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What to do in case of a dispute related to the rental of a dwelling?

Verified 15 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Cancelation of the conciliation obligation

Published on 17 November 2022

In a ruling on September 22, 2022, the Conseil d’État annulled article 750-1 of the code of civil procedure, which establishes the obligation of conciliation and mediation prior to litigation.

In the event of a conflict over a rental unit with a residential lease, it is sometimes mandatory to enter into a conciliation procedure with the of a third party (e.g. Justice Conciliator), and then be able to refer the case to the judge. Depending on the type of dispute (on the lease, the rent, the state of the premises...), owner and tenant must respect deadlines to act.

Warning  

in case of mobility lease, specific rules apply.

To be considered as furnished dwelling, the dwelling to be rented must contain at least some furniture. The list of essential furniture depends on the date of signature of the lease.

In the event of a dispute, the action to be taken depends on the amount of the dispute:

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Dispute less than or equal to €5,000

Registered mail

If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

You must attach documents to support your comments (legislation, regulations, invoices, photos...).

Conciliation (required)

If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice.

This is free of charge.

Refer the matter to the judge

You must refer the case to the protection litigation judge the court on which the rented accommodation depends.

You have 3 years to do it, after the dispute appears.

The judge may decide to re-qualify the lease of a furnished dwelling under lease from empty housing, in the event of failure to comply with the list of essential furniture.

Dispute over €5,000

Registered mail

If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

You must attach documents to support your comments (legislation, regulations, invoices, photos...).

Reconciliation (optional)

If you don't win with registered mail, it can be helpful to initiate a conciliation with a conciliator of justice.

This is free of charge.

Refer the matter to the judge

You must refer the case to the protection litigation judge the court on which the rented accommodation depends.

You have 3 years to do it, after the dispute appears.

The judge may decide to re-qualify the lease of a furnished dwelling under lease from empty housing, in the event of failure to comply with the list of essential furniture.

The lease of an empty dwelling must comply with specific rules (content, annexed documents...).

In the event of a dispute, the action to be taken depends on the amount of the dispute:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Dispute less than or equal to €5,000

Registered mail

If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

You must attach documents to support your comments (legislation, regulations, invoices, photos...).

Conciliation (required)

If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice

This is free of charge.

Refer the matter to the judge

You must refer the case to the protection litigation judge the court on which the rented accommodation depends.

You have 3 years to do it, after the dispute appears.

Dispute over €5,000

Registered mail

If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

You must attach documents to support your comments (legislation, regulations, invoices, photos...).

Reconciliation (optional)

If you are not successful with registered mail, it may be helpful to initiate a conciliation with:

This is optional.

It's always free.

Refer the matter to the judge

You must refer the case to the protection litigation judge the court on which the rented accommodation depends.

You have 3 years to do it, after the dispute appears.

In the event of a dispute, the action to be taken depends on the amount of the dispute.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Dispute less than or equal to €5,000

Registered mail

If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

You must attach documents to support your comments (legislation, regulations, invoices, photos...).

For example, if the security deposit is not rendered by the owner in the time limit for doing so, the tenant can write his mail according to this template:

Request a refund of the unreturned security deposit

Conciliation (required)

If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice

This is free of charge.

Refer the matter to the judge

If the conciliation fails, refer the case to the protection litigation judge the court on which the rented accommodation depends. The case must be brought before the court within three years of the date on which the security deposit should have been paid.

Who shall I contact

Dispute over €5,000

Registered mail

If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

You must attach documents to support your comments (legislation, regulations, invoices, photos...).

For example, if the security deposit is not rendered by the owner in the time limit for doing so, the tenant can write his mail according to this template:

Request a refund of the unreturned security deposit

Reconciliation (optional)

If you are not successful with registered mail, it may be helpful to initiate a conciliation with:

This is optional.

It's always free.

Refer the matter to the judge

You have to refer the case to the protection litigation judge the court on which the rented accommodation depends.

The case must be brought before the court within three years of the date on which the security deposit should have been paid.

Who shall I contact

In the event of a dispute, the action to be taken depends on the amount of the dispute:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Dispute less than or equal to €5,000

Registered mail

If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

You must attach documents to support your comments (legislation, regulations, invoices, photos...).

