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What are the remedies in a rental dispute?

Verified 10 mars 2020 - Directorate for Legal and Administrative Information (Prime Minister)

In the event of a conflict in the context of a rental property, it is recommended to try to find a friendly solution. In the event of failure, sometimes conciliation must be attempted, and then the judge must have the right to appeal. Time limits for referral depend on the nature of the dispute.

  Warning : for lease mobility, remedies in case of dispute between the owner and the tenant are specific.

Whatever the dispute between you and your tenant or lessor (or his representative, including a real estate agency), it is always preferable to find a friendly solution in order to maintain good rental relations.

Friendly approach

If you cannot speak to yourself, it is advisable to send a registered letter with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

It must be accompanied by arguments and evidence to support your statement (legal references, invoices, photos etc...).

This letter is an essential first step in order to take a possible action before the judge.

For example, if the security deposit is not returned within the time limit set by the lessor, the tenant may send such a letter:

Request refund of unreturned security deposit

Directorate of Legal and Administrative Information (Dila) - Prime Minister

Reconciliation

If you do not succeed with a letter, it may be useful to initiate conciliation proceedings:

  Please note : conciliation is optional. It is always free.

Appeal to the judge

For a dispute about security deposit, you may apply to the court on which the rented accommodation depends.

You have 3 years to refer the matter to the protection litigation judge from the day the security deposit should have been paid to you.

The rent for a house that has been returned to the market after less than 18 months of vacation may be increased. However, in Paris and other municipalities located in the tense zone, this increase is capped.

Check if a housing is in a tight zone

Directorate of Legal and Administrative Information (Dila) - Prime Minister

In tense area (general case)

The rent for a house that has been returned to the market after less than 18 months of vacation may be increased subject to certain limits::

  • increase limited to the IRL, if the old rent has not been revised in the previous 12 months,
  • or specific increase after certain works,
  • or specific increase in the event of an undervalued rent.

The tenant can contest the rent:

  • sending an acknowledgement letter to the owner (recommended step),
  • then, if it fails, by typing departmental conciliation board on which housing depends (free and compulsory procedure to be able to refer the matter to the judge),
  • then, in the event of failure, before the judge of protection disputes of the court on which the dwelling depends.

In Paris

The rent for a house that has been returned to the market after less than 18 months of vacation may be increased subject to certain limits ::

  • increase limited to the IRL, if the old rent has not been revised in the previous 12 months,
  • or specific increase after certain works,
  • or specific increase in the event of an undervalued rent.

In addition, the new rent may not exceed the increased reference rent in effect on the date of signing of the lease.

The tenant can contest the rent:

  • sending an acknowledgement letter to the owner (recommended step),
  • then, if it fails, by typing departmental conciliation board on which housing depends (free and compulsory procedure to be able to refer the matter to the judge),
  • then, in the event of failure, before the litigation judge of the court on which the housing depends.

In Lille, Hellemmes or Lomme

The rent for a house that has been returned to the market after less than 18 months of vacation may be increased subject to certain limits::

  • increase limited to the IRL, if the old rent has not been revised in the previous 12 months,
  • or specific increase after certain works,
  • or specific increase in the event of an undervalued rent.

In addition, the new rent may not exceed the increased reference rent in effect on the date of signing of the lease.

The tenant can contest the rent:

  • sending an acknowledgement letter to the owner (recommended step),
  • then, if it fails, by typing departmental conciliation board on which housing depends (free and compulsory procedure to be able to refer the matter to the judge),
  • then, in the event of failure, before the litigation judge of the court on which the housing depends.

In another commune

The rent for a house that has been returned to the market after less than 18 months of holiday can be increased freely.

In the event of a dispute over the amount of the rent supplement, it is recommended to start first obligatory to undertake a friendly approach (written letter). In case of failure, it is obligatory to initiate a conciliation within 3 months after the signature of the lease, before any recourse to the judge.

  Reminder : in the case of a mobility lease, a other procedure applies..

Reconciliation

Referral

The tenant must enter the Departmental Conciliation Commission (CDC) before resorting to the judge.

Seizure of the CDC must be completed within 3 months of the signing of the lease.

The procedure is free.

Hearing

Before the conciliation board, it is up to the landlord to prove that the rent supplement is justified. it must prove that the accommodation has particular characteristics of comfort or location, compared to the accommodation of the same category located in the same geographical area.

Decision

If the Conciliation Commission reaches an agreement, the amount of the rent shall be that fixed by the conciliation document issued by the Commission. This new amount will apply from the effective date of the lease.

If the disagreement persists, the tenant has 3 months from the receipt of the commission's opinion to ask the court of protection disputes to cancel or reduce the rent supplement.

