Landlord: drafting a compliant and protective lease
The 9 clauses to include as a landlord — protective, without being abusive.
You rent out a home or premises, and you are the one drafting the lease. A well-built lease protects your rental income, secures rent payment and limits disputes.
But beware: an overly unbalanced lease contains clauses deemed unwritten — and therefore unenforceable. The goal is to draft a contract that is both protective and compliant.
This guide details the essential clauses on the landlord's side, without crossing into abuse.
Already drafted your lease? Have it analyzed on subblink — A→E risk score in 2 minutes, from the landlord's and the tenant's side.
Why a compliant lease protects you better
Many landlords think a very strict lease protects them. It doesn't: an abusive clause is struck down by the judge, leaving you unprotected exactly when you need it.
A compliant lease:
- Is fully enforceable in case of dispute.
- Secures rent payment (a valid termination clause).
- Avoids penalties and lengthy litigation.
💡 subblink flags clauses a judge would set aside — and shows you how to replace them with valid wording.
The 9 essential clauses of a lease
1. Identification of the parties and description of the property
Include: the identity of landlord and tenant, a precise description of the home/premises, surface area, equipment, annexes (cellar, parking).
An imprecise description creates disputes over the leased perimeter.
2. Term and renewal
Include: the legal term depending on the lease type (residential, furnished, commercial) and renewal conditions.
Respect the minimum terms imposed by law: a term shorter than the legal minimum is unenforceable.
3. Rent, indexation and payment terms
Include: the rent amount, the payment date, and the annual indexation clause based on the reference index.
Indexation is only possible if provided in the contract and capped by the legal index. Free indexation is illegal.
4. Charges and their reconciliation
Include: how charges are paid (provisions + annual reconciliation, or a flat fee) and their allocation.
Detail the recoverable charges. A provision without reconciliation, or non-recoverable charges billed back, is challengeable.
5. Security deposit
Include: the amount (capped by law depending on the lease type) and the return conditions.
Respect the legal cap and the return deadline. Beyond that, you expose yourself to penalties.
6. Inventory of fixtures (entry and exit)
Include: the obligation of a joint inventory of fixtures at entry and exit.
Without an inventory, the property is presumed to be in good condition — you won't be able to withhold anything from the deposit. It's your best protection.
7. Maintenance and repair obligations
Include: the split between rental repairs (tenant's responsibility) and major repairs (yours).
Refer to the legal list of rental repairs. Trying to put everything on the tenant is abusive.
8. Termination clause
Include: a clause providing automatic termination in case of unpaid rent or lack of insurance, after an unsuccessful formal notice.
This is your main safeguard against unpaid rent. Its wording must be precise to be valid.
9. Diagnostics, insurance and governing law
Include: the mandatory diagnostics annexed (energy performance, etc.), the tenant's insurance obligation, and the governing law.
A lease without the mandatory diagnostics is incomplete and may engage your liability.
Overly strict lease vs compliant lease
| Common "trap" clause | Why it's unenforceable | Do this instead |
|---|---|---|
| Free rent indexation | Illegal indexation | Index on the legal index |
| All repairs on the tenant | Contrary to the legal list | Legal allocation |
| Excessive security deposit | Exceeds the cap | Respect the cap |
| Termination without procedure | Invalid clause | Termination clause + formal notice |
| Unjustified flat charges | Challengeable | Provisions + reconciliation |
FAQ: Drafting a lease as a landlord
Can you draft a lease without an agency or notary?
Yes, for a standard residential lease, from a template compliant with your jurisdiction. For a commercial or high-stakes lease, professional support is recommended.
Which clauses are prohibited in a lease?
Any clause creating a significant imbalance: free rent indexation, putting non-rental repairs on the tenant, disproportionate penalties, banning hosting relatives, etc. They are deemed unwritten.
How to protect against unpaid rent?
A well-drafted termination clause, a compliant deposit, unpaid-rent insurance and a solid tenant file. The inventory of fixtures and the termination clause are your best protections.
Is rent indexation automatic?
No. It's only possible if an indexation clause is included in the contract, and it's capped by the legal reference index.
Is an inventory of fixtures mandatory?
Highly recommended and often mandatory. Without it, you won't be able to justify any deduction from the deposit at exit.
Checklist before signing your lease
- Parties and property precisely described
- Term compliant with the lease type
- Rent + indexation clause legally indexed
- Charges: provisions + reconciliation, clear allocation
- Security deposit within the legal cap
- Inventory of fixtures at entry and exit planned
- Repairs allocated per law
- Valid termination clause (unpaid rent, insurance)
- Mandatory diagnostics annexed
- Tenant insurance and governing law
Express check: Upload your lease on subblink and get a risk score for both parties.
Conclusion
A good lease isn't the strictest: it's the most compliant. A balanced contract is fully enforceable, secures your rent and avoids endless litigation.
Start from an up-to-date template, include the 9 clauses, remove the "trap" clauses, then check in 2 minutes.
📋 Go further → On the tenant's side, read the pitfalls of a rental contract; on the entrepreneur's side, commercial lease clauses.