Conciliation (required)

If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice

This is free of charge.

Refer the matter to the judge

You must refer the case to the protection litigation judge the court on which the rented accommodation depends.

You have 3 years to do it, after the dispute appears.

Dispute over €5,000

Registered mail

If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

You must attach documents to support your comments (legislation, regulations, invoices, photos...).

Reconciliation (optional)

If you are not successful with registered mail, it may be helpful to initiate a conciliation with:

This is optional.

It's always free.

Refer the matter to the judge

You must refer the case to the protection litigation judge the court on which the rented accommodation depends.

You have 3 years to do it, after the dispute appears.

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

If the owner admits indecency

The tenant must have specified by registered letter with acknowledgement of receipt the compliance work that the owner undertakes to carry out, as well as the deadlines for completion.

If the landlord disputes the indecency

The tenant must demand that the landlord complete the compliance work. This formal notice shall be given by registered letter with acknowledgement of receipt.

If after 2 months, the formal notice has remained unanswered or the disagreement persists, the tenant or owner may refer the matter to the court registry.

However, he may choose to enter beforehand:

Who shall I contact

In general, when the dwelling is rented for 1re The landlord sets the rent freely.

However, in some municipalities, the rent may not exceed a maximum amount. These are the following municipalities:

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In Paris

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 find the reference rent plus 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:

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.

In Lille, Hellemmes and Lomme

Since 1er March 2020, 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 find the reference rent plus 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:

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.

In Lyon and Villeurbanne

Since 1er November 2020, 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 find the reference rent plus 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:

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.

In Montpellier

Since 1er july 2022, 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 find the reference rent plus 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:

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.

In Bordeaux

Since July 15, 2022, 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 find the reference rent plus 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:

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.

On the territory of Est Ensemble

Since 1er december 2021, 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 find the reference rent plus 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:

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.

On the territory of the Common Plain

Since 1er june 2021, 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 find the reference rent plus 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:

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.

The rules to be applied when the dwelling is rented again to a tenant after remaining unoccupied for less than 18 months depend on the municipality where the dwelling is located.

There are several scenarios:

  • Either the accommodation is located in Paris, Lille (Hellemmes, Lomme), Montpellier, Bordeaux, Lyon and Villeurbanne, Montpellier, Bordeaux or in the municipalities ofIs Together or Common Plain
  • Either the housing is located in another municipality, located in a stretched area
  • Either the housing is located in another commune, which is not located in the maintained zone

To find out if your municipality is in a stretched area, you can use this simulator:

Verify that a dwelling is in a stretched area

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In Paris

The base rent (excluding charges and excluding rent supplement) of a dwelling placed on the market after less than 18 months of vacancy may be increased in some cases only :

  • where it has not been revised in the preceding 12 months
  • when certain works have been carried out 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.

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.

On the territory of Est Ensemble

Since December 2021, the base rent (excluding expenses and excluding rent supplement) of a dwelling placed on the market after less than 18 months of vacancy may be increased in some cases only :

  • where it has not been revised in the preceding 12 months
  • when certain works have been carried out 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.

To find out the reference rent:

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.

In Lille, Hellemmes or Lomme

The base rent (excluding charges and excluding rent supplement) of a dwelling placed on the market after less than 18 months of vacancy may be increased in some cases only :

  • where it has not been revised in the preceding 12 months
  • when certain works have been carried out 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.

To find out the reference rent:

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.

In Lyon and Villeurbanne

Since November 2021, the base rent (excluding expenses and excluding rent supplement) of a dwelling placed on the market after less than 18 months of vacancy may be increased in some cases only :

  • where it has not been revised in the preceding 12 months
  • when certain works have been carried out 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.

To find out the reference rent:

Lyon and Villeurbanne: test my rent (lease signed since November 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.

On the territory of the Common Plain

Since 1er June 2021, The base rent (excluding expenses and excluding rent supplement) of a dwelling placed on the market after less than 18 months of vacancy may be increased in some cases only :

  • where it has not been revised in the preceding 12 months
  • when certain works have been carried out 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.

To find out the reference rent plus:

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.

In Montpellier

Since 1er july 2022, the base rent (excluding expenses and excluding rent supplement) of a dwelling placed on the market after less than 18 months of vacancy may be increased in some cases only :

  • where it has not been revised in the preceding 12 months
  • when certain works have been carried out 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.

To find out the reference rent plus:

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.

In Bordeaux

As of July 15, 2022, the base rent (excluding expenses and excluding rent supplement) of a dwelling placed on the market after less than 18 months of vacancy may be increased in some cases only :

  • where it has not been revised in the preceding 12 months
  • when certain works have been carried out 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.

To find out the reference rent:

Bordeaux: estimate the reference rents (lease signed since July 15, 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.

Elsewhere in a tense area

The rent of a dwelling put back on the market after less than 18 months of vacancy may be increased in certain cases only and under certain conditions.

Outside tense zone

The rent of a dwelling put back on the market after being vacant (more or less than 18 months) can be increased freely.

In general, when the dwelling is rented after being unoccupied for less than 18 months, the landlord freely sets the rent.

However, in some municipalities, the rent may not exceed a maximum amount. These are the following municipalities:

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In Paris

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 find the reference rent plus 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:

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.

In Lille, Hellemmes and Lomme

Since 1er March 2020, 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 find the reference rent plus 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:

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.

In Lyon and Villeurbanne

Since 1er November 2020, 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 find the reference rent plus 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:

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.

In Montpellier

Since 1er july 2022, 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 find the reference rent plus 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:

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.

In Bordeaux

Since July 15, 2022, 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 find the reference rent plus 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:

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.

On the territory of Est Ensemble

Since 1er december 2021, 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 find the reference rent plus 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:

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.

On the territory of the Common Plain

Since 1er june 2021, 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 find the reference rent plus 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:

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.

In the event of a dispute over the amount of rent supplement, it is compulsory to initiate conciliation within three months of the signature of the lease, before any appeal to the court.

Conciliation (required step)

Refer to committee

The tenant must seize the Departmental Conciliation Committee (CDC) before appealing to the judge.

He must seize the DCC: titleContent within 3 months of the signature of the lease.

The procedure is free of charge.

Audience

Before the CDC, it is up to the landlord to prove that the rent supplement is justified and to prove that the dwelling has particular characteristics of comfort or location, compared to dwellings of the same category located in the same geographical area.

Decision

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

If the disagreement persists, the tenant has 3 months from receipt of the CDC's notice to ask the protection litigation judge to cancel or reduce the rent supplement.

Refer the matter to the judge

If the disagreement persists, the tenant must bring the matter before the court within 3 months after receiving the opinion of the Conciliation Commission. He can refer the case to the protection litigation judge an application for cancelation or reduction of the rent supplement.

The rent (taking into account any additional rent) fixed by the judge applies 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 (base rent and rent supplement) set out in the lease.

Formal notice

If you cannot reach your tenant or landlord, you can send them a registered mail with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

You must attach supporting documents (legislation, regulations, invoices...).

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

Dispute the amount of a rent revision during the lease

Conciliation

If the dispute persists despite the formal notice, it is possible to initiate a conciliation with the help of the departmental conciliation commission (CDC) or a conciliator of justice. Where the amount of the dispute is less than or equal to €5,000, such conciliation is compulsory in order to be able to refer the matter to the court.

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To enter the CDC

The CDC must be seized by registered letter with acknowledgement of receipt.

Tenant: letter to refer to the departmental conciliation commission (CDC)

This letter should be addressed to the CDC of the department where the dwelling is located.

For CDC contact information:

Who shall I contact

To appeal to a court conciliator

To find a conciliator:

Who shall I contact

Refer the matter to the judge

In the event of a dispute over a annual rent review, you have 1 year to refer the case to the protection litigation judge from the date of the rent revision.

One rent-reduction action may be hired for accommodation situated in the following municipalities or groupings of municipalities:

  • Bordeaux (lease signed or renewed since July 15, 2022)
  • Montpellier (lease signed or renewed since 1er July 2022)
  • Is Together (lease signed or renewed since 1er December 2021)
  • Lille, Hellemmes and Lomme
  • Lyon and Villeurbanne
  • Paris
  • Common plain

When 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 to lower the base rent. He must make this request at least 5 months before the term of the lease.

4 months before the end of the lease, in case of lack of response or refusal of the owner, the tenant must seize the Departmental Conciliation Commission (CDC). The CDC intervenes free of charge. If the conciliation fails, the tenant can refer the case to the protection litigation judge before the lease expires.

Warning  

if the judge is not seised within this period, the lease is extended to the previous terms of the rent.

Where the landlord considers that the rent for the vacant rented accommodation is manifestly undervaluedHowever, he may offer the tenant a new higher rent.

The tenant can accept or refuse.

In the event of persistent disagreement, the procedure to be followed depends on the location of the dwelling:

  • in Paris, Lille (Hellemmes, Lomme), Common plain, Is Together, Lyon and Villeurbanne, Montpellier, Bordeaux
  • in a municipality in a stretched area
  • in another commune (outside tense zone)

To check if the municipality is in a stretched area:

Verify that a dwelling is in a stretched area

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Paris

The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.

To find out the reference rent:

Paris: Estimate reference rents (lease signed since July 2019)

The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.

It is possible know the rents in the neighborhood.

In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.

If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.

Warning  

if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.

Is Together

The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.

To find out the reference rent:

Together: Estimate the reference rents (lease signed since December 2021)

The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.

It is possible know the rents in the neighborhood.

In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.

If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.

Warning  

if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.

Lille (Hellemmes and Lomme)

The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.

To find out the reference rent:

Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)

The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.

It is possible know the accommodation in the neighborhood.

In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.

If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.

Warning  

if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.

Lyon and Villeurbanne

The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.

To find out the reference rent:

Lyon and Villeurbanne: test my rent (lease signed since November 2021)

The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.

It is possible know the accommodation in the neighborhood.

In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.

If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.

Warning  

if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.

Montpellier

The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.

To find out the reference rent:

Montpellier: Estimate benchmark rents (lease signed after June 2022)

The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.

It is possible know the accommodation in the neighborhood.

In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.

If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.

Warning  

if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.

Bordeaux

The owner can hire a rent revaluation share if the rent is less than reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.

To find out the reference rent:

Bordeaux: estimate the reference rents (lease signed since July 15, 2022)

The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.

It is possible know the accommodation in the neighborhood.

In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.

If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.

Warning  

if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.

Common plain

The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.

To find out the reference rent:

Common plain territory: estimate the reference rents (lease signed since June 2021)

The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.

It is possible know the rents in the neighborhood.

In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.

If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.

Warning  

if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.

Municipality in a stretched area

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

To accept the landlord's proposed increase, the tenant must send him his written agreement no later than 4 months before the term 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 reply by the tenant shall be deemed refusal.

If the tenant refuses or does not reply at the latest 4 months before the term of the lease, the landlord (or tenant) must enter the Departmental Conciliation Committee (CDC) to find an agreement on the price. The CDC intervenes free of charge.

If the CDC fails, it is possible to refer the case to the protection litigation judge of the court on which the dwelling depends, provided that this is done before the end of the lease.

Other municipality

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

To accept the landlord's proposed increase, the tenant must send him 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 landlord, at the latest 4 months before the end of the lease.

Please note

failure to reply by the tenant shall be deemed refusal.

If the tenant refuses or does not reply at the latest 4 months before the term of the lease, the landlord (or tenant) may seize the Departmental Conciliation Committee (CDC) to reach an agreement on the price (free procedure).

If the disagreement persists despite the CDC's intervention, it is possible to refer the case to the protection litigation judge of the court on which the dwelling depends, provided that this is done before the end of the lease.

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

Mail

If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.

The letter must describe the facts as precisely as possible.

You must attach documents to support your comments (legislation, regulations, invoices, photos...).

Conciliation

If you don't win a case with a letter, it can be helpful to enter the departmental conciliation commission.

The DCC: titleContent shall in particular be responsible for:

Warning  

the CDC does not have jurisdiction over disputes relating to the rent of social housing.

Conciliation is always free of charge.

FYI  

the tenant must continue to pay rent and expenses. Only the judge can decide temporarily block rent payment (excluding charges) to the owner, pending resolution of the dispute.

Refer the matter to the judge

Generally speaking, any dispute relating to a rental of real estate falls within the jurisdiction of the court responsible for the protection of the court on which the rented accommodation depends.

The judge must be seized within 3 years of the dispute.

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

    Request a call

  • Departmental Agency for Housing Information (Adil)

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