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

Verified 01 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)

In the event of a conflict over a private sector 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) before being able to refer the case to the judge, if necessary. Depending on the type of dispute (on the lease, the rent, the state of the premises ...), owner and tenant must respect deadlines to act. We'll explain.

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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.

The amount of the dispute shall be decisive:

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Dispute less than or equal to €5,000

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Amicable procedure (mandatory step)

If you do not succeed with registered mail, you must initiate a friendly procedure involving:

3. Recourse to the judge

If the amicable approach fails, 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

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Friendly approach (optional)

If you do not succeed with registered mail, you can take a friendly approach by:

3. Recourse 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.

FYI  

To determine the amount of the dispute, you must take into account the total amount of your requests. If it is not possible to quantify the amount of the dispute (for example, if you request the cancelation of the lease), you must to file a summons with the court. In the event of non-compliance with the list of essential furniture, the judge may decide to reclassify the lease of a furnished dwelling under lease from empty housing.

The lease must comply with specific rules (content, annexed documents...).

The amount of the dispute shall be decisive:

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Dispute less than or equal to €5,000

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Amicable procedure (mandatory step)

If you do not succeed with registered mail, you must initiate a friendly procedure involving:

3. Refer the case 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

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Friendly approach (optional)

If you do not succeed with registered mail, it may be useful to initiate a friendly approach involving:

3. Recourse 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.

FYI  

To determine the value of the dispute, the total amount of applications. You may not be able to quantify the value of the dispute (for example, if you request cancelation of a contract). In this case, you must to file a summons with the court.

In the event of a dispute over the amount of rent supplement, it is compulsory to enter into a conciliation procedure and then to refer the matter to the court, if necessary.

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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 remarks (legislation, photos...).

2. Conciliation (mandatory step)

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

He must bring the matter before the CDC within three months of signing the lease.

The procedure is free of charge.

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.

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.

3. Refer the case to the judge

If the disagreement persists despite the intervention of the CDC, 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.

The amount of the dispute shall be decisive:

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Dispute less than or equal to €5,000

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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

2. Amicable procedure (mandatory step)

If you do not succeed with registered mail, you must initiate a friendly procedure involving:

3. Recourse 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.

Dispute over €5,000

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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

2. Conciliation (optional step)

If you do not succeed with registered mail, it may be useful to initiate a friendly approach involving:

3. Recourse 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.

FYI  

To determine the value of the dispute, the total amount of applications. If you cannot determine the amount of the dispute, you must to file a summons with the court.

The amount of the dispute shall be decisive:

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Dispute less than or equal to €5,000

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Amicable procedure (mandatory step)

If you do not succeed with registered mail, you must initiate a friendly procedure involving:

3. Recourse to the judge

If the amicable approach fails, 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

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Friendly approach (optional)

If you do not succeed with registered mail, you can take a friendly approach by:

3. Recourse 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.

FYI  

To determine the value of the dispute, the total amount of applications. You may not be able to quantify the value of the dispute. In this case, you must to file a summons with the court.

The landlord (or real estate agency) must provide the tenant with decent accommodation.

Warning  

The tenant must not under any circumstances stop paying all or part of his rent on the pretext that the landlord does not respect his obligations.

If the accommodation is not decent, the tenant must indicate to the owner (or the real estate agency) the signs of non-compliance of the housing with the criteria of decency. It is recommended to do so in writing, and to send this letter by registered mail with notice of receipt. To do this, he can use this letter template:

Report to the landlord (landlord or real estate agency) the indecency of the rented accommodation

Depending on the department where the accommodation is located, the tenant can report signs of indecency of the dwelling on Histology, in order to obtain support from the State services in its approach to the owner (or the real estate agency):

History: to report to state services signs of indecency of rented housing

The rest depends on the response of the owner (or real estate agency):

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The owner recognizes the signs of indecency

The tenant must have the landlord specify, by registered letter with acknowledgement of receipt, the following information:

  • Compliance work that the owner undertakes to carry out
  • Time limits for carrying out this work.

The owner disputes the signs of indecency

Energy performance
For a lease signed, renewed or tacitly renewed between 2023 and 2024

The tenant must demand that the owner carry out the compliance work by registered letter with acknowledgement of receipt.

FYI  

When the body paying the housing allowance due to the tenant (or a body mandated to establish indecency) informs the owner of his obligation to bring the housing into conformity, this amounts to a formal notice by the tenant.

After 2 months, if the formal notice has not been answered or if the disagreement persists, the tenant (or owner) may:

FYI  

However, the tenant or the landlord (or the real estate agency) can choose to engage in a conciliation with:

If the judge finds that the dwelling does not meet the standards of decency, he can determine the work to be done and the deadline for doing it. It can reduce the amount of rent or suspend, with or without consignment, its payment and the duration of the lease until such time as the work is carried out.

