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Payment of rent for private sector housing 

Verified 09 juillet 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The tenant must pay the rent on the date noted in the lease. In return for this payment, he may ask the owner for a rent receipt.. In case of difficulties in paying the rent, the tenant must try to find an agreement with the landlord (example: partial payment of rent) to avoid having a late payment or a rental debt. The landlord may review the rent each year, if the lease so provides (annual review clause).

Fixing

The rent of an empty or furnished rental unit used as a principal residence is in principle freely fixed by the owner.

However, the communes located tense area are subject to rent control.. In these cities, the rent is capped when renting the house (in the case of a new tenant) and when renewing the lease (in the case of the same tenant).

Attention, Paris and Lille have already been subject to specific rules.

Check if a housing is in a tight zone

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

  FYI : a clause in the lease may provide that the tenant will carry out the work in return for a reduction of the rent..

Lease Review

The owner may review rent 1 per year provided that a clause in the lease so provides.

However, the landlord loses the opportunity to revise the rent if he does not apply to the tenant within one year of the review date..

Rules

The rent and charges shall be payable throughout the term of the lease.

Accordingly:

Exception

In the event of a ban on living in the premises, the rent shall cease to be due from 1to day of the month following the sending of the health order.

In case of advance notice (leave)

In case of notice (leave), the payment period can be adjusted:

Departure decided by the tenant

The tenant remains bound to pay the rent and expenses throughout the notice period. Unless, with the agreement of the owner, the dwelling is occupied by another tenant before the end of the notice.

Notice from owner

The tenant is only liable for the rent and charges for the time he actually occupied the premises during the notice period.

The tenant must pay the rent and the charges on the date agreed in the lease. The lease must contain this information.

You must pay your rent on the date specified on your lease. In general, the rent is payable on a monthly basis, either at the beginning or at the end of the month.

Rent is usually taken automatically from your bank account or paid by interbank payment instrument (TIP). However, you are free to pay your rent by check, for example.

A rent receipt is a document that certifies that the tenant has paid the rent and the charges in full.

The owner (or real estate agency) is obliged to give free a rent receipt to the tenant, if he so requests.

  FYI : the rent receipt may be sent by e-mail, provided the tenant has given his consent.

To ask the landlord to give you a rent receipt:

Request a rent receipt from the landlord

National Institute of Consumer Affairs (INC)

The receipt must show the details of the amounts paid by the tenant, distinguishing the rent and the charges..

  FYI : in case of partial payment of the rent, the landlord or the real estate agency must give the tenant a receipt.

Lease signed since 27 March 2014

No charge may be applied by the lessor in the event of late payment in the case of empty or furnished accommodation.

A clause authorizing the lessor to levy fines or penalties in the event of a breach of the lease agreement or the regulation of the immovable is abusive (it is ignored, as if it did not exist). It can be denounced before the judge of the litigation of the protection of the court on which depends the housing.

  Please note : if the tenant repeatedly pays his rent late, the landlord is entitled not to renew the lease for legitimate and serious reasons..

Lease signed before March 27, 2014

Lease renewed or tacitly renewed since March 27, 2014

No charge may be applied by the lessor in the event of late payment in the case of empty or furnished accommodation.

A clause authorizing the lessor to levy fines or penalties in the event of a breach of the lease agreement or the regulation of the immovable is abusive (it is ignored, as if it did not exist). It can be denounced before the judge of the litigation of the protection of the court on which depends the housing.

  Please note : if the tenant repeatedly pays his rent late, the landlord is entitled not to renew the lease for legitimate and serious reasons..

Lease not renewed or not tacitly renewed since 27 March 2014

Empty rental

A penalty may be applied by the owner in the event of late payment only if it is provided for in the lease by a penal clause..

No increase other than that provided for by a criminal clause may be imposed on the tenant by his landlord as a fine.

  Please note : if the tenant repeatedly pays his rent late, the landlord is entitled not to renew the lease for legitimate and serious reasons..

Furnished rental

A penalty may be applied by the owner in the event of late payment if:

  • a clause in the lease provides for this,
  • and if that clause provides for an equivalent penalty in the event of failure to fulfill the lessor's obligations.

  Please note : if the tenant repeatedly pays his rent late, the landlord is entitled not to renew the lease for legitimate and serious reasons..

  Reminder : if the tenant repeatedly pays his rent late, the landlord is entitled not to renew the lease for legitimate and serious reasons..

If the tenant has difficulties to pay the rent (but not unpaid), he must try to find a friendly solution with the owner..

In case of persistent difficulties, social assistance may be granted to the tenant. Furthermore, housing assistance can be maintained to alleviate a rent debt and thus avoid eviction.

If these difficulties are in addition to another outstanding debt (for example: unpaid credit or invoice), it is possible to deposit debt overhang..

  Reminder : not paying rent and expenses is a reason to termination of lease and eviction.. Paying in part can have the same consequences, unless the tenant is not involved. Example: the Caf (or MSA) no longer pays housing assistance because housing is not adequate.

In case of partial payment of the rent, the landlord must give a receipt to the tenant.

The landlord can claim for 3 years any unpaid charges or rents, including after the tenant's departure.

For example: a rent debt dating from july 2018 may be charged until july 2021.

  Please note : this period also applies to a tenant who has paid too many expenses and wants to be reimbursed for the overpayment.

Regularization is possible for any reason: forgetting or ignorance or neglect.

However, the judge may refuse a late adjustment of charges if he considers it to be unfair, brutal and consequential on the fault of the owner in the performance of the contract. For example: when the tenant has requested the adjustment of the charges and the lessor has not replied.

  FYI : if the landlord has not revised the rent, whereas the lease provides for it, he has 1 year to react..