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How can I increase the rent of a house subject to the 1948 law?

Verified 01 juillet 2021 - Legal and Administrative Information Directorate (Prime Minister)

The rent of a rented accommodation under the of the Law of can be increased every year. It may also be increased exceptionally, after modification has been carried out.

Every year

The rules differ, depending on whether the accommodation is located in the city.

The Parisian agglomeration includes Paris, the communes of Hauts-de-Seine, Seine-Saint-Denis and Val de Marne and some Essonne, Seine-et-Marne, Val-d'Oise and Yvelines.

Parisian agglomeration

The rent can be increased to 1to every year.

The applicable rate of increase shall be:

  • 0.09% from 1to July 2021,
  • 0.92% 1to July 2020 to June 30, 2021.

  FYI : rent increases are not permitted for a category IV dwelling.

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

To know the maximum amount not to exceed, multiply the corrected surface housing by base price to m2.

The base price to m2 to use depends on accommodation category  :

Basic price per m2 for accommodation governed by the law of 1948 (Paris agglomeration)

Base price per m² corrected area

Housing category

For each of the first 10 m²

For each other m²

II

€12.58

€7.46

II B

€8.65

€4.68

II C

€6.63

€3.54

III A

€4.01

€2.15

III B

€2.37

€1.24

IV

€0.26

€0.12

Example :

For Type II C housing with a corrected surface of 43 m2:

(€6.63 x 10) + (€3.54 x 33) = €183.12

The annual increase shall not have the effect of making the rent more than €183.12.

Other

The rent can be increased to 1to every year.

The applicable rate of increase shall be:

  • 0.09% from 1to July 2021,
  • 0.92% 1to July 2020 to June 30, 2021.

  FYI : rent increases are not permitted for a category IV dwelling.

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

To know the maximum amount not to exceed, multiply the corrected surface housing by base price to m2.

The base price to m2 to use depends on accommodation category  :

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

Housing category

Base price per m² corrected area

For each of the first 10 m²

For each other m²

II

€10.27

€6.13

II B

€7.08

€3.85

II C

€5.41

€2.91

III A

€3.28

€1.82

III B

€1.95

€1.01

IV

€0.26

€0.12

Example :

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

(€5.41 x 10) + (€2.91 x 33) = €150.13

The annual increase shall not have the effect of making the rent more than €150.13.

After Modifying

The rules differ, depending on whether the accommodation is located in the city.

The Parisian agglomeration includes Paris, the communes of Hauts-de-Seine, Seine-Saint-Denis and Val de Marne and some Essonne, Seine-et-Marne, Val-d'Oise and Yvelines.

Parisian agglomeration

Allowed

The landlord may increase the rent when the original rent has been altered as a result of the change in the original rent.

This is particularly true when improvement work results in a change of accommodation category .

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

To know the maximum amount not to exceed, multiply the corrected surface housing by base price to m2.

The base price to m2 to use depends on accommodation category  :

Basic price per m2 for accommodation governed by the law of 1948 (Paris agglomeration)

Base price per m² corrected area

Housing category

For each of the first 10 m²

For each other m²

II

€12.58

€7.46

II B

€8.65

€4.68

II C

€6.63

€3.54

III A

€4.01

€2.15

III B

€2.37

€1.24

IV

€0.26

€0.12

Example :

For Type II C housing with a corrected surface of 43 m2:

(€6.63 x 10) + (€3.54 x 33) = €183.12

The annual increase shall not have the effect of making the rent more than €183.12.

Approach

Owner must notify the proposed increase to the tenant either by registered mail with acknowledgement of receipt or by act of bailiff.

The notification must indicate precisely the new basic elements justifying an increase in rent. It must also indicate the count of the modified surface following the work performed.

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

In case of disagreement, the landlord or tenant may refer the matter to the protection litigation judge:

Other

Allowed

The landlord may increase the rent when the original rent has been altered as a result of the change in the original rent.

This is particularly true when improvement work results in a change of accommodation category .

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

To know the maximum amount not to exceed, multiply the corrected surface housing by base price to m2.

The base price to m2 to use depends on accommodation category  :

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

Housing category

Base price per m² corrected area

For each of the first 10 m²

For each other m²

II

€10.27

€6.13

II B

€7.08

€3.85

II C

€5.41

€2.91

III A

€3.28

€1.82

III B

€1.95

€1.01

IV

€0.26

€0.12

Example :

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

(€5.41 x 10) + (€2.91 x 33) = €150.13

The annual increase shall not have the effect of making the rent more than €150.13.

Approach

Owner must notify the proposed increase to the tenant either by registered mail with acknowledgement of receipt or by act of bailiff.

The notification must indicate precisely the new basic elements justifying an increase in rent. It must also indicate the count of the modified surface following the work performed.

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

In case of disagreement, the landlord or tenant may refer the matter to the protection litigation judge: