Tenancy Agreement & Electronic Signature: ALUR Act 2026

The dematerialisation of the real estate sector has accelerated since 2014: landlords, agencies and property managers are now seeking to sign a tenancy agreement electronically without compromising the legal validity of the contract. The ALUR Act (Access to Housing and Urban Renewal), enacted on 24 March 2014, laid the foundations for precise regulation. Combined with the European eIDAS regulation and Articles 1366-1367 of the Civil Code, it provides a solid framework for digitally dematerialising any rental contract with confidence. In this article, we explain the conditions for validity, the required signature levels, practical obligations and mistakes to avoid in order to secure your residential or commercial tenancies.

ALUR Act and Electronic Signature: What the Legislation Says

The fundamental contributions of the ALUR Act

Adopted under the Ayrault government, the Act No. 2014-366 of 24 March 2014 (known as the ALUR Act) profoundly reformed landlord-tenant relations. Among its major advances is the regulation of contractual documents: information notice, inventory of fixtures, global technical assessment. It does not prohibit electronic signature in the slightest; on the contrary, it is part of a broader movement validated by Act No. 2000-230 of 13 March 2000 on evidence and electronic signature.

Concretely, the ALUR Act imposes:

• A standard rental agreement defined by decree (Decree No. 2015-587 of 29 May 2015 for unfurnished properties, Decree No. 2015-588 for furnished properties).
• Mandatory annexes: energy performance certificate (EPC), natural risks assessment (ERNMT/ERP), information notice provided to the tenant.
• The provision of a signed copy to each party — an obligation satisfied by sending an electronically signed PDF.

No article of the ALUR Act requires a handwritten signature. Validity is based on compliance with contractual formalities (mandatory clauses, annexes) and the probative value of the chosen signature.

Legal equivalence of electronic signature

Article 1366 of the Civil Code provides that "an electronic document has the same probative force as a document on paper". Article 1367 clarifies that an electronic signature is valid provided that it "consists of the use of a reliable identification process guaranteeing its link with the act to which it is attached". Thus, a tenancy agreement signed electronically with a qualified service provider is enforceable in court in the same way as a paper contract signed with initials.

eIDAS Signature Levels for a Tenancy Agreement

Simple, Advanced or Qualified Signature: Which to Choose?

The European regulation eIDAS No. 910/2014 distinguishes three levels of electronic signature, each offering an increasing level of security and probative value:

| Level | Identification | Recommended Use | |---|---|---| | Simple (SES) | Email + SMS OTP | Low-stakes contracts | | Advanced (AES) | Verified identity document, cryptographic link | Residential tenancies, furnished lettings | | Qualified (QES) | Qualified certificate QSCD | Notarised deeds, sale promises |

For a residential tenancy (Act of 6 July 1989) or a furnished tenancy (Article 25-3 of the same Act), the advanced electronic signature (AES) constitutes the recommended standard in 2026. It guarantees:

• The uniqueness of the signatory's identity (document verification).
• Document integrity after signature (cryptographic seal).
• Non-repudiation (the signatory cannot deny having signed).

Simple signature may be sufficient for low probative value documents (notice of departure, rent receipts), but it exposes the landlord to easier contestation in case of dispute.

Special Case of Commercial Tenancies

Commercial tenancies (status of commercial tenancies, Articles L. 145-1 et seq. of the Commercial Code) are not subject to the ALUR Act, but fully benefit from the equivalence established by the Civil Code. Given the sums involved and the duration of commitments (3-6-9 year leases), the use of an advanced signature, or even qualified signature, is strongly advised. Certain related acts (lease assignment, pledging) may require a notarised deed, therefore a QES or the involvement of an electronic notary.

Practical Procedure for Electronically Signing a Tenancy Agreement

Preparation of Documentary Files

Before launching the signature procedure, the landlord or property manager must compile a complete and compliant file:

1. Tenancy agreement drafted according to the regulatory model (2015 decrees) with all mandatory clauses: Carrez or Boutin area, amount of service charges, rent review rules (IRL — Rent Reference Index published quarterly by INSEE).
2. Mandatory annexes: EPC (energy rating, since the Climate and Energy Act of 2019), ERP, move-in inventory, information notice.
3. Verified identity of parties: identity card or passport of the tenant sent in advance for KYC (Know Your Customer) authentication.

A tool like the Certyneo AI contract generator can automate compliance of the tenancy model with the latest regulatory requirements, reducing drafting errors.