But the judge can't order measurement to meet a maximum final energy consumption threshold, if the 2 conditions the following are combined:

  • The unit is part of a condominium
  • The owner demonstrates that, although he proposed at a general meeting that work be carried out in the common areas or on the common equipment be co-owned, and that, despite carrying out work in the private areas, he was unable to achieve a level of energy consumption below the maximum threshold.
For a lease signed, renewed or tacitly renewed from 2025

The tenant must demand that the owner carry out the compliance work by registered letter with acknowledgement of receipt.

FYI  

When the body paying the housing allowance due to the tenant (or a body mandated to establish indecency) informs the owner of his obligation to bring the housing into conformity, this amounts to a formal notice by the tenant.

After 2 months, if the formal notice has not been answered or if the disagreement persists, the tenant (or owner) may refer the case to the protection litigation judge the court on which the rented accommodation depends.

FYI  

However, the tenant or the landlord (or the real estate agency) can choose to engage in a conciliation with:

If the judge finds that the dwelling does not meet the standards of decency, he can determine the work to be done and the deadline for doing it. It can reduce the amount of rent or suspend, with or without consignment, its payment and the duration of the lease until such time as the work is carried out.

But the judge can't order work aimed at achieving a minimum level of performance if it involves at least one of the constraints following:

  • They pose a risk of pathology of the building, affecting in particular the structures or the enclosed and covered buildings, attested by a reasoned note drawn up, under his responsibility, by an architect.
  • They would involve changes in the condition of the exterior, including the second work, or in the condition of the architectural and decorative elements of the building, and have been refused authorization by the administrative authority competent in matters of city planning or natural or historic heritage on this ground.

FYI  

It is up to the owner to provide the judge with the documents proving that it is impossible to carry out this work. However, the judge may postpone his decision pending the decision of the competent administrative authority.

In another field

The tenant must demand that the owner carry out the compliance work by registered letter with acknowledgement of receipt.

FYI  

When the body paying the housing allowance due to the tenant (or a body mandated to establish indecency) informs the owner of his obligation to bring the housing into conformity, this amounts to a formal notice by the tenant.

After 2 months, if the formal notice has not been answered or if the disagreement persists, the tenant (or owner) may refer the case to the protection litigation judge the court on which the rented accommodation depends.

FYI  

However, the tenant or the landlord (or the real estate agency) can choose to engage in a conciliation with:

If the judge finds that the dwelling does not meet the standards of decency, he can determine the work to be done and the deadline for doing it. It can reduce the amount of rent or suspend, with or without consignment, its payment and the duration of the lease until such time as the work is carried out.

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 rents increased 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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 Basque Country

Since November 25, 2025, 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 rents increased 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)
  • Be handed in hand against 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
  • Or 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:

Whether a dwelling is located in a tense area (notice from the tenant and rent control)

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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 it by sending the owner (or the real estate agency) a registered letter with acknowledgement of receipt.

If it fails, it can enter:

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 rent reference reduced and increased

If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest it by sending the owner (or the real estate agency) a registered letter with acknowledgement of receipt.

If it fails, it can enter:

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:

Eastern Territory Together: Estimating Reference Rents

If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest it by sending the owner (or the real estate agency) a registered letter with acknowledgement of receipt.

If it fails, it can enter:

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 it by sending the owner (or the real estate agency) a registered letter with acknowledgement of receipt.

If it fails, it can enter:

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 it by sending the owner (or the real estate agency) a registered letter with acknowledgement of receipt.

If it fails, it can enter:

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 reference rents (lease signed since July 2022)

If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest it by sending the owner (or the real estate agency) a registered letter with acknowledgement of receipt.

If it fails, it can enter:

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 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 it by sending the owner (or the real estate agency) a registered letter with acknowledgement of receipt.

If it fails, it can enter:

On the territory of the Basque Country

As of November 25, 2025, 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:

Basque Country: Estimate reference rents for a lease signed since November 25, 2024

If the new rent exceeds reference rent plus in effect on the date of signature of the lease, the tenant can contest it by sending the owner (or the real estate agency) a registered letter with acknowledgement of receipt.

If it fails, it can enter:

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 rents increased 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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)
  • Be handed in hand against 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 Basque Country

Since November 25, 2025, 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 see the reference rents 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)
  • Be handed in hand against 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 amount of the dispute is decisive.

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Dispute less than or equal to €5,000

1. Formal notice (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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

2. Amicable procedure (mandatory step)

If the dispute persists despite the formal notice, an amicable procedure must be initiated involving:

This amicable procedure is compulsory in order to be able to refer the matter to the judge.

3. Refer the case to the judge

In case of failure of the amicable approach, refer the case to the protection litigation judge the court on which the rented accommodation depends, within one year of the date of the rent review.