Appeal to the judge

If the disagreement persists, the tenant must refer the matter to the court within 3 months of receiving the opinion of the conciliation board. It may refer a claim for cancelation or reduction of the rent supplement to the Dispute Judge for protection.

The rent (including any additional rent) fixed by the judge shall apply from the date of entry into force of the lease (retroactive effect).

  Warning : until the judge makes his decision, the tenant must continue to pay the rent (basic rent and rent supplement) set out in the lease agreement.

Whatever the dispute between you and your tenant or landlord (or his representative, including a real estate agency), it is always preferable to find a friendly solution in order to maintain good rental relations.

  Reminder : in the case of a mobility lease, a other procedure applies..

Friendly approach

If you cannot speak to yourself, it is advisable to send a registered letter with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

It must be accompanied by arguments and evidence to support your statement (legal references, invoices, photos etc...).

This letter is an essential first step in order to take a possible action before the judge.

For example, if the landlord has made a calculation error, the tenant can challenge the annual rent increase by this type of mail:

Challenging the amount of a rent revision during lease

Directorate of Legal and Administrative Information (Dila) - Prime Minister

Reconciliation

If you do not succeed with a letter, it may be useful to initiate conciliation proceedings with the departmental conciliation board on which housing depends.

  Please note : conciliation is optional. It is always free.

Appeal to the judge

In the event of a dispute annual rent review, you have 1 year to refer the matter to the Protection Litigation Judge from the date of review of the rent.

In Paris

If the basic rent (excluding charges and excluding rent supplement) in the lease is greater than the reference rent plus, the tenant may ask the landlord to reduce the basic rent.. The application must be made at least 5 months before the end of the lease.

4 months before the end of the lease, in the event of the owner's failure to reply or refusal, the tenant must enter the conciliation board (free procedure). In the absence of a conciliation procedure, the tenant may refer the matter to the protection dispute judge before the end of the lease.

  Warning : if the judge is not seised within that period, the lease shall be renewed under the previous conditions of the rent.

In Lille, Hellemmes and Lomme

If the basic rent (excluding charges and excluding rent supplement) in the lease is greater than the reference rent plus, the tenant may ask the landlord to reduce the basic rent.. The application must be made at least 5 months before the end of the lease.

4 months before the end of the lease, in the event of the owner's failure to reply or refusal, the tenant must enter the conciliation board (free procedure). In the absence of a conciliation procedure, the tenant may refer the matter to the protection dispute judge before the end of the lease.

  Warning : if the judge is not seised within that period, the lease shall be renewed under the previous conditions of the rent.

If the landlord considers that the rent of the empty rental unit is manifestly undervalued, he may offer the tenant a new higher rent.

The tenant can accept or refuse. In the event of persistent disagreement, several remedies are available. The procedure depends on the location of the accommodation: in a municipality stretched area, in Paris, Lille, Hellemmes, Lomme, or in a non-tense area.

Check if a housing is in a tight zone

Directorate of Legal and Administrative Information (Dila) - Prime Minister

Stretch Area

If the landlord considers that the rent of the empty rental unit is manifestly undervalued, he may offer the tenant a new higher rent. The owner must make this proposal at least 6 months before the end of the lease.

To accept the landlord's proposal for an increase, the tenant must send the landlord his written agreement no later than 4 months before the end of the lease.

The tenant may refuse the proposed increase. To do this, he must send a letter to the owner, at the latest 4 months before the end of the lease.

  Please note : failure to respond by the tenant constitutes refusal.

If the tenant refuses or does not respond at the latest 4 months before the end of the contract, the landlord (or tenant) must seize the Departmental Conciliation Commission (CDC) to agree on the price (free procedure).

If the disagreement persists despite the intervention of the departmental conciliation commission, the judge of the protection disputes of the court on which the dwelling depends must be seized before the end of the lease.

In Paris

The owner may share for rent where the rent is less than the reduced reference rent in force at the date of the proposal. The proposal must be made at least 6 months before the end of the contract.

The tenant may contest the rent revaluation action, with reference to rents usually found in the vicinity for comparable housing.

In case of disagreement or if no response 4 months before the end of the contract, the tenant or the owner must enter the conciliation board..

In the event of a failure to reach a settlement, the protection disputes judge may be seised before the end of the contract.

In the absence of referral to the judge, the contract shall be automatically renewed to the previous conditions of the rent, which may be revised.

  Warning : if the judge is not seised before the end of the lease, the lease shall be renewed under the previous conditions of the rent. However, if the old rent has not been revised in the previous 12 months, the landlord may increase it from the evolution of the Rent Reference Index (RPI) to set the new rent.

In Lille, Hellemmes and Lomme

The owner may share for rent where the rent is less than the reduced reference rent in force at the date of the proposal. The proposal must be made at least 6 months before the end of the contract.

