What is the rent control to respect in tense areas?
Verified 01 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Rent control sets a limit on the rent set by the owner of a rental unit with a residential lease (including a mobility lease). He shall apply in the municipalities situated in stretched area.
You can check if your municipality is in a tense area using this simulator:
Verify that a dwelling is in a stretched area
It exists 2 types of rent control :
- the rules that apply in most townships in stretched areas
- specific rules (including the rent supplement, the reference rents (reduced and increased) which apply to Paris, Lille, Hellemmes, Lomme Common plain, Lyon and Villeurbanne, Is Together, Montpellier (since 1er July 2022) and Bordeaux (since 15 July 2022). If the owner does not comply with these rules, he may be fined up to €5,000 (or €15,000 in the case of a legal person).
Municipality in a stretched area
FYI
Some dwellings are not covered by the rent controls because they are subject to other rules. These are the dwellings subject to the 1948 law or contracted by the Anah (excluding intermediate rent agreements), social housing (HLM), furnished tourist goods and subleases.
When the dwelling is rented for 1re Once, the landlord freely sets the rent.
The owner can review rent once a year, provided that it is provided for in the lease.
Warning
- In mainland France, when the lease is signed since August 24, 2022 and concerns a housing classified F or G (classification indicated on the DPE: titleContent), it is forbidden to revise its rent.
- In Guadeloupe, Martinique, Guyane, Reunion and Mayotte, when the lease is signed after the 1er July 2024 and concerns a housing classified F or G (classification indicated on the DPE: titleContent), it is forbidden to revise its rent.
Where the rent is understated in relation to the market price, the landlord may increase the amount of rent at the renewal of the lease, under certain conditions. But it must do so in accordance with certain rules.
Warning
a mobility lease cannot be renewed.
The amount of rent applied to the last tenant must be shown in the lease.
The landlord can only increase the rent in certain cases.
The date of signature of the lease is decisive:
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Lease signed since August 24, 2022
Unrevised rent in last 12 months
If no revision has been made in the last 12 months, the landlord may increase the rent by the annual variation of the IRL published on the date of signature of the new lease.
Warning
- In metropolitan France, when the lease concerns a dwelling classified F or G (class indicated on the DPE: titleContent), it is forbidden to revise its rent.
- In Guadeloupe, Martinique, French Guiana, Reunion and Mayotte, the owner freely fixes the rent, whatever the class of the accommodation indicated on the DPE: titleContent. This rule is valid until 1er July 2024.
Work carried out since the departure of the former tenant
Work for an amount of at least 50% of the last year of rent
The new rent may be increased when the landlord has financed improvement work (excluding energy-saving works which have given rise to an increase in rent for reduction of charges) or work which has been standards of decency
This work must:
- Have been realized since the departure of the last tenant, in the common or private areas
- And 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 TTC: titleContent.
Warning
- In metropolitan France, when the lease concerns a dwelling classified F or G (class indicated on the DPE: titleContent), it is forbidden to increase its rent.
- In Guadeloupe, Martinique, French Guiana, Reunion and Mayotte, the owner can increase the rent, whatever the class of the accommodation indicated on the DPE: titleContent. This rule is valid until 1er July 2024.
Works for an amount at least equal to the last year of rent
The new rent is set freely when the following 2 conditions are met:
- Of improvement work have been done for less than 6 months
- The amount of this work is at least equal to the last year of rent
Warning
- In metropolitan France, when the lease concerns a dwelling classified F or G (class indicated on the DPE: titleContent), it is forbidden to increase its rent.
- In Guadeloupe, Martinique, French Guiana, Reunion and Mayotte, the owner can increase the rent, whatever the class of the accommodation indicated on the DPE: titleContent. This rule is valid until 1er July 2024.
Old undervalued rent
Where the rent charged to the former tenant is clearly undervalued, the landlord may increase the rent.
FYI
It is possible to estimate the undervaluation of a rent from rents usually recorded for comparable dwellings located in the same geographical area.
But the rent increase must not exceed 50% of the difference between the following 2 sums:
- Amount of rent determined by reference to rents in the neighborhood for comparable dwellings
- Last rent applied to previous tenant, if applicable revised on IRL if not done in the last 12 months
Warning
- In metropolitan France, when the lease concerns a dwelling classified F or G (class indicated on the DPE: titleContent), it is forbidden to increase the rent obviously undervalued.
- In Guadeloupe, Martinique, French Guiana, Reunion and Mayotte, the landlord can increase a rent that is clearly undervalued, regardless of the class of the dwelling indicated on the DPE: titleContent. This rule is valid until 1er July 2024.
Lease signed before August 24, 2022
Unrevised rent in last 12 months
If no revision has been made in the last 12 months, the landlord may increase the rent by the annual variation of the IRL published on the date of signature of the new lease.
Work carried out since the departure of the former tenant
Work for an amount of at least 50% of the last year of rent
The new rent can be increased when the following 2 conditions are met:
- The owner has financed improvement work (excluding energy-saving works which have given rise to an increase in rent for reduction of charges) or work which has been standards of decency
- When the dwelling is located in metropolitan France, its primary energy consumption is less than 331 kWh per m2 and per year. An energy performance diagnosis less than 4 years old must attest to this.
This work must:
- have been built 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 TTC: titleContent.
Works for an amount at least equal to the last year of rent
The new rent is set freely when the following 3 conditions are met:
- Of improvement work have been done for less than 6 months
- The amount of this work is at least equal to the last year of rent
- When the dwelling is located in metropolitan France, its primary energy consumption is less than 331 kWh per m2 and per year. An energy performance diagnosis less than 4 years old must attest to this.
Old undervalued rent
It is possible to increase the rent applied to the former tenant when the following 2 conditions are met:
- That rent is undervalued. It is possible to estimate the undervaluation of a rent from rents usually recorded for comparable dwellings located in the same geographical area.
- When the dwelling is located in metropolitan France, its primary energy consumption is less than 331 kWh per m2 and per year. An energy performance diagnosis less than 4 years old must attest to this.
When these two conditions are met, the rent can be increased. But the rent increase must not exceed 50% of the difference between the following 2 sums:
- Amount of rent determined by reference to rents in the neighborhood for comparable dwellings
- Last rent applied to previous tenant, if applicable revised on IRL if not done in the last 12 months
The rule to apply depends on the date the lease was signed:
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Lease signed since August 24, 2022
In metropolitan France, the landlord freely sets the rent of a house classified A, B, C, D or E. But the rent of a housing classified F or G must not be higher than the last rent applied to the previous tenant.
FYI
Overseas, the landlord freely sets the rent, regardless of the class of the dwelling. This rule is valid until 1er July 2024.
Lease signed before August 24, 2022
The landlord freely sets the rent.
Paris
In Paris, the rent of a dwelling whose lease is signed or renewed since 1er july 2019 is governed by reduced and increased reference rents.
These amounts vary according to the type of rental (empty or furnished), the number of rooms and the time of construction of the housing.
FYI
Some dwellings are not covered by the rent controls because they are subject to other rules. These are the dwellings subject to the 1948 law or contracted by the Anah (excluding intermediate rent agreements), social housing (HLM), furnished tourist goods and subleases.
Base rent
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
You can find out the reference rent plus this simulator:
Paris: Estimate reference rents (lease signed since July 2019)
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
FYI
The lease shall indicate:
- Basic rent (rent amount excluding charges and excluding charges) rent supplement),
- The reference rent and the reference rent plus in force on the date of signature of the lease and corresponding to the category of the dwelling (location, number of rooms...).
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Warning
a mobility lease cannot be renewed.
In the lead-up to the lease renewal:
- When the base rent (excluding charges and excluding rent supplement) is less than reduced reference rent, the owner may hire a rent revaluation share,
- When the base rent is higher than reference rent plus, the tenant may hire a rent-reduction action.
You can find out the reference rent plus this simulator:
Paris: Estimate reference rents (lease signed since July 2019)
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rent revaluation action
What are the conditions?