Dispute over €5,000

1. Formal notice (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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

2. Friendly approach (optional)

If the dispute persists despite the formal notice, it may be useful to initiate a friendly procedure involving:

3. Refer the case to the judge

You have to refer the case to the protection litigation judge the court on which the rented accommodation depends, within one year of the date of the rent review.

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

  • Paris
  • Bordeaux
  • Is Together
  • Lille, Hellemmes and Lomme
  • Lyon and Villeurbanne
  • Montpellier
  • Common Plain
  • Basque Country (lease signed since November 25, 2024).

When the base rent (excluding charges and excluding rent supplement) entered in the lease is higher than the reference rent plus, the tenant may offer the landlord a reduction in the base rent. The tenant must make this proposal at least 5 months before the term of the lease.

4 months before end of lease, if the landlord fails to reply or refuses, the tenant must refer 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 renewed under the previous conditions 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, and Basque Country since november 25, 2024
  • in a municipality in a stretched area
  • in another commune (outside tense zone)

To check if the municipality is in a stretched area:

Whether a dwelling is located in a tense area (notice from the tenant and rent control)

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Paris

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.

The tenant can challenge the rent revaluation share, providing to the owner 6 comparable housing rental references located in the same group of buildings or in another group of buildings with similar characteristics and located in the same geographical area.

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 before the lease expires, the lease is renewed at 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 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.

The tenant can challenge the rent revaluation share, providing to the owner 6 comparable housing rental references located in the same group of buildings or in another group of buildings with similar characteristics and located in the same geographical area.

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 before the lease expires, the lease is renewed at 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 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.

The tenant can challenge the rent revaluation share, providing to the owner 6 rental references comparable dwellings situated in the same group of buildings or in another group of buildings with similar characteristics and situated in the same geographical area.

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 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.

The tenant can challenge the rent revaluation share, providing to the owner 6 rental references comparable dwellings situated in the same group of buildings or in another group of buildings with similar characteristics and situated in the same geographical area.

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 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.

The tenant can challenge the rent revaluation share, providing to the owner 6 rental references comparable dwellings situated in the same group of buildings or in another group of buildings with similar characteristics and situated in the same geographical area.

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 before the lease expires, the lease is renewed at 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.

The tenant can challenge the rent revaluation share, providing to the owner 6 rental references comparable dwellings situated in the same group of buildings or in another group of buildings with similar characteristics and situated in the same geographical area.

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 before the lease expires, the lease is renewed at 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.

Basque Country

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:

Basque Country: Estimate reference rents for a lease signed since November 25, 2024

The tenant can challenge the rent revaluation share, providing to the owner 6 rental references comparable dwellings situated in the same group of buildings or in another group of buildings with similar characteristics and situated in the same geographical area.

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 before the lease expires, the lease is renewed at 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 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.

The tenant can challenge the rent revaluation share, providing to the owner 6 comparable housing rental benchmark located in the same group of buildings or in another group of buildings with similar characteristics and located in the same geographical area.

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 before the lease expires, the lease is renewed at 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:

Warning  

Even in the event of a dispute, 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.

1. Registered mail

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Friendly approach

If you don't win a case with a letter, and:

To determine the amount of the dispute, you must take into account the total amount of your requests. If it is not possible to quantify the amount of the dispute (for example, if you request the cancelation of the lease), you must to file a summons with the court.

FYI  

The DCC: titleContent shall in particular be responsible for:

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

3. Refer the case to the judge

Generally speaking, any dispute relating to a residential lease falls within the jurisdiction of the litigation judge of the court on which the rental unit depends.

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

Overseas

Overseas here means Guadeloupe, French Guiana, Martinique, Reunion, Mayotte.

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.

The amount of the dispute shall be decisive:

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Dispute less than or equal to €5,000

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Amicable procedure (mandatory step)

If you do not succeed with registered mail, you must initiate a friendly procedure involving:

3. Recourse to the judge

If the amicable approach fails, 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

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Friendly approach (optional)

If you do not succeed with registered mail, you can take a friendly approach by:

3. Recourse 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.

FYI  

To determine the amount of the dispute, you must take into account the total amount of your requests. If it is not possible to quantify the amount of the dispute (for example, if you request the cancelation of the lease), you must to file a summons with the court. In the event of non-compliance with the list of essential furniture, the judge may decide to reclassify the lease of a furnished dwelling under lease from empty housing.

The lease must comply with specific rules (content, annexed documents...).

The amount of the dispute shall be decisive:

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Dispute less than or equal to €5,000

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Amicable procedure (mandatory step)

If you do not succeed with registered mail, you must initiate a friendly procedure involving:

3. Refer the case 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

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Friendly approach (optional)

If you do not succeed with registered mail, it may be useful to initiate a friendly approach involving:

3. Recourse 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.

FYI  

To determine the value of the dispute, the total amount of applications. You may not be able to quantify the value of the dispute (for example, if you request cancelation of a contract). In this case, you must to file a summons with the court.

