting is only possible with the landlord's express written consent.

Key points to check before signing

Before signing a civil code lease, the tenant must check several points:

• The lease duration and renewal conditions (tacit renewal or not).
• The notice period: without a contractual clause, the notice period may be very short or even non-existent.
• The amount and conditions for the return of the security deposit.
• Charges included or excluded from the rent (co-ownership charges, water, electricity, internet).
• Rent indexation conditions (IRL or another freely chosen index).

Unlike the 1989 law lease, there is no mandatory standard form for the civil code lease. The drafting is free, which makes the careful review, or even professional assistance, essential.

The risk of reclassification: a protection for the tenant

If a tenant occupies the property as their de facto primary residence, they may apply to the court to have the lease reclassified as a residential lease subject to the 1989 law. This protection exists, but it involves legal proceedings. This is all the more relevant if you are arriving from abroad: navigating the specificities of French leases and landlord requirements can quickly become complex. To avoid mistakes and ensure your contract is perfectly suited to your situation, we invite you to consult our complete guide to renting an apartment in Paris as a foreigner before starting your search.

The contractual freedom of the civil code lease is a double-edged sword. For the tenant, it can be an opportunity to negotiate tailor-made conditions, provided you know what to ask for.

Clauses you must negotiate

• Duration and renewal: Opt for an initial term of at least 12 months with tacit renewal, to avoid finding yourself without accommodation overnight.
• Notice period: Negotiate a reasonable notice period on both sides (1 month for the tenant, 3 months for the landlord is an acceptable standard).
• Security deposit: In the luxury segment, 2 months' rent is the norm. Beyond that, it is negotiable, especially if you present a strong application.
• Rent indexation: Insist that the revision be indexed to the IRL (Indice de Référence des Loyers) published by INSEE, and not to a freely chosen index.
• Charges: Ask for a precise breakdown of charges included and excluded. In a prestige building, co-ownership charges can be very high.

Calling on a relocation expert

On the Parisian civil code lease market, exceptional properties are often rented off-market, without public listings. The best opportunities come through networks of specialist agencies and relocation experts.

At Relocation In Paris we offer you access to these confidential properties. Above all, we support you in verifying that your lease falls within a clear, acceptable, and risk-free legal framework, so you can sign with complete peace of mind.