- The new rent (excluding expenses and excluding rent supplement) must not be greater than reduced reference rent in effect at the time the landlord informs the tenant. It is possible to know the reference rents.
- When the renewal takes place from 24 August 2022, the dwelling must be classified A, B, C, D or E (classification indicated on the DPE: titleContent). From that date, the rent of a dwelling classified as F or G may not be increased.
How to inform the tenant?
The landlord must inform the tenant of the new rent, at least 6 months before the end of the lease.
The owner must send a notification :
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either by hand delivery against receipt or signature
The notification shall contain the following:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and reference rent reduced used to determine it
FYI
when the owner commits a rent revaluation share, he cannot give his notice (leave) to the tenant for the term of the lease.
How do I challenge?
The tenant can challenge the rent revaluation share.
To do this, it must provide the owner with 6 references of rent of comparable dwellings, located:
- Either in the same group of buildings
- In any other group of buildings with similar characteristics and situated in the same geographical area
These rental references are available on the website of the rent observatory in the greater paris area.
In the event of disagreement or in the absence of a response from the tenant or landlord to the request for rent reassessment, either must seize, 4 months before the end of the lease, the Departmental Conciliation Committee (CDC).
If the disagreement persists despite the CDC's action, the protection litigation judge may be entered before the end of the lease.
Warning
if the judge is not seized of the matter before the end of the lease, the lease is renewed under the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord can revise to set the new rent.
How do I apply the new rent?
When a new rent is decided by the tenant and the landlord or by the judge, it applies progressively from the renewal of the lease.
The rent increase is spread out:
- For a lease of 3 years, 1/3 per year (or 1/6 per year if the rent increase is more than 10%)
- For a lease of 6 years, 1/6 per year
Example :
For a lease is 3 years, the last monthly rent (excluding expenses and rent supplement) applied to the tenant before the renewal of the lease is €600 and the new rent is €650 :
- The increase to be applied shall be €50 monthly
- This increase is less than 10% of the rent, because 600 X 10% = €60, so its application will be 1/3 per year.
- The monthly rent will be increased on 1re year of €16.67 per month (because €50 x 1/3 = €16.67 ), then 2e year of €33.33 per month (because €50 x 2/3 = €33.33), and 3e year of €50 per month.
However, the proposed increase must not exceed the higher of the following 2 limits:
- 50% the difference between the rent which corresponds to the rents charged in the neighborhood for comparable dwellings and the last rent applied to the tenant before the renewal of the lease (possibly revised if not done within the last 12 months)
- An increase in the annual rent equal to 15% the actual cost of the work done since the last renewal of the lease (improvement work or retrofitting work), where the amount of such work is at least equal to the amount of the last year's rent.
Rent reduction action
If the base rent (excluding charges and excluding rent supplement) entered in the lease is higher than the reference rent plus, the tenant may ask the landlord for the reduction in the base rent.
The following 2 conditions must be met:
- The tenant applies at least 5 months before the term of the lease
- The reference rent plus the rent taken into consideration shall be that in force on the date of the application
You can find out the reference rent plus this simulator:
Paris: Estimate reference rents (lease signed since July 2019)
The tenant must send his written request to the owner:
- Either by registered letter with acknowledgement of receipt
- Either by an act of Commissioner of Justice
- Either by hand delivery against receipt or signature
The application shall contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and increased base rent used to determine it
If the landlord refuses, or fails to respond to the tenant, the tenant must seize the Departmental Conciliation Committee (CDC) at the latest 4 months before the lease expires.
If no agreement is reached despite the CDC's action, the tenant can seize the protection litigation judge before the lease expires.
Warning
if the tenant does not bring the matter before the court within this period, the lease is renewed under the previous conditions of the rent. If the previous rent has not been revised in the previous 12 months, the landlord can revise.
The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.
Base rent
The base rent (excluding charges and excluding rent supplement) of a dwelling returned to the market after less than 18 months of vacancy may be increased in certain cases only:
- He wasn't revised in the previous 12 months
- Work improvement or setting standards of decency have been made since the departure of the former tenant
- He's undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
You can find out the reference rent plus this simulator:
Paris: Estimate reference rents (lease signed since July 2019)
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
Unrevised rent
The amount of the new rent must not exceed the amount of the last rent applied to the previous tenant.
However, it may be increased by the annual variation of the IRL published on the date of signature of the new lease, if none revision has not intervened in the last 12 months.
In any case, the new rent shall not exceed reference rent plus in force on the date of signature of the lease.
You can find out the reference rent plus this simulator:
Paris: Estimate reference rents (lease signed since July 2019)
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Warning
the amount of rent applied to the last tenant must be entered in the lease.
Works
Amount of work at least equal to 50% of the last year of rent
Conditions
The new rent may be higher than the last rent applied to the previous tenant, if the landlord has financed work.
This work may be
- of improvement work (excl. energy-saving works which resulted in an increase in rent for reduction of charges)
- or of the setting-up work standards of decency.
This work must
- have been built (in the common or private areas) since the departure of the last tenant
- and be at least 50% of the last year of rent (excluding expenses).
What new rent should be set?
If these conditions are met, the annual rent charged to the previous tenant may be increased:
- by an amount equal to 15 % of the amount of the work, including VAT,
- within the reference rent plus in force on the date of signature of the lease.
You can find out the reference rent plus this simulator:
Paris: Estimate reference rents (lease signed since July 2019)
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Amount of work at least equal to the last year of rent
What new rent should be set?
The new rent may be higher than the last rent applied to the previous tenant if improvement work have been carried out
- less than 6 months
- and for an amount at least equal to the last year of rent.
But the new rent cannot exceed reference rent plus in force on the date of signature of the lease.
You can find out the reference rent plus this simulator:
Paris: Estimate reference rents (lease signed since July 2019)
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Undervalued rent
If the rent with the previous tenant was undervalued, the new rent can be increased.
How do I know if the old rent is undervalued?
It is possible to estimate the undervaluation of a rent from rents usually recorded for comparable dwellings located in the same geographical area. These rental references are available on the website of the rent observatory in the greater paris area.
How do I fix the new rent?
The following 2 rules must be respected:
1re ruler, the rent increase shall not exceed 50 % of the difference between:
- Amount of rent determined by reference to rents in the neighborhood for comparable dwellings
- Last rent applied to previous tenant, if applicable revised on IRL if not done in the last 12 months
2e ruler, the new rent may not exceed reference rent plus in force on the date of signature of the lease.
You can find out the reference rent plus this simulator:
Paris: Estimate reference rents (lease signed since July 2019)
How do I challenge the new rent?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Base rent
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
It is possible to know the reference rent increased by using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
FYI
The lease shall indicate:
- Basic rent (rent amount excluding charges and excluding charges) rent supplement),
- The reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...).
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Montpellier
In Montpellier, the rent of a dwelling whose lease is signed or renewed since 1er july 2022 is governed by reduced and increased reference rents. These amounts vary according to the type of rental (empty or furnished), the number of rooms and the time of construction of the housing.
FYI
Some dwellings are not covered by the rent controls because they are subject to other rules. These are the dwellings subject to the 1948 law or contracted by the Anah (excluding intermediate rent agreements), social housing (HLM), furnished tourist goods and subleases.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
You can see the increased reference rents using this simulator:
Montpellier: Estimate benchmark rents (lease signed after June 2022)
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of bailiff)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement),
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...).
FYI
you can see the increased reference rents using this simulator.
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Warning
a mobility lease cannot be renewed.
In the lead-up to the lease renewal:
- when the base rent (excluding charges and excluding rent supplement) is less than reduced reference rent, the owner may hire a rent revaluation share,
- where the base rent is more than reference rent plus, the tenant may hire a rent-reduction action.
you can see the increased reference rents using this simulator:
Montpellier: Estimate benchmark rents (lease signed after June 2022)
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rent revaluation action
What are the conditions?
- The new rent (excluding expenses and excluding rent supplement) must not be greater than reduced reference rent in effect at the time the landlord informs the tenant. It is possible to know the reference rents.
