Housing in exchange for services: we tell you everything

In the field of real estate, the principle of renting is to exchange an amount of money (the rent) in order to acquire the authorization to use someone else's dwelling (usufruct). However, nowadays, the possibility of occupying a dwelling with the owner's consent without paying rent has become a real real estate news. This trend, often called housing in exchange for services, allows many people to benefit from a roof in exchange for various tasks or services.

Housing in exchange for services: what is it really about?

Housing in exchange for services is a category of rental that allows any person enjoying the use of a property (whether an owner or a tenant) to offer all or part of their dwelling free of charge or for a rather modest rent in exchange for the performance of small tasks: gardening, cleaning, shopping, babysitting, tutoring, assistance to the elderly...

It can be said that it is an excellent alternative for all parties involved. Indeed, owners of dwellings that have become too large for them (disabled or elderly people, retirees, divorced men or women, students...) can simplify their lives at a lower cost.

Moreover, profiles who do not have the necessary budget for a traditional rental (unemployed, students...) have the possibility to find housing in exchange for a few hours of work per week.

Is it necessary to draw up a rental agreement?

For a long-term rental, a contract is mandatory, with the payment of rent. However, a lease must be drawn up if the occupant lives alone in the dwelling, for example in a secondary residence of the owner. This is called commodatum or loan for use. Through this lease, "one party delivers an item to the other for use," "the taker must return it after using it." Such a type of lease also allows you to justify the housing situation to the authorities. Although the dwelling is not empty, it does not provide you with any income.

If the cohabiting partner lives in the host's dwelling, no document is necessary. However, it is always preferable to write down the duration and conditions of the accommodation. It is also advisable to specify the number of hours of work.

Indeed, it is not easy to welcome a stranger into your home or to live with your employers, for example. A written agreement will help you avoid any unpleasant surprises. Even if the occupant does not pay any rent, you can ask them to contribute to some expenses such as internet or electricity.

What should the contract contain?

• The contact details and names of the parties involved
• The duration of the exchange of services for accommodation
• The schedule and number of hours to be performed
• The nature of the services
• The different rules for sharing common areas, as well as house rules
• The designation of the dwelling or vacant room made available to the occupant
• The distribution of various rental charges

The different types of contracts

Depending on the number of hours to be performed by the cohabiting partner, the form of lease may vary:

• The employment contract: if the value of the services rendered is greater than that of the dwelling, it is therefore a domestic employee contract providing for a company housing. This is then designated as benefits in kind and fully deducted from the salary. That said, the owner must make a declaration to the URSSAF as a private employer.

• The rental contract: this type of contract is very practical. Indeed, the services rendered have a lower value compared to that of the dwelling. It is a furnished lease whose rent is paid in kind. Of course, the services performed must not prevent the occupant from carrying out any professional activity in parallel. In this context, it is not necessary to make a declaration to the URSSAF.

• The au pair contract: this practice is very regulated. It concerns a family employee hired by a private individual to perform various domestic tasks in exchange for remuneration consisting exclusively of benefits in kind (food, accommodation...). In this case, you are required to make a declaration to the URSSAF.

Discover the different contracts on the ToitChezMoi platform, the housing platform in exchange for services.