Numerous SCI are set up to manage real estate assets and in particular rented properties.
For rentals for residential use constituting the principal residence of the tenant, the law of July 6, 1989 sets out specific rules when the lessor is a legal entity.
The "family" SCI
When the partners of the SCI are all members of the same family and are relatives or allies up to and including the4th degree, the SCI lessor is treated as a natural person.
- - The lease is concluded for at least 3 years,
- - It is possible to conclude a lease of reduced duration, when one of the partners needs to take over the property for professional or family reasons,
- - It is possible to ask for a guarantee, just as a natural person lessor could ask for it,
- - It is possible to give notice to take over the property to the benefit of one of the partners of the SCI.
The other forms of SCI
When the SCI is not exclusively constituted between relatives and allies up to and including the4th degree, different rules apply:
- - The lease is concluded for a period of 6 years at least,
- - It is not possible to conclude a lease for a shorter period,
- - The guarantee can only be requested if it is provided by an organization whose list is fixed by law (FSL, organization managing the 1% employer's contribution...) or if the accommodation is rented to a student who is not receiving a grant,
- - It is not possible to issue a notice of termination for the repossession of the dwelling, even for the benefit of one of the partners of the SCI.