- When the renewal takes place from 24 August 2022, the dwelling must be classified A, B, C, D or E (classification indicated on the DPE: titleContent). From that date, the rent of a dwelling classified as F or G may not be increased.
How to inform the tenant?
The landlord must inform the tenant of the new rent, at least 6 months before the end of the lease.
The owner must send a notification :
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of bailiff)
- Either by hand delivery against receipt or signature
The notification shall contain the following:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and reference rent reduced used to determine it
FYI
when the owner commits a rent revaluation share, he cannot give his notice (leave) to the tenant for the term of the lease.
How do I challenge?
The tenant can challenge the rent revaluation share.
To do this, it must provide the owner with 6 references of rent of comparable dwellings, located:
- Either in the same group of buildings
- In any other group of buildings with similar characteristics and situated in the same geographical area
These rental references are available on the website of rent observatory.
In the event of disagreement or in the absence of a response from the tenant or landlord to the request for rent reassessment, either must seize, 4 months before the end of the lease, the Departmental Conciliation Committee (CDC).
If the disagreement persists despite the CDC's action, the protection litigation judge may be entered before the end of the lease.
Warning
if the judge is not seized of the matter before the end of the lease, the lease is renewed under the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord can revise to set the new rent.
How do I apply the new rent?
When a new rent is decided by the tenant and the landlord or by the judge, it applies progressively from the renewal of the lease.
The rent increase is spread out:
- For a lease of 3 years, 1/3 per year (or 1/6 per year if the rent increase is more than 10%)
- For a lease of 6 years, 1/6 per year
Example :
For a lease is 3 years, the last monthly rent (excluding expenses and rent supplement) applied to the tenant before the renewal of the lease is €600 and the new rent is €650 :
- The increase to be applied shall be €50 monthly
- This increase is less than 10% rent, because 600 X 10% = €60, so its application will be 1/3 per year.
- The monthly rent will be increased on 1re year of €16.67 per month (because €50 x 1/3 = €16.67 ), then 2e year of €33.33 per month (because €50 x 2/3 = €33.33), and 3e year of €50 per month.
However, the proposed increase must not exceed the higher of the following 2 limits:
- 50% the difference between the rent which corresponds to the rents charged in the neighborhood for comparable dwellings and the last rent applied to the tenant before the renewal of the lease (possibly revised if not done within the last 12 months)
- An increase in the annual rent equal to 15% the actual cost of the work done since the last renewal of the lease (improvement work or retrofitting work), where the amount of such work is at least equal to the amount of the last year's rent.
Rent reduction action
If the base rent (excluding charges and excluding rent supplement) entered in the lease is higher than the reference rent plus, the tenant may ask the landlord for the reduction in the base rent.
The following 2 conditions must be met:
- The tenant applies at least 5 months before the term of the lease
- The reference rent plus the rent taken into consideration shall be that in force on the date of the application
you can see the increased reference rents using this simulator:
Montpellier: Estimate benchmark rents (lease signed after June 2022)
The tenant must send his written request to the owner:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice
- Either by hand delivery against receipt or signature
The application shall contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and increased base rent used to determine it
If the landlord refuses, or fails to respond to the tenant, the tenant must seize the Departmental Conciliation Committee (CDC) at the latest 4 months before the lease expires.
If no agreement is reached despite the CDC's action, the tenant can seize the protection litigation judge before the lease expires.
Warning
if the tenant does not bring the matter before the court within this period, the lease is renewed under the previous conditions of the rent. If the previous rent has not been revised in the previous 12 months, the landlord can revise.
The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.
Base rent
The base rent (excluding charges and excluding rent supplement) of a dwelling returned to the market after less than 18 months of vacancy may be increased in certain cases only:
- He wasn't revised in the previous 12 months
- Work improvement or setting standards of decency have been made since the departure of the former tenant
- He's undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
you can see the increased reference rents using this simulator:
Montpellier: Estimate benchmark rents (lease signed after June 2022)
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
Unrevised rent
The amount of the new rent must not exceed the amount of the last rent applied to the previous tenant.
However, it may be increased by the annual variation of the IRL published on the date of signature of the new lease, if none revision has not intervened in the last 12 months.
In any case, the new rent shall not exceed reference rent plus in force on the date of signature of the lease.
you can see the increased reference rents using this simulator:
Montpellier: Estimate benchmark rents (lease signed after June 2022)
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Warning
the amount of rent applied to the last tenant must be entered in the lease.
Works
Amount of work at least equal to 50% of the last year of rent
Conditions
The new rent may be higher than the last rent applied to the previous tenant, if the landlord has financed work.
This work may be:
- of improvement work (excl. energy-saving works which resulted in an increase in rent for reduction of charges)
- or of the setting-up work standards of decency.
This work must:
- have been built (in the common or private areas) since the departure of the last tenant
- and be at least equal to 50% the last year of rent (excluding charges).
What new rent should be set?
If these conditions are met, the annual rent charged to the previous tenant may be increased:
- of an amount equal to 15% of the amount of the work TTC: titleContent
- within the reference rent plus in force on the date of signature of the lease
You can see the increased reference rents using this simulator:
Montpellier: Estimate benchmark rents (lease signed after June 2022)
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Amount of work at least equal to the last year of rent
What new rent should be set?
The new rent may be higher than the last rent applied to the previous tenant if improvement work have been carried out:
- less than 6 months
- and for an amount at least equal to the last year of rent
But the new rent cannot exceed reference rent plus in force on the date of signature of the lease.
You can see the increased reference rents using this simulator:
Montpellier: Estimate benchmark rents (lease signed after June 2022)
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Undervalued rent
If the rent with the previous tenant was undervalued, the new rent can be increased.
How do I know if the old rent is undervalued?
It is possible to estimate the undervaluation of a rent from rents usually recorded for comparable dwellings located in the same geographical area. These rental references are available on the website of rent observatory.
How do I fix the new rent?
The following 2 rules must be respected:
1re ruler, the increase in rent shall not exceed 50% the difference between the following amounts:
- Amount of rent determined by reference to rents in the neighborhood for comparable dwellings
- Last rent applied to previous tenant, if applicable revised on IRL if not done in the last 12 months
2e ruler, the new rent may not exceed reference rent plus in force on the date of signature of the lease.
You can see the increased reference rents using this simulator:
Montpellier: Estimate benchmark rents (lease signed after June 2022)
How do I challenge the new rent?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
You can see the increased reference rents using this simulator:
Montpellier: Estimate benchmark rents (lease signed after June 2022)
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of bailiff)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement),
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...).
you can see the increased reference rents using this simulator:
Montpellier: Estimate benchmark rents (lease signed after June 2022)
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Bordeaux
In Bordeaux, the rent of a dwelling whose lease is signed or renewed since july 15, 2022 is governed by reduced and increased reference rents. These amounts vary according to the type of rental (empty or furnished), the number of rooms and the time of construction of the housing.
FYI
Some dwellings are not covered by the rent controls because they are subject to other rules. These are the dwellings subject to the 1948 law or contracted by the Anah (excluding intermediate rent agreements), social housing (HLM), furnished tourist goods and subleases.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
FYI
you can see the increased reference rents using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of bailiff)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement),
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...).
FYI
you can see the increased reference rents using this simulator.
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Warning
a mobility lease cannot be renewed.
In the lead-up to the lease renewal:
- when the base rent (excluding charges and excluding rent supplement) is less than reduced reference rent, the owner may hire a rent revaluation share,
- where the base rent is more than reference rent plus, the tenant may hire a rent-reduction action.
You can see the increased reference rents using this simulator:
Bordeaux: estimate the reference rents (lease signed since July 15, 2022)
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rent revaluation action
What are the conditions?
- The new rent (excluding expenses and excluding rent supplement) must not be greater than reduced reference rent in effect at the time the landlord informs the tenant. It is possible to know the reference rents.
- When the renewal takes place from 24 August 2022, the dwelling must be classified A, B, C, D or E (classification indicated on the DPE: titleContent). From that date, the rent of a dwelling classified as F or G may not be increased.