The amount of the dispute shall be decisive:

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Dispute less than or equal to €5,000

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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

2. Amicable procedure (mandatory step)

If you do not succeed with registered mail, you must initiate a friendly procedure involving:

3. Recourse 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.

Dispute over €5,000

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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

2. Conciliation (optional step)

If you do not succeed with registered mail, it may be useful to initiate a friendly approach involving:

3. Recourse 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.

FYI  

To determine the value of the dispute, the total amount of applications. If you cannot determine the amount of the dispute, you must to file a summons with the court.

The amount of the dispute shall be decisive:

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Dispute less than or equal to €5,000

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Amicable procedure (mandatory step)

If you do not succeed with registered mail, you must initiate a friendly procedure involving:

3. Recourse to the judge

If the amicable approach fails, 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

1. Registered mail (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Friendly approach (optional)

If you do not succeed with registered mail, you can take a friendly approach by:

3. Recourse 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.

FYI  

To determine the value of the dispute, the total amount of applications. You may not be able to quantify the value of the dispute. In this case, you must to file a summons with the court.

The landlord (or real estate agency) must provide the tenant with decent accommodation.

Warning  

The tenant must not under any circumstances stop paying all or part of his rent on the pretext that the landlord does not respect his obligations.

If the dwelling is not decent, the tenant must indicate to the owner (or the real estate agency) the signs of non-compliance of the dwelling with the criteria of decency. It is recommended to do so in writing, and to send this letter by registered mail with notice of receipt. To do this, he can use this letter template:

Report to the landlord (landlord or real estate agency) the indecency of the rented accommodation

Depending on the department where the dwelling is located, the tenant can report signs of indecency of the dwelling on Histology, in order to obtain support from the State services in its approach to the owner (or the real estate agency):

History: to report to state services signs of indecency of rented housing

The rest depends on the response of the owner (or real estate agency):

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The owner recognizes the signs of indecency

The tenant must have the landlord specify, by registered letter with acknowledgement of receipt, the following information:

  • Compliance work that the owner undertakes to carry out
  • Time limits for carrying out this work.

The owner disputes the signs of indecency

The tenant must demand that the owner carry out the compliance work by registered letter with acknowledgement of receipt.

FYI  

When the body paying the housing allowance due to the tenant (or a body mandated to establish indecency) informs the owner of his obligation to bring the housing into conformity, this amounts to a formal notice by the tenant.

After 2 months, if the formal notice has not been answered or if the disagreement persists, the tenant (or owner) may:

FYI  

However, the tenant or the landlord (or the real estate agency) can choose to engage in a conciliation with:

If the judge finds that the dwelling does not meet the standards of decency, he can determine the work to be done and the deadline for doing it. It can reduce the amount of rent or suspend, with or without consignment, its payment and the duration of the lease until such time as the work is carried out.

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 housing is located in another municipality, located in a stretched area
  • Or 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:

Whether a dwelling is located in a tense area (notice from the tenant and rent control)

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In a stretched 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.

The amount of the dispute is decisive.

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Dispute less than or equal to €5,000

1. Formal notice (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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

2. Amicable procedure (mandatory step)

If the dispute persists despite the formal notice, an amicable procedure must be initiated involving:

This amicable procedure is compulsory in order to be able to refer the matter to the judge.

3. Refer the case to the judge

In case of failure of the amicable approach, refer the case to the protection litigation judge the court on which the rented accommodation depends, within one year of the date of the rent review.

Dispute over €5,000

1. Formal notice (optional step)

If you are unable to speak to your tenant or landlord (or their representative), 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

2. Friendly approach (optional)

If the dispute persists despite the formal notice, it may be useful to initiate a friendly procedure involving:

3. Refer the case to the judge

You have to refer the case to the protection litigation judge the court on which the rented accommodation depends, within one year of the date of the rent review.

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 a commune in a tense area
  • In another commune (outside tense zone).

To check if the municipality is in a stretched area:

Whether a dwelling is located in a tense area (notice from the tenant and rent control)

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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:

Warning  

Even in the event of a dispute, 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.

1. Registered mail

If you are unable to speak to your tenant or landlord (or their representative), 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...).

2. Friendly approach

If you don't win a case with a letter, and:

To determine the amount of the dispute, you must take into account the total amount of your requests. If it is not possible to quantify the amount of the dispute (for example, if you request the cancelation of the lease), you must to file a summons with the court.

FYI  

The DCC: titleContent shall in particular be responsible for:

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

3. Refer the case to the judge

Generally speaking, any dispute relating to a residential lease falls within the jurisdiction of the litigation judge of the court on which the rental unit depends.

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

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