Step-by-Step Signature Workflow

A compliant eIDAS electronic signature platform orchestrates the process in several stages:

1. Upload of the tenancy agreement in PDF/A format (long-term archiving).
2. Definition of signatory order (landlord first, then tenant(s), then guarantor if applicable).
3. Identity verification: sending a secure link, identity document capture, biometric verification or OTP depending on the chosen level.
4. Cryptographic signature: application of digital seal, certified timestamp.
5. Automatic sending of signed copies to each party (legal obligation fulfilled).
6. Evidence-based archiving: document retention in a compliant digital safe for the entire legal duration.

Retention and Archiving of Signed Tenancies

The retention period for a signed rental tenancy is governed by several texts. The ordinary prescription period (Article 2224 of the Civil Code) is 5 years from the date of discovery of the facts. However, disputes relating to service charges may extend up to 3 years (Article 7-1 of the Act of 6 July 1989). In practice, it is recommended to retain electronically signed tenancy agreements for at least 10 years after the end of the contract, in an evidence-based electronic archiving system (SAE) compliant with NF Z 42-013 standard.

Certyneo integrates a certified SAE directly into its platform, relieving real estate professionals from managing a third-party archiving service provider. To compare market solutions, consult our electronic signature solutions comparison guide.

Operational and Economic Benefits for Real Estate Professionals

Reduction in Signing Lead Times

The traditional cycle for signing a tenancy agreement involves printing the contract in multiple copies, postal sending or physical delivery, collecting initials and signatures on each page, then returning a copy. This process takes an average of 5 to 10 working days. With electronic signature, this time drops to less than 24 hours, even just a few hours for responsive tenants. According to sectoral benchmarks published by professional property management associations, the time saving in the contracting phase reaches 70 to 85%.

Reduction in Direct Costs

Beyond the time savings, dematerialisation generates measurable savings:

• Elimination of printing costs: a complete tenancy file with annexes represents 15 to 30 pages; multiplied by 2 copies and hundreds of contracts per year, the saving is significant.
• Elimination of postage costs: registered mail with acknowledgement of receipt for the provision of certain documents.
• Reduction in physical storage costs: digital archiving versus filing cabinets.

Sectoral estimates evaluate the total cost of a paper contract at between £12 and £24 (printing, sending, management, archiving), compared to £1 to £2 for electronic signature all-inclusive. To precisely measure your return on investment, use Certyneo's ROI calculator for electronic signature.

Improved Tenant Experience

In 2026, tenants — particularly young professionals and students — are increasingly favouring 100% digital procedures. The ability to sign a tenancy agreement from a smartphone, without visiting an agency, has become a differentiating argument for landlords and property managers. It also reduces abandonment rates during signature (the tenant cannot "lose" their copy or forget to return it signed).

For a comprehensive overview of electronic signature usage in the real estate sector, visit our dedicated page on electronic signature in real estate.

Legal Framework Applicable to Electronic Signature of a Tenancy Agreement

The legal validity of an electronically signed tenancy agreement rests on a coherent layering of national and European texts that must be thoroughly understood.

Civil Code: Foundation of Electronic Evidence

Article 1366 of the Civil Code establishes that "an electronic document has the same probative force as a document on paper subject to being able to duly identify the person from whom it emanates and it being established and retained under conditions such as to guarantee its integrity". Article 1367 defines a valid electronic signature as one that "consists of the use of a reliable identification process guaranteeing its link with the act". Reliability is presumed until proven otherwise for signatures qualified under eIDAS.

Regulation eIDAS No. 910/2014 and eIDAS 2.0

The European Regulation eIDAS No. 910/2014 (European Identity and Authentication Services), in force since 1 July 2016, creates a unified framework for electronic signature across the entire European Union. It distinguishes the three levels (SES, AES, QES) and requires qualified trust service providers (QTSP) to be registered on a national trust list (in France, the list published by ANSSI). Regulation eIDAS 2.0 (EU Regulation 2024/1183, progressively coming into force from 2024) strengthens interoperability and introduces the European digital identity wallet (EUDIW), which should impact identity verification processes for tenancies from 2026-2027 onwards.

Act No. 2014-366 (ALUR) and Implementing Decrees

The ALUR Act imposes strict formalities: standard contracts, mandatory annexes, information notice. It does not restrict the form of signature but requires the provision of a signed copy to each party — an obligation satisfied by sending an electronically signed PDF with receipt confirmation (audit trail). Decree No. 2015-587 specifies the content of the standard contract for unfurnished properties, Decree No. 2015-588 for furnished properties.