How to inform the tenant. ?
The landlord must inform the tenant of the new rent, at least 6 months before the end of the lease.
The owner must send a notification :
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of bailiff)
- Either by hand delivery against receipt or signature
The notification shall contain the following:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and reference rent reduced used to determine it
FYI
when the owner commits a rent revaluation share, he cannot give his notice (leave) to the tenant for the term of the lease.
How do I challenge?
The tenant can challenge the rent revaluation share.
To do this, it must provide the owner with 6 references of rent of comparable dwellings, located:
- Either in the same group of buildings
- In any other group of buildings with similar characteristics and situated in the same geographical area
These rental references are available on the website of rent observatory.
In the event of disagreement or in the absence of a response from the tenant or landlord to the request for rent reassessment, either must seize, 4 months before the end of the lease, the Departmental Conciliation Committee (CDC).
If the disagreement persists despite the CDC's action, the protection litigation judge may be entered before the end of the lease.
Warning
if the judge is not seized of the matter before the end of the lease, the lease is renewed under the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord can revise to set the new rent.
How do I apply the new rent?
When a new rent is decided by the tenant and the landlord or by the judge, it applies progressively from the renewal of the lease.
The rent increase is spread out:
- For a lease of 3 years, 1/3 per year (or 1/6 per year if the rent increase is more than 10%)
- For a lease of 6 years, 1/6 per year
Example :
For a lease is 3 years, the last monthly rent (excluding expenses and rent supplement) applied to the tenant before the renewal of the lease is €600 and the new rent is €650 :
- The increase to be applied shall be €50 monthly
- This increase is less than 10% rent, because 600 X 10% = €60, so its application will be 1/3 per year.
- The monthly rent will be increased on 1re year of €16.67 per month (because €50 x 1/3 = €16.67 ), then 2e year of €33.33 per month (because €50 x 2/3 = €33.33), and 3e year of €50 per month.
However, the proposed increase must not exceed the higher of the following 2 limits:
- 50% the difference between the rent which corresponds to the rents charged in the neighborhood for comparable dwellings and the last rent applied to the tenant before the renewal of the lease (possibly revised if not done within the last 12 months)
- An increase in the annual rent equal to 15% the actual cost of the work done since the last renewal of the lease (improvement work or retrofitting work), where the amount of such work is at least equal to the amount of the last year's rent.
Rent reduction action
If the base rent (excluding charges and excluding rent supplement) entered in the lease is higher than the reference rent plus, the tenant may ask the landlord for the reduction in the base rent.
The following 2 conditions must be met:
- The tenant applies at least 5 months before the term of the lease
- The reference rent plus taken into consideration is the one in force on the date of the application
You can see the increased reference rents using this simulator:
Bordeaux: estimate the reference rents (lease signed since July 15, 2022)
The tenant must send his written request to the owner:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice
- Either by hand delivery against receipt or signature
The application shall contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and reference rent plus used to determine that
If the landlord refuses, or fails to respond to the tenant, the tenant must seize the Departmental Conciliation Committee (CDC) at the latest 4 months before the lease expires.
If no agreement is reached despite the CDC's action, the tenant can seize the protection litigation judge before the lease expires.
Warning
if the tenant does not bring the matter before the court within this period, the lease is renewed under the previous conditions of the rent. If the previous rent has not been revised in the previous 12 months, the landlord can revise.
Base rent
The base rent (excluding charges and excluding rent supplement) of a dwelling returned to the market after less than 18 months of vacancy may be increased in certain cases only:
- He wasn't revised in the previous 12 months
- Work improvement or setting standards of decency have been made since the departure of the former tenant
- He's undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
It is possible to know the reference rent increased by using this simulator.
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Unrevised rent
The amount of the new rent must not exceed the amount of the last rent applied to the previous tenant.
However, it may be increased by the annual variation of the IRL published on the date of signature of the new lease, if none revision has not intervened in the last 12 months.
In any case, the new rent shall not exceed reference rent plus in force on the date of signature of the lease.
FYI
you can see the increased reference rents using this simulator.
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Warning
the amount of rent applied to the last tenant must be entered in the lease.
Works
Amount of work at least equal to 50% of the last year of rent
Conditions
The new rent may be higher than the last rent applied to the previous tenant, if the landlord has financed work.
This work may be:
- of improvement work (excl. energy-saving works which resulted in an increase in rent for reduction of charges)
- or of the setting-up work standards of decency.
This work must:
- have been built (in the common or private areas) since the departure of the last tenant
- and be at least equal to 50% the last year of rent (excluding charges).
What new rent should be set?
If these conditions are met, the annual rent charged to the previous tenant may be increased:
- of an amount equal to 15% of the amount of the work TTC: titleContent
- within the reference rent plus in force on the date of signature of the lease
FYI
you can see the increased reference rents using this simulator.
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Amount of work at least equal to the last year of rent
What new rent should be set?
The new rent may be higher than the last rent applied to the previous tenant if improvement work have been carried out:
- less than 6 months
- and for an amount at least equal to the last year of rent
But the new rent cannot exceed reference rent plus in force on the date of signature of the lease.
FYI
you can see the increased reference rents using this simulator.
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Undervalued rent
If the rent with the previous tenant was undervalued, the new rent can be increased.
How do I know if the old rent is undervalued?
It is possible to estimate the undervaluation of a rent from rents usually recorded for comparable dwellings located in the same geographical area.
Please note
these rental references are available on the website of rent observatory.
How do I fix the new rent?
The following 2 rules must be respected:
1re ruler, the increase in rent shall not exceed 50% the difference between the following amounts:
- Amount of rent determined by reference to rents in the neighborhood for comparable dwellings
- Last rent applied to previous tenant, if applicable revised on IRL if not done in the last 12 months
2e ruler, the new rent may not exceed reference rent plus in force on the date of signature of the lease.
FYI
you can see the increased reference rents using this simulator.
How do I challenge the new rent?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
You can see the increased reference rents using this simulator:
Bordeaux: estimate the reference rents (lease signed since July 15, 2022)
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of bailiff)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement),
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...).
You can see the increased reference rents using this simulator:
Bordeaux: estimate the reference rents (lease signed since July 15, 2022)
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Is Together
In the territory d'Est Ensemble, the rent of a dwelling whose lease is signed or renewed since 1er december 2021 is governed by reduced and increased reference rents. These amounts vary according to the type of rental (empty or furnished), the number of rooms and the time of construction of the housing.
FYI
Some dwellings are not covered by the rent controls because they are subject to other rules. These are the dwellings subject to the 1948 law or contracted by the Anah (excluding intermediate rent agreements), social housing (HLM), furnished tourist goods and subleases.
The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Together: Estimate the reference rents (lease signed since December 2021)
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of bailiff)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement),
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...).
Reference rents can be determined using this simulator:
Together: Estimate the reference rents (lease signed since December 2021)
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Warning
a mobility lease cannot be renewed.
In the lead-up to the lease renewal:
- when the base rent (excluding charges and excluding rent supplement) is less than reduced reference rent, the owner may hire a rent revaluation share,
- where the base rent is more than reference rent plus, the tenant may hire a rent-reduction action.
Reference rents can be determined using this simulator:
Together: Estimate the reference rents (lease signed since December 2021)
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rent revaluation action
What are the conditions?
- The new rent (excluding expenses and excluding rent supplement) must not be greater than reduced reference rent in effect at the time the landlord informs the tenant. It is possible to know the reference rents.
- When the renewal takes place from 24 August 2022, the dwelling must be classified A, B, C, D or E (classification indicated on the DPE: titleContent). From that date, the rent of a dwelling classified as F or G may not be increased.
How to inform the tenant?
The landlord must inform the tenant of the new rent, at least 6 months before the end of the lease.
The owner must send a notification :
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of bailiff)
- Either by hand delivery against receipt or signature
The notification shall contain the following:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and reference rent reduced used to determine it
FYI
when the owner commits a rent revaluation share, he cannot give his notice (leave) to the tenant for the term of the lease.
