Rent amount in Montpellier

Verified 01 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Is your accommodation located in Montpellier subject to rent control in Paris? The rent of a dwelling rented with a mobility lease or a dwelling lease (empty or furnished) signed or renewed since july 2022 is framed by reduced and increased reference rents. These amounts depend on the category of dwelling (empty or furnished rental, number of rooms, construction period). We'll explain.

FYI  

Not all dwellings are covered by the rent guidelines. The dwellings subject to the 1948 law or contracted by the Anah (excluding intermediate rent agreements), the social housing (HLM), the furnished tourist goods and subleases are subject to other rules.

You can verify that the rent of your accommodation is in compliance with the rent guidelines using this simulator :

Montpellier: Estimate reference rents (lease signed since July 2022)

Warning  

In some cases, a rent supplement may be provided for in the lease. It has the effect of raising the rent on the dwelling beyond the reference rent plus.

The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.

Base rent

The lease must indicate the following amounts:

  • The base rent (rent amount excluding expenses and excluding rent supplement),
  • the reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...).

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.

You can know the increased reference rents using this simulator :

Montpellier: Estimate reference rents (lease signed since July 2022)

If the base rent exceeds reference rent plus, the tenant may apply for a rent reduction before the Departmental Conciliation Committee (CDC), within 3 years of the signing of the lease.

Rent supplement

In which cases does a rent supplement apply?

The landlord (or real estate/notary agency) can apply a rent supplement if the following 2 conditions are met:

  • The accommodation has particular characteristics (location, comfort)
  • The base rent (excluding expenses) is equal to reference rent plus.

If a rent supplement applies, the rent is equal to the total of the base rent and the rent supplement.

The amount of the rent supplement and the characteristics of the dwelling that justify it must be indicated in the lease.

Warning  

For a lease signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics following: sanitary facilities on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.

How do I challenge the rent supplement?
Residential lease

To challenge the rent supplement, the tenant must enter the Departmental Conciliation Committee (CDC) in a three months from the date of signature from the lease. It is up to the landlord (or the real estate agency) to prove that the rent supplement is justified.

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.

But if the disagreement persists, the tenant has 3 months from receipt of the notice from the CDC to bring the matter before the protection litigation judge the court on which the dwelling depends. He can ask him to cancel or reduce the rent supplement. The amount of rent fixed by the judge shall apply from the date of entry into force of the lease.

Mobility lease

To challenge the rent supplement, the tenant must enter the conciliator of justice in a three months from the date of signature of the mobility lease. It is up to the landlord (or real estate agency) to prove that the rent supplement is justified.

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

But if the disagreement persists, the tenant has 3 months from receipt of the conciliator's notice to seize the protection litigation judge the court on which the dwelling depends. He can ask him to cancel or reduce the rent supplement. The amount of rent fixed by the judge shall apply from the date of entry into force of the lease.

Warning  

One mobility lease cannot be renewed.

In the lead-up to the lease renewal:

  • When the base rent (excluding charges and excluding rent supplement) is inferior to reduced reference rent, the owner may engage a rent revaluation share,
  • When the base rent is superior to reference rent plus, the tenant may engage a rent-reduction action.

You can know the increased reference rents using this simulator :

Montpellier: Estimate reference rents (lease signed since July 2022)

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Rent revaluation action

What are the conditions?

Three conditions must be met:

1. The new rent (excluding expenses and excluding rent supplement) must be less than or equal to reduced reference rent in effect at the time the landlord informs the tenant.

2. The proposed rent increase must be less than or equal to the highest of the following 2 limits:

  • 50% the difference between the rent which corresponds to the rents charged in the neighborhood for comparable dwellings and the last rent applied to the tenant before the renewal of the lease (possibly revised if not done within the last 12 months)
  • An increase in the annual rent equal to 15% the actual cost of the work done since the last renewal of the lease (improvement work or retrofitting work), where the amount of such work is at least equal to the amount of the last year's rent.

3. Since 24 August 2022, the forbidden to increase the rent of a dwelling classified F or G (classification indicated on the DPE: titleContent) when renewing the lease.

How to inform the tenant?

