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Payment of rent by tenant

Verified 04 octobre 2021 - Legal and Administrative Information Directorate (Prime Minister)

The rent is payable on the date indicated on the lease. In case of difficulties in paying the rent, it is recommended to inform the owner (also called landlord).

Private Housing

Fixing

The rent of an empty or furnished rental unit used as the main residence by the tenant is in principle freely fixed by the owner.

However, municipalities in tense areas are subject to rent guidelines. In these cities, the rent is capped when renting the house (in the case of a new tenant) and when renewing the lease (in the case of the same tenant).

Attention Paris and Lille have already been subject to specific rules.

Check that a housing is in a tense area

Directorate of Legal and Administrative Information (Dila) - Prime Minister

  FYI : a clause in the lease may provide that the tenant will carry out the work in return for a reduction in the rent.

Lease review

The owner may revise rent 1 per year provided that a clause in the lease so provides.

However, the landlord loses the opportunity to revise the rent if he does not apply to the tenant within one year of the review date.

Rules

General case

Rent and charges shall be payable throughout the term of the lease.

Therefore:

Unsanitary housing

In case of prohibition of residence, the rent shall cease to be due from 1to the day of the month following the date of the unsanitary order.

In case of notice (leave)

In case of notice (leave), the payment period can be adjusted:

Departure decided by the tenant

The tenant is obliged to pay the rent and expenses during the entire period of notice. Unless, with the agreement of the owner, the accommodation is occupied by another tenant before the end of the notice.

Owner's Notice

The tenant is only obliged to pay the rent and expenses for the time he actually occupied the premises during the notice period.

The tenant must pay the rent and charges on the date specified in the lease.

In general, the rent is payable each month, either at the beginning or at the end of the month.

The landlord may propose to the tenant that the rent be paid by one of the following means:

  • Automatic debit to tenant's bank account
  • Interbank Payment Title
  • check
  • Cash, provided that the amount payable is less than €1 000

The tenant is free to refuse the owner's proposal.

  FYI : the landlord does not have the right to charge the rent on the tenant's salary, even with his agreement.

A rent receipt is a document that certifies that the tenant has paid the rent and all charges.

The owner (or estate agency) is obliged to give free a rent receipt to the tenant, if the tenant so requests.

  FYI : the rent receipt can be sent by e-mail (e-mail), provided the tenant has given his agreement.

The following is a sample letter that the tenant can use to request the landlord to provide a rent receipt:

Request a rental receipt from the landlord

National Institute of Consumer Affairs (INC)

The receipt must show the details of the amounts paid by the tenant, distinguishing the rent and the charges.

  FYI : in case of partial payment of the rent, the landlord or the real estate agency must give the tenant a receipt.

No fees may be charged by the owner for late payment.

It doesn't matter whether it's an empty or furnished dwelling.

A clause that allows the owner to collect fines or penalties for violating the lease agreement or the building regulations is abusive (it is ignored, as if it did not exist). It can be brought before the protection litigation judge of the court on which the dwelling depends.

  FYI : if the tenant repeatedly pays his rent late, the landlord is entitled not to renew the lease for legitimate and serious reasons.

If the tenant has difficulty paying the rent (but without unpaid rent), he has to try to find an amicable solution with the owner.

In case of persistent difficulties, social assistance may be granted to the tenant. In addition, housing assistance can be maintained to alleviate a rent debt and avoid eviction.

If these difficulties are added to another outstanding debt (e.g.: unpaid credit or invoice), the tenant can file debt overhang.

  Reminder : not paying rent and expenses is a reason to termination of the lease by the owner and eviction of the tenant. Paying in part can have the same consequences unless the tenant is not involved (example: non-payment of housing aid decent housing ).

The landlord can claim any outstanding charges or rents for 3 years, including after the tenant's departure. This time limit also applies to the tenant who has paid too many expenses and wants to be reimbursed for the overpayment.

Example :

A rent debt dated July 2019 may be charged until July 2022.

Regularisation is possible for any reason:

  • Forgotten
  • Ignorance
  • Negligence

However, the judge may refuse late settlement of charges if he considers it to be unfair, brutal and consequential fault of the owner in the performance of the contract. For example, when the tenant requested the adjustment of the charges and the landlord did not respond.

  FYI : if the landlord has not revised the rent on the date specified in the lease, it can do that within a year.

Social housing

The amount of rent for social housing is fixed according to a calculation rule for lessor. The amount of rent is then annually.

The tenant can get a monthly reduction in the amount of his rent. This is the solidarity rent reduction (EPIRB).

Solidarity rent supplement (SLS) says surrent can be claimed from the tenant when these revenues exceed maximum amount.

If the tenant's income is even higher, the tenant may lose the right to remain in social housing.

Rent and charges shall be payable throughout the term of the lease.

Therefore:

You must pay your rent and charges on the date specified on your lease.

In general, the rent is payable at the month, either at the beginning or at the end of the month.

If the rent is payable on a different frequency (quarterly for example), the tenant can still require a monthly payment.

You can pay your rent by any means (check, bank transfer or cash up to a maximum amount).

The landlord does not have the right to impose the automatic levy as a means of payment of rent.

The landlord does not have the right to collect or have the rents deducted directly from your salary, even with your agreement.

In case of full payment of the rent (including charges), you can ask your landlord to send you a free rent.

To do this, you can use this letter template:

The receipt must include the following information:

In case of partial payment of the rent, the landlord must give you a receipt.

If the tenant has difficulty paying the rent (but without unpaid rent), he should try to find an amicable solution with the lessor.

In case of persistent difficulties, social assistance may be granted to the tenant.

If these difficulties are added to another outstanding debt (e.g.: unpaid credit or invoice), it is possible to deposit debt overhang.

  Reminder : not paying or paying part of the rent and expenses can be a cause of loss of right to remain.

  Reminder : not paying or paying part of the rent and expenses can be a cause of loss of right to remain.

The landlord can claim for 3 years any outstanding charges or rents, including after the tenant's departure.

Example :

A rent debt dated July 2021 may be charged until July 2024.

  Please note : this time limit also applies to the tenant who has paid too many expenses and wants to be reimbursed for the overpayment.

Regularisation is possible for any reason:

  • Forgotten
  • Ignorance
  • Negligence

However, the judge may refuse late settlement of charges if he considers it to be unfair, brutal and consequential fault of the owner in the performance of the contract. For example, when the lessee requested the adjustment of the charges and the lessor did not respond.