How do I challenge?
The tenant can challenge the rent revaluation share.
To do this, it must provide the owner with 6 references of rent of comparable dwellings, located:
- Either in the same group of buildings
- In any other group of buildings with similar characteristics and situated in the same geographical area
These rental references are available on the website of the rent observatory in the greater paris area.
In the event of disagreement or in the absence of a response from the tenant or landlord to the request for rent reassessment, either must seize, 4 months before the end of the lease, the Departmental Conciliation Committee (CDC).
If the disagreement persists despite the CDC's action, the protection litigation judge may be entered before the end of the lease.
Warning
if the judge is not seized of the matter before the end of the lease, the lease is renewed under the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord can revise to set the new rent.
How do I apply the new rent?
When a new rent is decided by the tenant and the landlord or by the judge, it applies progressively from the renewal of the lease.
The rent increase is spread out:
- For a lease of 3 years, 1/3 per year (or 1/6 per year if the rent increase is more than 10%)
- For a lease of 6 years, 1/6 per year
Example :
For a lease is 3 years, the last monthly rent (excluding expenses and rent supplement) applied to the tenant before the renewal of the lease is €600 and the new rent is €650 :
- The increase to be applied shall be €50 monthly
- This increase is less than 10% rent, because 600 X 10% = €60, so its application will be 1/3 per year.
- The monthly rent will be increased on 1re year of €16.67 per month (because €50 x 1/3 = €16.67 ), then 2e year of €33.33 per month (because €50 x 2/3 = €33.33), and 3e year of €50 per month.
However, the proposed increase must not exceed the higher of the following 2 limits:
- 50% the difference between the rent which corresponds to the rents charged in the neighborhood for comparable dwellings and the last rent applied to the tenant before the renewal of the lease (possibly revised if not done within the last 12 months)
- An increase in the annual rent equal to 15% the actual cost of the work done since the last renewal of the lease (improvement work or retrofitting work), where the amount of such work is at least equal to the amount of the last year's rent.
Rent reduction action
If the base rent (excluding charges and excluding rent supplement) entered in the lease is higher than the reference rent plus, the tenant may ask the landlord for the reduction in the base rent.
The following 2 conditions must be met:
- The tenant applies at least 5 months before the term of the lease
- The reference rent plus the rent taken into consideration shall be that in force on the date of the application
Reference rents can be determined using this simulator:
Together: Estimate the reference rents (lease signed since December 2021)
The tenant must send his written request to the owner:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice
- Either by hand delivery against receipt or signature
The application shall contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and increased base rent used to determine it
If the landlord refuses, or fails to respond to the tenant, the tenant must seize the Departmental Conciliation Committee (CDC) at the latest 4 months before the lease expires.
If no agreement is reached despite the CDC's action, the tenant can seize the protection litigation judge before the lease expires.
Warning
if the tenant does not bring the matter before the court within this period, the lease is renewed under the previous conditions of the rent. If the previous rent has not been revised in the previous 12 months, the landlord can revise.
The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.
Base rent
The base rent (excluding charges and excluding rent supplement) of a dwelling returned to the market after less than 18 months of vacancy may be increased in certain cases only:
- He wasn't revised in the previous 12 months
- Work improvement or setting standards of decency have been made since the departure of the former tenant
- He's undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Together: Estimate the reference rents (lease signed since December 2021)
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
Unrevised rent
The amount of the new rent must not exceed the amount of the last rent applied to the previous tenant.
However, it may be increased by the annual variation of the IRL published on the date of signature of the new lease, if none revision has not intervened in the last 12 months.
In any case, the new rent shall not exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Together: Estimate the reference rents (lease signed since December 2021)
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Warning
the amount of rent applied to the last tenant must be entered in the lease.
Works
Amount of work at least equal to 50% of the last year of rent
Conditions
The new rent may be higher than the last rent applied to the previous tenant, if the landlord has financed work.
This work may be:
- of improvement work (excl. energy-saving works which resulted in an increase in rent for reduction of charges)
- or of the setting-up work standards of decency.
This work must:
- have been built (in the common or private areas) since the departure of the last tenant
- and be at least equal to 50% the last year of rent (excluding charges).
What new rent should be set?
If these conditions are met, the annual rent charged to the previous tenant may be increased:
- of an amount equal to 15% of the amount of the work TTC: titleContent
- within the reference rent plus in force on the date of signature of the lease
Reference rents can be determined using this simulator:
Together: Estimate the reference rents (lease signed since December 2021)
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Amount of work at least equal to the last year of rent
What new rent should be set?
The new rent may be higher than the last rent applied to the previous tenant if improvement work have been carried out:
- less than 6 months
- and for an amount at least equal to the last year of rent
But the new rent cannot exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Together: Estimate the reference rents (lease signed since December 2021)
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Undervalued rent
If the rent with the previous tenant was undervalued, the new rent can be increased.
How do I know if the old rent is undervalued?
It is possible to estimate the undervaluation of a rent from rents usually recorded for comparable dwellings located in the same geographical area. These rental references are available on the website of the rent observatory in the greater paris area.
How do I fix the new rent?
The following 2 rules must be respected:
1re ruler, the increase in rent shall not exceed 50% the difference between the following amounts:
- Amount of rent determined by reference to rents in the neighborhood for comparable dwellings
- Last rent applied to previous tenant, if applicable revised on IRL if not done in the last 12 months
2e ruler, the new rent may not exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Together: Estimate the reference rents (lease signed since December 2021)
How do I challenge the new rent?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
Reference rents can be determined using this simulator:
Together: Estimate the reference rents (lease signed since December 2021)
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of bailiff)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement),
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...).
Reference rents can be determined using this simulator:
Together: Estimate the reference rents (lease signed since December 2021)
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Lille, Hellemmes and Lomme
In Lille, Hellemmes and Lomme, the rent of a dwelling whose lease is signed or renewed since 1er march 2020 is governed by reduced and increased reference rents. These amounts vary according to the type of rental (empty or furnished), the number of rooms and the time of construction of the housing.
FYI
Some dwellings are not covered by the rent controls because they are subject to other rules. These are the dwellings subject to the 1948 law or contracted by the Anah (excluding intermediate rent agreements), social housing (HLM), furnished tourist goods and subleases.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
FYI
it is possible to know the reference rents.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement)
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...)
FYI
it is possible to know the reference rents.
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Warning
a mobility lease cannot be renewed.
In the lead-up to the lease renewal:
- when the base rent (excluding charges and excluding rent supplement) is less than reduced reference rent, the owner may hire a rent revaluation share,
- where the base rent is more than reference rent plus, the tenant may hire a rent-reduction action.
Reference rents can be determined using this simulator:
Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rent revaluation action
What are the conditions?
- The new rent (excluding expenses and excluding rent supplement) must not be greater than reduced reference rent in effect at the time the landlord informs the tenant. It is possible to know the reference rents.
- When the renewal takes place from 24 August 2022, the dwelling must be classified A, B, C, D or E (classification indicated on the DPE: titleContent). From that date, the rent of a dwelling classified as F or G may not be increased.
How to inform the tenant?
The landlord must inform the tenant of the new rent, at least 6 months before the end of the lease.
The owner must send a notification :
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either by hand delivery against receipt or signature
The notification shall contain the following:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and reference rent reduced used to determine it
FYI
when the owner commits a rent revaluation share, he cannot give his notice (leave) to the tenant for the term of the lease.
How do I challenge?
The tenant can challenge the rent revaluation share.
To do this, it must provide the owner with 6 references of rent of comparable dwellings, located:
- Either in the same group of buildings
- In any other group of buildings with similar characteristics and situated in the same geographical area
These rental references are available on the website of rent observatory.
In the event of disagreement or in the absence of a response from the tenant or landlord to the request for rent reassessment, either must seize, 4 months before the end of the lease, the Departmental Conciliation Committee (CDC).
If the disagreement persists despite the CDC's action, the protection litigation judge may be entered before the end of the lease.
