Guest Occupancy Agreement (France)
A France-specific guest occupancy agreement granting a personal licence to occupy that does not create a residential tenancy or security of tenure. Covers permitted length of stay, house rules and liability.
What's included
- Personal licence to occupy — no tenancy created
- Clear permitted length of stay
- House rules and conduct
- Fee or contribution terms (if any)
- Liability and belongings clause
- No security of tenure statement
- Termination and departure terms
- Emergency contact
- Host and guest signature block
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🇫🇷 Local law notes — France
A guest occupancy is a revocable personal licence (or occupation précaire) resting on the Code civil, not on the tenancy statute of 6 July 1989, so it confers no security of tenure. French courts judge the substance over the label: absence of exclusive possession, genuinely short duration, shared living and host control are what keep it outside protected-tenancy rules. Charging full market rent for self-contained exclusive space risks recharacterisation as a lease with full tenant protections and eviction restrictions (including the winter eviction truce, trêve hivernale).
Inside the document
1. Parties and Premises
This agreement is between the host (occupant principal/propriétaire) and the guest for temporary occupation of a room or space within the host's property. It identifies the space and any shared areas the guest may use.
2. Nature — Personal Licence
This grants a personal, revocable licence to occupy (or occupation précaire) and does not create a residential tenancy, lease, or security of tenure. The Loi du 6 juillet 1989 does not apply; the arrangement rests on the parties' agreement and the Code civil.
3. Permitted Length of Stay
The guest may occupy from the start date until the stated end date. The stay is temporary and short by nature; it does not renew automatically, and continued presence beyond the end date requires the host's fresh written agreement.
4. Fee or Contribution
The agreement states whether the stay is free, or subject to a contribution to costs or a fee, together with the amount and payment terms. Any modest contribution does not convert the licence into a tenancy.
5. Shared Living and House Rules
The guest shares the host's home and respects the house rules: quiet hours, cleanliness, use of kitchen and bathrooms, and consideration for the host and household. Disruptive conduct may end the stay.
6. No Exclusive Possession
The guest does not have exclusive possession of the property; the host retains access and control and may enter shared and, where reasonable, occupied areas. This reinforces that the arrangement is a licence rather than a lease.
7. Liability and Belongings
The guest occupies at their own risk, is responsible for damage they cause, and insures their own belongings; the host is not liable for the guest's personal property. The guest should hold appropriate personal liability cover (responsabilité civile).
8. Guests and Visitors
The guest may not invite others to stay overnight or sublet, share or transfer the space, without the host's consent.
Frequently Asked Questions
Can a guest claim tenant protection under French law from this agreement?
The agreement is designed as a personal licence to occupy without exclusive possession, so it does not create a tenancy under the Loi du 6 juillet 1989. However, French courts look at the reality of the arrangement, so genuinely short, shared, host-controlled occupation is essential.
How long can a guest occupancy last in France?
It should stay genuinely temporary and short. There is no fixed statutory maximum, but the longer, more exclusive and more rent-like an occupation becomes, the greater the risk it is recharacterised as a protected tenancy.
Can I charge the guest anything?
A modest contribution to costs is acceptable and does not by itself create a tenancy. Charging a full market rent for exclusive, self-contained space, however, points strongly toward a lease rather than a licence.