How to increase the rent of a dwelling subject to the 1948 law?

Verified 08 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)

The rent of a dwelling rented under the regime says of the Law of 48 may be increased annually. It may also be increased exceptionally, after modification work has been carried out.

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Every year

The rules are different depending on whether the accommodation is located in Paris, in the Hauts-de-Seine, the Seine-Saint-Denis, the Val-de-Marne and certain communes of Seine-et-Marne, Yvelines, Essonne, Val-d'Oise.

Commune concerned in Île-de-France

The rent can be increased to 1er every July.

The applicable rate of increase shall be:

  • 2.48% from 1er july 2022
  • 0.09% of 1er july 2021 to june 30, 2022

FYI  

it shall be prohibited to increase the rent of a category IV dwelling.

But after this increase, the rent cannot exceed one maximum amount.

To know this maximum amount, you have to multiply the corrected surface housing by the basic price per m2.

The basic price per m2 to use depends on the housing category :

Tableau - Base price per m2 for a house governed by the 1948 law (Paris agglomeration)

Base price per m² of corrected area

Housing Category

For each of the first 10 m²

For each other m²

II A

€12.89

€7.65

II B

€8.86

€4.80

II C

€6.79

€3.63

III A

€4.11

€2.20

III B

€2.43

€1.27

IV

€0.26

€0.12

Example :

For a type II C housing, with a corrected surface area of 43 m2 :

(€6.79 x 10) + (€3.63 x 33) = €187.69

The annual increase shall not result in the rent exceeding €187.69.

Other municipality

The rent can be increased to 1er every July.

The applicable rate of increase shall be:

  • 2.48% from 1er july 2022
  • 0.09% of 1er july 2021 to june 30, 2022

FYI  

it shall be prohibited to increase the rent of a category IV dwelling.

But after this increase, the rent cannot exceed one maximum amount.

To know this maximum amount, you have to multiply the corrected surface housing by the basic price per m2.

The basic price per m2 to use depends on the housing category :

Tableau - Basic price per m2 of a dwelling governed by the 1948 law (outside Paris)

Housing Category

Base price per m² of corrected area

For each of the first 10 m²

For each other m²

II A

€10.52

€6.28

II B

€7.26

€3.95

II C

€5.54

€2.98

III A

€3.36

€1.87

III B

€2.00

€1.04

IV

€0.26

€0.12

Example :

For a Type II C housing with a 43 m corrected surface:

(€5.54 x 10) + (€2.98 x 33) = €153.74

The annual increase shall not result in the rent exceeding €153.74.

After amending work

The rules are different depending on whether the accommodation is located in Paris, in the Hauts-de-Seine, the Seine-Saint-Denis, the Val-de-Marne and certain communes of Seine-et-Marne, Yvelines, Essonne, Val-d'Oise.

Commune concerned in Île-de-France
Type of work

The landlord can increase the rent when elements, which were used as the basis for setting the initial rent, have been changed.

This is particularly the case when improvements result in a change of housing category.

But as a result of this increase, the rent must not exceed one maximum amount.

To know this maximum amount, you have to multiply the corrected surface housing by the basic price per m2.

The basic price per m2 to use depends on the housing category :

Tableau - Base price per m2 for a house governed by the 1948 law (Paris agglomeration)

Base price per m² of corrected area

Housing Category

For each of the first 10 m²

For each other m²

II A

€12.89

€7.65

II B

€8.86

€4.80

II C

€6.79

€3.63

III A

€4.11

€2.20

III B

€2.43

€1.27

IV

€0.26

€0.12

Example :

For a type II C housing, with a corrected surface area of 43 m2 :

(€6.79 x 10) + (€3.63 x 33) = €187.69

The annual increase shall not result in the rent exceeding €187.69.

Approach

Owner must notify the proposed increase to the tenant:

  • Either by registered mail with acknowledgement of receipt
  • Either by act of commissioner of justice (formerly act of bailiff)

The notification shall indicate:

  • the new basic elements (specifically) that justify an increase in rent
  • the tally of the surface modified as a result of the work carried out

The tenant has 2 months to challenge this change by registered letter with notice of receipt.

In the event of disagreement, the owner or tenant may refer the case to the protection litigation judge:

Who shall I contact
Other municipality
Type of work

The landlord can increase the rent when elements, which were used as the basis for setting the initial rent, have been changed.

This is particularly the case when improvements result in a change of housing category.

But as a result of this increase, the rent must not exceed one maximum amount.

To know this maximum amount, you have to multiply the corrected surface housing by the basic price per m2.

The basic price per m2 to use depends on the housing category :

Tableau - Basic price per m2 of a dwelling governed by the 1948 law (outside Paris)

Housing Category

Base price per m² of corrected area

For each of the first 10 m²

For each other m²

II A

€10.52

€6.28

II B

€7.26

€3.95

II C

€5.54

€2.98

III A

€3.36

€1.87

III B

€2.00

€1.04

IV

€0.26

€0.12

Example :

For a Type II C housing with a 43 m corrected surface:

(€5.54 x 10) + (€2.98 x 33) = €153.74

The annual increase shall not result in the rent exceeding €153.74.

Approach

Owner must notify the proposed increase to the tenant:

  • Either by registered mail with acknowledgement of receipt
  • Either by act of commissioner of justice (formerly act of bailiff)

The notification shall indicate:

  • the new basic elements (specifically) that justify an increase in rent
  • the tally of the surface modified as a result of the work carried out

The tenant has 2 months to challenge this change by registered letter with notice of receipt.

In the event of disagreement, the owner or tenant may refer the case to the protection litigation judge:

Who shall I contact

Who can help me?

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