You Might Think…

“If nothing is signed, I can leave anytime – or evict someone anytime.”

Not quite. Even without a written tenancy agreement, legal rules still apply, and tenants have statutory protection. A landlord has only limited legal grounds to terminate and must follow the correct legal process.

What You’ll Learn in This Article

• How the law regulates the written form of tenancy agreements and who can object to its absence

• When a tenancy is considered legally valid without a signature thanks to the three-year “good faith” protection

• What rights and obligations apply to both sides even without a written agreement

• Practical steps: what to confirm in writing immediately and how to reduce risks

• A real-life example and a quick checklist

How the Law Sees It

The Civil Code requires that a tenancy agreement for a flat be concluded in writing.

However, only the tenant can invoke invalidity due to the lack of written form – not the landlord.

This means the landlord cannot unilaterally declare the tenancy invalid solely because no contract was signed.

Three-Year Good Faith Protection

If a tenant has occupied a flat for at least three years in good faith that the tenancy exists legally, the law considers the tenancy properly concluded (§ 2238 of the Civil Code).

This legal fiction protects tenants from exploitation of the fact that the contract was never formally signed.

What This Means in Practice

• A tenancy can exist even without a written document – all that’s needed is occupation of the property and payment of rent.

• Without written terms, it’s hard to prove what was agreed – e.g., rent amount, deposit, service charges, repair responsibilities, notice period.

• The tenant is protected – the landlord needs statutory grounds and proper notice to terminate.

• Deposits and utilities – without a written agreement, proving the amount of the deposit or the scope of services charged is difficult.

Practical Steps – What to Do Right Away

1. Write a one-page confirmation – include the property address, names of tenant and landlord, rent amount, deposit (if paid), service charge advances, date of handover, and meter readings.

2. Make all payments traceable – ideally by bank transfer or with a signed receipt.

3. Conclude a proper written contract as soon as possible – or at least an addendum confirming the existing arrangement.

Real-Life Example

A tenant paid cash “by hand” for two years. When relations soured, the landlord claimed the tenant owed three months’ rent; the tenant insisted it was paid.
With no proof of payments and no clear terms, the dispute dragged on and ended in a compromise – each side bore their own costs. One page of written confirmation would have saved years of stress and money.

Lawyer’s Recommendation – Checklist

✅ Put key terms in writing (rent, deposit, services, repairs, handover, and meter readings)
✅ Make all payments by bank transfer or with a signed receipt
✅ Within 24 hours of moving in, exchange an email summarising the agreed terms
✅ Sign a standard written tenancy agreement as soon as possible

Frequently Asked Questions (FAQ)

Is an oral tenancy for a flat valid?
The law requires written form, but only the tenant can claim invalidity due to lack of form.

When is a tenancy considered properly concluded without a signature?
After 3 years of occupation in good faith, under § 2238 of the Civil Code.

Can I get my deposit back if it’s not in the contract?
Yes, if you can prove you paid it (e.g., bank transfer or signed receipt).