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Amount of rent for a privately owned dwelling

Verified 15 July 2022 - Legal and Administrative Information Directorate (Prime Minister)

The rent of a dwelling (rented with a residential lease or mobility lease) is freely fixed by the owner. But, in the cities located in the tense zone, rent guidelines dialogue box. In these cities, the rent must not exceed a maximum amount when the lease is returned (in the case of a new tenant) and when the lease is renewed (in the case of the same tenant).

To find out if your municipality is located in a tense zone:

Check that a housing is in a tense area

Warning  

Paris, Lille, Hellemmes and Lomme, Lyon and Villeurbanne, Montpellier, Bordeaux and municipalities of Common plain and East Together apply even stricter rules.

Framing (stretched area)

The rent of some accommodation must respect other rules: accommodation 1948 acthousing agreed by Anah (excluding intermediate rent agreements)housing HLM, tourist furniture, subletting.

The rent is freely fixed by the owner.

The owner may revise rent 1 times a year provided that this is provided for in the lease.

When the rent is undervalued relative to the market price, it is possible to increase the amount at the renewal of the lease (no one gives notice).

To do this, the dwelling must meet an energy performance criterion and the owner must perform a specific procedure.

After less than 18 months of inoccupation

The rent of a dwelling placed on the market after less than 18 months of inoccupation may be increased in only some cases:

  • Whenit was not revised in the last 12 months
  • When work have been carried out since the departure of the former tenant and that the accommodation meets an energy performance criterion
  • Whenhe is undervalued and the housing meets an energy performance criterion

To learn more:

Rent not revised

If no revision has occurred in the past 12 months, the rent may be increased by the annual variation of IRL published on the date of signature of the new lease.

Please note

the amount of rent applied to the last tenant must be included in the lease.

If the new rent exceeds reference rent increased effective on the date of signing of the lease, the tenant may dispute by sending a letter with acknowledgement of receipt to the owner (recommended procedure).

If it fails, it must enter the departmental conciliation board on which the house depends. This procedure is free of charge and obligatory in order to be able to refer the matter to the judge.

If the intervention of the commission results in a failure, the tenant may refer the matter to the protection litigation judge the court on which the house depends.

Work

Work not less than 50% of the last year of rent

The new rent may be increased if the following 2 conditions are met:

  • The owner financed improvement work (excluding energy-saving work that resulted in a rent increase for reduction of charges) or work that was standards of decency
  • Housing consumption of primary energy is less than 331 kWh per square metre per year. An energy performance diagnosis less than 4 years old must attest to this.

This work shall:

  • have been carried out since the departure of the last tenant, in the common or private areas
  • be at least 50% of the last year of rent (excluding charges)

If these conditions are met, the annual rent charged with the previous tenant may be increased by 15% of the amount of the work, including tax.

FYI  

the amount of rent applied to the last tenant must be included in the lease.

If the new rent exceeds reference rent increased effective on the date of signing of the lease, the tenant may dispute by sending a letter with acknowledgement of receipt to the owner (recommended procedure).

If it fails, it must enter the departmental conciliation board on which the house depends. This procedure is free of charge and obligatory in order to be able to refer the matter to the judge.

If the intervention of the commission results in a failure, the tenant may refer the matter to the protection litigation judge the court on which the house depends.

Work not less than last year of rent

The new rent is freely fixed when the following 3 conditions are met:

  • Of improvement work have been done for less than 6 months
  • The amount of the work is at least equal to the last year of rent
  • Housing consumption in primary energy is less than 331 kWh per m2 per year. An energy performance diagnosis less than 4 years old must attest to this.

Please note

the amount of rent applied to the last tenant must be included in the lease.

If the new rent exceeds reference rent increased effective on the date of signing of the lease, the tenant may dispute by sending a letter with acknowledgement of receipt to the owner (recommended procedure).

If it fails, it must enter the departmental conciliation board on which the house depends. This procedure is free of charge and obligatory in order to be able to refer the matter to the judge.

If the intervention of the commission results in a failure, the tenant may refer the matter to the protection litigation judge the court on which the house depends.

Old undervalued rent

It is possible to increase the rent applied to the former tenant if the following 2 conditions are met:

  • This rent is undervalued. It is possible to estimate the undervaluation of rent based on rents usually found for comparable housing in the same geographic area.
  • Housing consumption in primary energy is less than 331 kWh per m2 per year. An energy performance diagnosis less than 4 years old must attest to this.

When these 2 conditions are met, the rent can be increased. However, the increase in rent must not exceed 50% of the difference between the following 2 sums:

  • Amount of rent determined by reference to rents in the vicinity for comparable housing
  • Last rent applied to the previous tenant, possibly revised on the IRL if this has not been done in the last 12 months

If the new rent exceeds reference rent increased effective on the date of signing of the lease, the tenant may dispute by sending a letter with acknowledgement of receipt to the owner (recommended procedure).

If it fails, it must enter the departmental conciliation board on which the house depends. This procedure is free of charge and obligatory in order to be able to refer the matter to the judge.

If the intervention of the commission results in a failure, the tenant may refer the matter to the protection litigation judge the court on which the house depends.

After more than 18 months of inoccupation

The rent is freely fixed by the owner.

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

Other

The landlord can freely set the amount of rent he wishes to apply, whether it is an empty or furnished dwelling.

The owner may revise rent 1 times a year provided that this is provided for in the lease.

If the rent is clearly undervalued, the landlord can offer the tenant a new rent, respecting a procedure.

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