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 :
Base price per m² of corrected area | ||
|---|---|---|
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 :
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 surface2 :
(€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 :
Base price per m² of corrected area | ||
|---|---|---|
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 :
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 surface2 :
(€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?
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. 48-1881 of 10 December 1948 (annex)List of municipalities concerned in Île-de-France
- Decree No. 48-1881 of 10 December 1948 determining the basic prices per square meter of residential or business premises
- Law No. 48-1360 of 1 September 1948 on rental relationships: Articles 26 to 44Rent fixing
- Apply for a rent receipt from the landlord
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