The tenant may contest the rent revaluation action, with reference to rents usually found in the vicinity for comparable housing.

In case of disagreement or if no response 4 months before the end of the contract, the tenant or the owner must enter the conciliation board..

In the event of a failure to reach a settlement, the protection disputes judge may be seised before the end of the contract.

In the absence of referral to the judge, the contract shall be automatically renewed to the previous conditions of the rent, which may be revised.

  Warning : if the judge is not seised before the end of the lease, the lease shall be renewed under the previous conditions of the rent. However, if the old rent has not been revised in the previous 12 months, the landlord may increase it from the evolution of the Rent Reference Index (RPI) to set the new rent.

Untense Zone

If the landlord considers that the rent is manifestly undervalued, he may offer the tenant a new higher rent. The owner must make this proposal at least 6 months before the end of the lease.

To accept the landlord's proposal for an increase, the tenant must send the landlord his written agreement no later than 4 months before the end of the lease.

The tenant may refuse the proposed increase. To do this, he must send a letter to his owner, at the latest 4 months before the end of the lease.

  Please note : failure to respond by the tenant constitutes refusal.

If the tenant refuses or does not respond at the latest 4 months before the end of the contract, the landlord (or tenant) can seize the Departmental Conciliation Commission (CDC) to agree on the price (free procedure).

If the disagreement persists despite the intervention of the departmental conciliation commission, the judge of the dispute of the protection of the court on which the dwelling depends may be seised, provided that it does so before the end of the lease.

If the dwelling is not adequate, the tenant must indicate in writing to the landlord the signs of non-conformity of the dwelling to decency criteria..

This letter is an essential first step in order to take a possible action before the judge.

  Reminder : in the case of a mobility lease, a other procedure applies..

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If the owner accepts the signs of non-decency

The tenant must specify by registered letter with acknowledgement of receipt the work of conformity which the owner undertakes to carry out, as well as the deadlines of realization.

If the owner disputes the signs of non-decency

The tenant must demand the owner to carry out the work of compliance. This notice shall be sent by registered letter with acknowledgement of receipt.

If, after a period of one month, the formal notice has not been answered or the disagreement persists, the tenant or lessor may refer the matter to the court registry and/or the departmental conciliation board..

Whatever the dispute between you and your tenant or lessor (or his representative, including a real estate agency), it is always preferable to find a friendly solution to maintain good rental relations.

  Reminder : in the case of a mobility lease, a other procedure applies..

Friendly approach

If you cannot speak to yourself, it is advisable to send a registered letter with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

It must be accompanied by arguments and evidence to support your statement (legal references, invoices, photos etc...).

This letter is an essential first step in order to take a possible action before the judge.

Reconciliation

If you do not succeed with a letter, it may be useful to initiate conciliation proceedings:

  Please note : conciliation is optional. It is always free.

Appeal to the judge

For a dispute about lease agreement, you may apply to the court on which the rented accommodation depends.

You have 3 years to refer the case to the protection litigation judge after the appearance of the case.

Whatever the dispute between you and your tenant or lessor (or his representative, including a real estate agency), it is always preferable to find a friendly solution in order to maintain good rental relations.

  Reminder : in the case of a mobility lease, a other procedure applies..

Friendly approach

If you cannot speak to yourself, it is advisable to send a registered letter with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

It must be accompanied by arguments and evidence to support your statement (legal references, invoices, photos etc...).

This letter is an essential first step in order to take a possible action before the judge.

Reconciliation

If you do not succeed with a letter, it may be useful to initiate conciliation proceedings:

  Please note : conciliation is optional. It is always free.

Appeal to the judge

For a dispute concerning the state of play input or output, you may apply to the court on which the rented accommodation depends.

You have 3 years to refer the case to the protection litigation judge after the appearance of the case.

This refers to all disputes between a tenant and his landlord (or his representative, including a real estate agency), in particular those relating to:

  Reminder : in the case of a mobility lease, a other procedure applies..

In any case, it is always preferable to find a friendly solution in order to maintain good rental relations.

Mutual remedy

If you cannot speak to yourself, it is advisable to send a registered letter with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

It must be accompanied by arguments and evidence to support your statement (legal references, invoices, photos etc...).

This letter is an essential first step in order to take a possible action before the judge.

Reconciliation

If you don't win a case with a letter, it may be useful to refer the matter to the departmental conciliation board.

The CDC is competent to many rental disputes, including:

For these disputes, the procedure is optional.

It is always free.

  Warning : the CDC does not have jurisdiction over rent disputes in the social park.

Appeal to the judge

In general, any dispute relating to a rental property falls within the jurisdiction of the court protection litigation judge on whom the rental property depends.

The referral must be made within 3 years of the appearance of the dispute.