Warning
if the judge is not seized of the matter before the end of the lease, the lease is renewed under the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord can revise to set the new rent.
How do I apply the new rent?
When a new rent is decided by the tenant and the landlord or by the judge, it applies progressively from the renewal of the lease.
The rent increase is spread out:
- For a lease of 3 years, 1/3 per year (or 1/6 per year if the rent increase is more than 10%)
- For a lease of 6 years, 1/6 per year
Example :
For a lease is 3 years, the last monthly rent (excluding expenses and rent supplement) applied to the tenant before the renewal of the lease is €600 and the new rent is €650 :
- The increase to be applied shall be €50 monthly
- This increase is less than 10% of the rent, because 600 X 10% = €60, so its application will be 1/3 per year.
- The monthly rent will be increased on 1re year of €16.67 per month (because €50 x 1/3 = €16.67 ), then 2e year of €33.33 per month (because €50 x 2/3 = €33.33), and 3e year of €50 per month.
However, the proposed increase must not exceed the higher of the following 2 limits:
- 50% the difference between the rent which corresponds to the rents charged in the neighborhood for comparable dwellings and the last rent applied to the tenant before the renewal of the lease (possibly revised if not done within the last 12 months)
- An increase in the annual rent equal to 15% the actual cost of the work done since the last renewal of the lease (improvement work or retrofitting work), where the amount of such work is at least equal to the amount of the last year's rent.
Rent reduction action
If the base rent (excluding charges and excluding rent supplement) entered in the lease is higher than the reference rent plus, the tenant may ask the landlord for the reduction in the base rent.
The following 2 conditions must be met:
- The tenant applies at least 5 months before the term of the lease
- The reference rent plus the rent taken into consideration shall be that in force on the date of the application
Reference rents can be determined using this simulator:
Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
The tenant must send his written request to the owner:
- Either by registered letter with acknowledgement of receipt
- Either by an act of Commissioner of Justice
- Either by hand delivery against receipt or signature
The application shall contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and increased base rent used to determine it
If the landlord refuses, or fails to respond to the tenant, the tenant must seize the Departmental Conciliation Committee (CDC) at the latest 4 months before the lease expires.
If no agreement is reached despite the CDC's action, the tenant can seize the protection litigation judge before the lease expires.
Warning
if the tenant does not bring the matter before the court within this period, the lease is renewed under the previous conditions of the rent. If the previous rent has not been revised in the previous 12 months, the landlord can revise.
The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.
Base rent
The base rent (excluding charges and excluding rent supplement) of a dwelling returned to the market after less than 18 months of vacancy may be increased in certain cases only:
- He wasn't revised in the previous 12 months
- Work improvement or setting standards of decency have been made since the departure of the former tenant
- He's undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
Unrevised rent
The amount of the new rent must not exceed the amount of the last rent applied to the previous tenant.
However, it may be increased by the annual variation of the IRL published on the date of signature of the new lease, if none revision has not intervened in the last 12 months.
In any case, the new rent shall not exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Warning
the amount of rent applied to the last tenant must be entered in the lease.
Works
Amount of work at least equal to 50% of the last year of rent
Conditions
The new rent may be higher than the last rent applied to the previous tenant, if the landlord has financed work.
This work may be:
- of improvement work (excl. energy-saving works which resulted in an increase in rent for reduction of charges)
- or of the setting-up work standards of decency.
This work must:
- have been built (in the common or private areas) since the departure of the last tenant
- and be at least 50% of the last year of rent (excluding expenses).
What new rent should be set?
If these conditions are met, the annual rent charged to the previous tenant may be increased:
- of an amount equal to 15 % of the amount of the works, including VAT
- within the reference rent plus in force on the date of signature of the lease
Reference rents can be determined using this simulator:
Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Amount of work at least equal to the last year of rent
What new rent should be set?
The new rent may be higher than the last rent applied to the previous tenant if improvement work have been carried out
- less than 6 months
- and for an amount at least equal to the last year of rent.
But the new rent cannot exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Undervalued rent
If the rent with the previous tenant was undervalued, the new rent can be increased.
How do I know if the old rent is undervalued?
It is possible to estimate the undervaluation of a rent from rents usually recorded for comparable dwellings located in the same geographical area. These rental references are available on the website of rent observatory.
How do I fix the new rent?
The following 2 rules must be respected:
1re ruler, the rent increase shall not exceed 50 % of the difference between:
- Amount of rent determined by reference to rents in the neighborhood for comparable dwellings
- Last rent applied to previous tenant, if applicable revised on IRL if not done in the last 12 months
2e ruler, the new rent may not exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
How do I challenge the new rent?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
Reference rents can be determined using this simulator:
Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement)
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...)
Reference rents can be determined using this simulator:
Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Lyon and Villeurbanne
In Lyon and Villeurbanne, the rent of a dwelling whose lease is signed or renewed since 1er november 2021 is governed by reduced and increased reference rents. These amounts vary according to the type of rental (empty or furnished), the number of rooms and the time of construction of the housing.
The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
FYI
It is possible to know the reference rents.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement),
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...)?
FYI
it is possible to know the reference rents.
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Warning
a mobility lease cannot be renewed.
In the lead-up to the lease renewal:
- when the base rent (excluding charges and excluding rent supplement) is less than reduced reference rent, the owner may hire a rent revaluation share,
- where the base rent is more than reference rent plus, the tenant may hire a rent-reduction action.
Please note
it is possible to know the reference rents.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rent revaluation action
What are the conditions?
- The new rent (excluding expenses and excluding rent supplement) must not be greater than reduced reference rent in effect at the time the landlord informs the tenant. It is possible to know the reference rents.
- When the renewal takes place from 24 August 2022, the dwelling must be classified A, B, C, D or E (classification indicated on the DPE: titleContent). From that date, the rent of a dwelling classified as F or G may not be increased.
How to inform the tenant?
The landlord must inform the tenant of the new rent, at least 6 months before the end of the lease.
The owner must send a notification :
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either by hand delivery against receipt or signature
The notification shall contain the following:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and reference rent reduced used to determine it
FYI
when the owner commits a rent revaluation share, he cannot give his notice (leave) to the tenant for the term of the lease.
How do I challenge?
The tenant can challenge the rent revaluation share.
To do this, it must provide the owner with 6 references of rent of comparable dwellings, located:
- Either in the same group of buildings
- In any other group of buildings with similar characteristics and situated in the same geographical area
Please note
these rental references are available on the website of rent observatory.
In the event of disagreement or in the absence of a response from the tenant or landlord to the request for rent reassessment, either must seize, 4 months before the end of the lease, the Departmental Conciliation Committee (CDC).
If the disagreement persists despite the CDC's action, the protection litigation judge may be entered before the end of the lease.
Warning
if the judge is not seized of the matter before the end of the lease, the lease is renewed under the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord can revise to set the new rent.
How do I apply the new rent?
When a new rent is decided by the tenant and the landlord or by the judge, it applies progressively from the renewal of the lease.
The rent increase is spread out:
- For a lease of 3 years, 1/3 per year (or 1/6 per year if the rent increase is more than 10%)
- For a lease of 6 years, 1/6 per year
Example :
For a lease is 3 years, the last monthly rent (excluding expenses and rent supplement) applied to the tenant before the renewal of the lease is €600 and the new rent is €650 :
- The increase to be applied shall be €50 monthly
- This increase is less than 10% of the rent, because 600 X 10% = €60, so its application will be 1/3 per year.
- The monthly rent will be increased on 1re year of €16.67 per month (because €50 x 1/3 = €16.67 ), then 2e year of €33.33 per month (because €50 x 2/3 = €33.33), and 3e year of €50 per month.
However, the proposed increase must not exceed the higher of the following 2 limits:
- 50% the difference between the rent which corresponds to the rents charged in the neighborhood for comparable dwellings and the last rent applied to the tenant before the renewal of the lease (possibly revised if not done within the last 12 months)
- An increase in the annual rent equal to 15% the actual cost of the work done since the last renewal of the lease (improvement work or retrofitting work), where the amount of such work is at least equal to the amount of the last year's rent.