GDPR No. 2016/679: Protection of Personal Data

Collection of identity data (identity document, biometric data for verification) as part of a KYC process is subject to the GDPR. The data controller (landlord or property manager) must have a legal basis (contract performance — Article 6.1.b), inform the tenant via a privacy notice and comply with retention periods. Biometric data collected during identity verification constitutes sensitive data (Article 9 GDPR): their processing must be minimal and contractually framed with the signature service provider.

ETSI Standards and Archiving

The standards ETSI EN 319 132 (XAdES), ETSI EN 319 122 (CAdES) and ETSI EN 319 162 (PAdES) define the technical formats of electronic signature recognised in the EU. For long-term archiving, the PDF/A format (ISO 19005) combined with a PAdES LTA signature (Long-Term Archival) guarantees document validity beyond the expiration of the signature certificate. The French standard NF Z 42-013 governs evidence-based electronic archiving systems.

Legal Risks in Case of Non-Compliance

A non-compliant electronic signature (lack of identity verification, expired certificate, non-standard format) may be reclassified as mere commencement of proof in writing, exposing the landlord to contestation of the contract and the burden of proving the tenant's consent by other means. In case of dispute over the amount of service charges or the security deposit, the absence of a complete audit trail considerably weakens the landlord's position before the competent civil court.

Use Scenarios: Electronic Signature of Tenancy in Practice

Scenario 1 — An estate agency managing a portfolio of 300 properties

An intermediary-sized estate agency managing approximately 300 rental properties (principal residences and student furnished properties) processed around 120 lettings entries each year. The paper signature process engaged two part-time staff members for administrative management: printing of files, follow-ups of absent tenants, registered mailings for mandatory annexes. The average time between tenant selection and effective signature of the tenancy was 8 working days, regularly generating risks of withdrawal.

Following deployment of an advanced electronic signature solution integrated with their property management software, the average signature time fell to less than 36 hours. The withdrawal rate after selection dropped from 18% to less than 5%. Printing and postage costs were reduced by approximately 80%. Document compliance (presence of all mandatory annexes) reached 100% thanks to automated control workflows before sending.

Scenario 2 — An institutional landlord with a portfolio of intermediate social housing

An intermediate housing organisation managing several hundred rental units faced a specific challenge: its tenants, often in professional mobility, were geographically dispersed and could not always visit an agency to sign. Recourse to paper proxy arrangements was frequent, complicating management and increasing the risk of errors.

By adopting advanced electronic signature with remote identity verification, the organisation eliminated virtually all proxy arrangements. Signatories located in another city or abroad (returning expatriates) sign from their smartphone in less than 15 minutes. Automatic archiving in a certified SAE allowed the organisation to reduce the time spent processing disputes before departmental conciliation commissions by 40%, with files instantly retrievable complete with their audit trail.

Scenario 3 — A Property Management Firm Specialising in Commercial Tenancies

A property management firm managing around fifty commercial and artisanal premises on behalf of institutional and private owners faced particularly long signature lead times on 3-6-9 year tenancies: negotiation of clauses, back-and-forth between lawyers, signature of the final deed. Each commercial tenancy mobilised an average of 3 weeks of administrative time after terms were validated.

Integration of a qualified signature solution (QES) for high-stakes commercial tenancies (annual rents exceeding £40,000) and an advanced signature (AES) for lower-value tenancies allowed the post-negotiation administrative lead time to be reduced to less than 72 hours. Document version tracking and certified timestamp audit trail simplified verifications during business transfers, a frequent scenario requiring production of the original signed tenancy.

Conclusion

Electronically signing a tenancy agreement is not only legal in France, but is today the most secure and efficient practice for landlords, property managers and tenants. The ALUR Act, the Civil Code and the eIDAS regulation form a coherent legal triptych that fully validates the dematerialisation of rental contracts, provided the appropriate signature level is respected and compliant evidence-based archiving is ensured.

In 2026, real estate professionals who have not yet digitised their signature process expose themselves to competitive delays, avoidable operating costs and unnecessary legal risks. Certyneo offers a turnkey solution, eIDAS-compliant, integrable with your business tools, with built-in evidence-based archiving.

Discover how Certyneo can transform your property management: start your free trial on certyneo.com/signup or consult our pricing to find the package tailored to your portfolio.