- Rent a part of your house: what does the law say?
- And on the tax side...
- Here is a checklist before renting, not to forget anything
You have a free room in your house, so why not rent it! This solution makes it possible to make a portion of your home profitable and to round off your end of the month. However, before embarking on this rental adventure, there are regulations to know, here are some...
Rent a part of your house: the possibilities and regulations
Rent a part of your house: what does the law say?
A landlord has quite the right to rent a room of his principal residence. He has not no permission to ask. But renting a part of his house is subject to precise regulations such as:
- the signing of a furnished lease contract,
- a information leaflet on the rights and duties of both parties,
- establishment of mandatory real estate diagnostics, some may vary according to the region or date of the building: energy performance diagnosis (EPD), exposure to lead exposure risk (CREP), asbestos, state of natural, mining and technological risks (ENMT).
The exhibit must also comply with the decency and sanitary criteria provided by law:
- a surface of 9 m² minimum and a ceiling height of 2.20 meters (or 20m3),
- of the compliant electrical outlets Standards,
- the presence of a window opening on the outside for natural lighting with the possibility of aerating
- access to the kitchen, bathroom and toilet
Warning: a tenant must obtain the prior agreement of his lessor before subletting a room.
And on the tax side...
Rents collected by private donors are exempt from tax under three cumulative conditions:
1- The rent must not exceed a threshold set by the administration.
Ile-de-France annual ceiling in 2016: 184 euros / m²
Province annual ceiling in 2014: 135 euros / m²
2- The rented room must be part of the main residence of the lessor.
3- The room must be decent and furnished with equipment in good condition and functioning.
If revenues exceed exceed 32,900 euros, your income will be declared in "industrial and commercial profits" (BIC). If this is not the case, the micro-BIC scheme will apply automatically.
On the other hand, renting a separate furnished room the lessor's dwelling does not benefit from the exemption scheme.
Here is a checklist before renting, not to forget anything
Before renting a part of your house, it is important to check if the rules of your condo do not forbid it.
It is also essential to inform the home insurance company and review your real estate diagnoses. The energy performance diagnostic (EPD) must be less than 10 years old and a state of natural and technological risks (NERRS) of less than 6 months.
It is also a good idea to check that the furniture and equipment provided are in good working order.
Be careful, if living with your tenant becomes a real nightmare, you will not be able to cancel the lease before the due date. So, choose the person who will come live in your home!