Rent reduction action
If the base rent (excluding charges and excluding rent supplement) entered in the lease is higher than the reference rent plus, the tenant may ask the landlord for the reduction in the base rent.
The following 2 conditions must be met:
- The tenant applies at least 5 months before the term of the lease
- The reference rent plus the rent taken into consideration shall be that in force on the date of the application
Please note
it is possible to know the reference rents.
The tenant must send his written request to the owner:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either by hand delivery against receipt or signature
The application shall contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and increased base rent used to determine it
If the landlord refuses, or fails to respond to the tenant, the tenant must seize the Departmental Conciliation Committee (CDC) at the latest 4 months before the lease expires.
If no agreement is reached despite the CDC's action, the tenant can seize the protection litigation judge before the lease expires.
Warning
if the tenant does not bring the matter before the court within this period, the lease is renewed under the previous conditions of the rent. If the previous rent has not been revised in the previous 12 months, the landlord can revise.
The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.
Base rent
The base rent (excluding charges and excluding rent supplement) of a dwelling returned to the market after less than 18 months of vacancy may be increased in certain cases only:
- He wasn't revised in the previous 12 months
- Work improvement or setting standards of decency have been made since the departure of the former tenant
- He's undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
It is possible to know the reference rent increased by using this simulator.
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
Unrevised rent
The amount of the new rent must not exceed the amount of the last rent applied to the previous tenant.
However, it may be increased by the annual variation of the IRL published on the date of signature of the new lease, if none revision has not intervened in the last 12 months.
In any case, the new rent shall not exceed reference rent plus in force on the date of signature of the lease.
Please note
it is possible to know the reference rents.
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Warning
the amount of rent applied to the last tenant must be entered in the lease.
Works
Amount of work at least equal to 50% of the last year of rent
Conditions
The new rent may be higher than the last rent applied to the previous tenant, if the landlord has financed work.
This work may be:
- of improvement work (excl. energy-saving works which resulted in an increase in rent for reduction of charges)
- or of the setting-up work standards of decency.
This work must:
- have been built (in the common or private areas) since the departure of the last tenant
- and be at least 50% of the last year of rent (excluding expenses).
What new rent should be set?
If these conditions are met, the annual rent charged to the previous tenant may be increased:
- by an amount equal to 15 % of the amount of the work, including VAT,
- within the reference rent plus in force on the date of signature of the lease.
Please note
it is possible to know the reference rents.
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Amount of work at least equal to the last year of rent
What new rent should be set?
The new rent may be higher than the last rent applied to the previous tenant if improvement work have been carried out:
- less than 6 months
- and for an amount at least equal to the last year of rent.
But the new rent cannot exceed reference rent plus in force on the date of signature of the lease.
Please note
it is possible to know the reference rents.
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Undervalued rent
If the rent with the previous tenant was undervalued, the new rent can be increased.
How do I know if the old rent is undervalued?
It is possible to estimate the undervaluation of a rent from rents usually recorded for comparable dwellings located in the same geographical area.
Please note
these rental references are available on the website of rent observatory.
How do I fix the new rent?
The following 2 rules must be respected:
1re ruler, the rent increase shall not exceed 50 % of the difference between:
- Amount of rent determined by reference to rents in the neighborhood for comparable dwellings
- Last rent applied to previous tenant, if applicable revised on IRL if not done in the last 12 months
2e ruler, the new rent may not exceed reference rent plus in force on the date of signature of the lease.
Please note
it is possible to know the reference rents.
How do I challenge the new rent?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
Warning
When the lease is signed on or after August 24, 2022, and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.
It is possible to know the reference rent increased by using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement)
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...)
FYI
it is possible to know the reference rents.
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Common plain
In the cities of Common plain, the rent of a dwelling whose lease is signed or renewed since 1er june 2021 is governed by reduced and increased reference rents. These amounts vary according to the type of rental (empty or furnished), the number of rooms and the time of construction of the housing.
FYI
Some dwellings are not covered by the rent controls because they are subject to other rules. These are the dwellings subject to the 1948 law or contracted by the Anah (excluding intermediate rent agreements), social housing (HLM), furnished tourist goods and subleases.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
It is possible to know the reference rents using this simulator:
Common plain territory: estimate the reference rents (lease signed since June 2021)
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement)
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...)
Reference rents can be determined using this simulator:
Common plain territory: estimate the reference rents (lease signed since June 2021)
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Warning
a mobility lease cannot be renewed.
In the lead-up to the lease renewal:
- when the base rent (excluding charges and excluding rent supplement) is less than reduced reference rent, the owner may hire a rent revaluation share.
- where the base rent is more than reference rent plus, the tenant may hire a rent-reduction action.
It is possible to know the reference rents using this simulator:
Common plain territory: estimate the reference rents (lease signed since June 2021)
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rent revaluation action
What are the conditions?
- The new rent (excluding expenses and excluding rent supplement) must not be greater than reduced reference rent in effect at the time the landlord informs the tenant. It is possible to know the reference rents.
- When the renewal takes place from 24 August 2022, the dwelling must be classified A, B, C, D or E (classification indicated on the DPE: titleContent). From that date, the rent of a dwelling classified as F or G may not be increased.
How to inform the tenant?
Owner must send a notification to the tenant:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice (formerly act of bailiff)
- Either by hand delivery against receipt or signature
The notification shall contain the following:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and reference rent reduced used to determine it
FYI
when the owner commits a rent revaluation share, he cannot give his notice (leave) to the tenant for the term of the lease.
How do I challenge?
The tenant can challenge the rent revaluation share.
To do this, it must provide the owner with 6 references of rent of comparable dwellings, located:
- Either in the same group of buildings
- In any other group of buildings with similar characteristics and situated in the same geographical area
These rental references are available on the website of the rent observatory in the greater paris area.
In the event of disagreement or in the absence of a response from the tenant or landlord to the request for rent reassessment, either must seize, 4 months before the end of the lease, the Departmental Conciliation Committee (CDC).
If the disagreement persists despite the CDC's action, the protection litigation judge may be entered before the end of the lease.
Warning
if the judge is not seized of the matter before the end of the lease, the lease is renewed under the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord can revise to set the new rent.
How do I apply the new rent?
When a new rent is decided by the tenant and the landlord or by the judge, it applies progressively from the renewal of the lease.
The rent increase is spread out:
- For a lease of 3 years, 1/3 per year (or 1/6 per year if the rent increase is more than 10%)
- For a lease of 6 years, 1/6 per year
Example :
For a lease is 3 years, the last monthly rent (excluding expenses and rent supplement) applied to the tenant before the renewal of the lease is €600 and the new rent is €650 :
- The increase to be applied shall be €50 monthly
- This increase is less than 10% rent, because €600 x 10% = €60, so its application will be 1/3 per year.
- The monthly rent will be increased on 1re year of €16.67 per month (because €50 x 1/3 = €16.67 ), then 2e year of €33.33 per month (because €50 x 2/3 = €33.33), and 3e year of €50 per month.
However, the proposed increase must not exceed the higher of the following 2 limits:
- 50% the difference between the rent which corresponds to the rents charged in the neighborhood for comparable dwellings and the last rent applied to the tenant before the renewal of the lease (possibly revised if not done within the last 12 months)
- An increase in the annual rent equal to 15% the actual cost of the work done since the last renewal of the lease (improvement work or retrofitting work), where the amount of such work is at least equal to the amount of the last year's rent.
Rent reduction action
If the base rent (excluding charges and excluding rent supplement) entered in the lease is higher than the reference rent plus, the tenant may ask the landlord for the reduction in the base rent.
The following 2 conditions must be met:
- The tenant applies at least 5 months before the term of the lease
- The reference rent plus the rent taken into consideration shall be that in force on the date of the application
Reference rents can be determined using this simulator:
Common plain territory: estimate the reference rents (lease signed since June 2021)
The tenant must send his written request to the owner:
- Either by registered letter with acknowledgement of receipt
- Either by act of commissioner of justice
- Either by hand delivery against receipt or signature
The application shall contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- New rent amount proposed and increased base rent used to determine it
If the landlord refuses, or fails to respond to the tenant, the tenant must seize the Departmental Conciliation Committee (CDC) at the latest 4 months before the lease expires.
If no agreement is reached despite the CDC's action, the tenant can seize the protection litigation judge before the lease expires.
Warning
if the tenant does not bring the matter before the court within this period, the lease is renewed under the previous conditions of the rent. If the previous rent has not been revised in the previous 12 months, the landlord can revise.
The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.
Base rent
The base rent (excluding charges and excluding rent supplement) of a dwelling returned to the market after less than 18 months of vacancy may be increased in certain cases only:
- when it has not been revised in the previous 12 months
- when work improvement or setting standards of decency have been made since the departure of the former tenant
- when it is undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Common plain territory: estimate the reference rents (lease signed since June 2021)
Unrevised rent
The amount of the new rent must not exceed the amount of the last rent applied to the previous tenant.
However, it may be increased by the annual variation of the IRL published on the date of signature of the new lease, if none revision has not intervened in the last 12 months.
In any case, the new rent shall not exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Common plain territory: estimate the reference rents (lease signed since June 2021)
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Warning
the amount of rent applied to the last tenant must be entered in the lease.
Works
Amount of work at least equal to 50% of the last year of rent
Conditions
The new rent may be higher than the last rent applied to the previous tenant, if the landlord has financed work.
This work may be:
- of improvement work (excl. energy-saving works which resulted in an increase in rent for reduction of charges)
- or of the setting-up work standards of decency
This work must:
- Have been realized (in the common or private areas) since the departure of the last tenant
- And be at least 50% of the last year of rent (excluding expenses)
What new rent should be set?
If these conditions are met, the annual rent charged to the previous tenant may be increased:
- of an amount equal to 15% of the amount of the work TTC: titleContent
- within the reference rent plus in force on the date of signature of the lease
Reference rents can be determined using this simulator:
Common plain territory: estimate the reference rents (lease signed since June 2021)
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Amount of work at least equal to the last year of rent
What new rent should be set?
The new rent may be higher than the last rent applied to the previous tenant if improvement work have been carried out:
- For less than 6 months
- And for an amount at least equal to the last year of rent
But the new rent cannot exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Common plain territory: estimate the reference rents (lease signed since June 2021)
How do I challenge?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Undervalued rent
If the rent with the previous tenant was undervalued, the new rent can be increased.
How do I know if the old rent is undervalued?
It is possible to estimate the undervaluation of a rent from rents usually recorded for comparable dwellings located in the same geographical area. These rental references are available on the website of the rent observatory in the greater paris area.
How do I fix the new rent?
The following 2 rules must be respected:
1re as a rule, the rent increase must not exceed 50% the difference between the following amounts:
- Amount of rent determined by reference to rents in the neighborhood for comparable dwellings
- Last rent applied to previous tenant, if applicable revised on IRL if not done in the last 12 months
2e rule, the new rent cannot exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Common plain territory: estimate the reference rents (lease signed since June 2021)
How do I challenge the new rent?
If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest by sending a letter with acknowledgement of receipt to the owner (recommended approach).
If it fails, it must enter the departmental conciliation commission on which housing depends. This procedure is free of charge and compulsory in order to be able to refer the matter to the judge.
If the commission's intervention fails, the tenant may bring the matter before the protection litigation judge the court on which the dwelling depends.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Base rent
Base Rent Amount
The base rent (rent amount excluding expenses and excluding rent supplement) must not exceed reference rent plus in force on the date of signature of the lease.
Reference rents can be determined using this simulator:
Common plain territory: estimate the reference rents (lease signed since June 2021)
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
Rent information
The lease shall indicate:
- the base rent (rent amount excluding charges and excluding rent supplement)
- the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...)
Reference rents can be determined using this simulator:
Common plain territory: estimate the reference rents (lease signed since June 2021)
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Rent supplement
Conditions
The landlord can apply a rent supplement if the following 2 conditions are met:
- The accommodation has particular characteristics (location, comfort)
- The base rent (excluding expenses) is equal to reference rent plus
Warning
For a lease is signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics: sanitary on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.
If a rent supplement applies, the rent is equal to the sum of the base rent and the rent supplement.
The amount of the rent supplement and the characteristics of the dwelling justifying it must be indicated in the lease.
Challenge
The tenant can contest the rent supplement by first seizing the departmental conciliation commission within 3 months from the date of signature of the lease. It is up to the landlord to prove that the rent supplement is justified.
If the Conciliation Commission reaches an agreement, the amount of rent shall be that fixed by the Conciliation Document issued by the Commission. This new amount applies from the effective date of the lease.
But if the disagreement persists, the tenant has 3 months from receipt of the commission's opinion to ask, protection litigation judge of the court on which the dwelling depends, to cancel or reduce the rent supplement. The amount of rent fixed by the judge's decision shall apply from the date of entry into force of the lease.
FYI
in case of mobility lease, prior recourse to the Conciliation Committee is not possible. But it is possible to call on the conciliator of justice.
Who can help me?
Find who can answer your questions in your region
- Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry in charge of housing and city planning.
Cost: free service
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Departmental Agency for Housing Information (Adil)
- Decree No. 2013-392 of 10 May 2013 on the scope of application of the annual vacant housing taxList of municipalities subject to the rent guidelines (annexed to the decree)
- Decree No. 2015-650 of 10 June 2015 on the modalities of implementation of the framework for the level of certain rentsRent control in tense areas
- Decree n°2017-1198 of 27 July 2017 on the evolution of certain rents (from August 2017 to 31 July 2023)Housing vacant for less than 18 months
- Law No. 89-462 of 6 July 1989 on rental relationships: article 17-2Undervalued rent: Revaluation at lease renewal
- Law n°2018-1021 of 23 November 2018 on the evolution of housing, development and digital: article 140Rent guidelines in the event of a prefectural order
- Lille: Prefectural order on reference rents since April 2022
- Paris: Prefectural order on reference rents since July 2022 (PDF - 821.5 KB)
- Common ground: Prefectural order on reference rents since June 2022 (PDF - 15.9 MB)
- Lyon and Villeurbanne: Prefectural order on reference rents since November 2022 (PDF - 241.8 KB)
- East Together: Prefectural order on reference rents since June 2022 (PDF - 12.5 MB)
- Montpellier: Prefectural order on reference rents since 1 July 2022 (PDF - 3.1 MB)
- Bordeaux: Prefectural order on reference rents since July 15, 2022 (PDF - 280.0 KB)
- Law No. 89-462 of 6 July 1989 on rental relationships: article 17Zoning to be applied (I)
- Verify that a dwelling is in a stretched area
Simulator
- Paris: Estimate reference rents (lease signed since July 2019)
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- Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
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- Lille, Hellemmes and Lomme: testing my rent (lease signed since March 2020)
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- Common plain territory: estimate the reference rents (lease signed since June 2021)
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- Lyon and Villeurbanne: test my rent (lease signed since November 2021)
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- Together: Estimate the reference rents (lease signed since December 2021)
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- Montpellier: Estimate benchmark rents (lease signed after June 2022)
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- Bordeaux: estimate the reference rents (lease signed since July 15, 2022)
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FAQ
- Rent amount of a privately owned dwellingService-Public.fr
- Rent amount in ParisService-Public.fr
- Rent in Lille, Hellemmes and LommeService-Public.fr
- Amount of rent in the territory of Plaine communeService-Public.fr
- Rent amount in Lyon and VilleurbanneService-Public.fr
- Rent amount in the territory of Est Ensemble since December 2021Service-Public.fr
- Rent amount in Montpellier since July 1, 2022Service-Public.fr
- Rent amount in Bordeaux since July 15, 2022Service-Public.fr
- Observatoire des rents - Agglomération parisienneMinistry of Housing
- Rent Observatories - Network of Local ObservatoriesMinistry of Housing