The landlord must inform the tenant of the new rent, at least 6 months before the end of the lease.

The landlord must send a notification :

  • Either by registered letter with acknowledgement of receipt
  • Either by act of commissioner of justice (formerly act of bailiff)
  • Or by hand delivery against receipt or signature.

The notification shall contain the following:

FYI  

When the owner commits a rent revaluation share, he cannot give his notice (leave) to the tenant for the term of the lease.

How do I challenge?

The tenant can challenge the rent revaluation share.

To do this, it must provide the owner with 6 references of rent of comparable dwellings, located:

  • Either in the same group of buildings
  • Or in any other group of buildings with similar characteristics and situated in the same geographical area.

These rental references are available on the website of rent observatory.

In the event of disagreement or in the absence of a response from the tenant or landlord to the request for rent reassessment, either must seize, 4 months before end of lease, the Departmental Conciliation Committee (CDC).

If the disagreement persists despite the CDC's action, the protection litigation judge may be entered before the end of the lease.

Warning  

If the judge is not seized of the matter before the end of the lease, the lease is renewed under the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord can revise to set the new rent.

How do I apply the new rent?

It is important to distinguish whether the accommodation is rented empty or furnished:

  • For an empty housing, where a new rent is decided by the tenant and the landlord (or the real estate agency), or by the judge, this new rent applies only progressively from the renewal of the lease. If the increase is at most 10%, it is spread out by 1/3 or 1/6 per year, depending on the duration of the new lease. But if the increase is more than 10%, and the new lease is less than 3 years, it shall apply by 1/6 annually during that new lease, and by 1/6 annually on subsequent renewal.

Example :

For a lease is 3 years, the last monthly rent applied is €600 (excluding charges and rent supplement) and the increase to be applied is €50 monthly:

  • This increase is less than 10% rent, because 600 x 10% = €60, then its application will be 1/3 per year
  • The monthly rent will be increased on 1re year of €16.67 per month (because €50 x 1/3 = €16.67), then 2e year of €33.33 per month (because €50 x 2/3 = €33.33), and 3e year of €50 per month.
  • For a furnished apartment, where a new rent is decided by the tenant and the landlord (or the real estate agency), or by the judge, this new rent applies to the renewed contract. But if the increase is more than 10%, it shall apply 1/3 annually to the renewed contract and to subsequent renewals.

Rent reduction action

If the base rent (excluding charges and excluding rent supplement) registered in the east lease above the reference rent plusHowever, the tenant may ask the landlord for the reduction in the base rent.

The following 2 conditions must be met:

  • The tenant makes his request at least 5 months front the term of the lease
  • The reference rent plus the rent taken into consideration shall be that in force on the date of the application.

You can know the increased reference rents using this simulator :

Montpellier: Estimate reference rents (lease signed since July 2022)

The tenant must send his written request to the owner:

  • Either by registered letter with acknowledgement of receipt
  • Either by act of commissioner of justice
  • Or by hand delivery against receipt or signature.

The application shall contain the following elements:

If the landlord refuses, or fails to respond to the tenant, the tenant must seize the Departmental Conciliation Committee (CDC) at the latest 4 months before the lease expires.

If no agreement is reached despite the CDC's action, the tenant can seize the protection litigation judge before the lease expires.

Warning  

If the tenant does not bring the matter before the court within this period, the lease shall be extended to the previous terms of the rent. If the previous rent has not been revised in the previous 12 months, the landlord can revise.

The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.

Base rent

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:

But the new base rent shall not exceed the reference rent plus in force on the date of signature of the lease.

You can know the increased reference rents using this simulator :

Montpellier: Estimate reference rents (lease signed since July 2022)

Warning  

When the lease has been signed since August 24, 2022 and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.

Unrevised rent

The amount of the new rent shall not exceed the amount of the last rent applied to the previous tenant.

However, it may be increased by the annual variation of the IRL published on the date of signature of the new lease, if none revision has not intervened in the last 12 months.

In any case, the new rent shall not exceed reference rent plus in force on the date of signature of the lease.

You can know the increased reference rents using this simulator :

Montpellier: Estimate reference rents (lease signed since July 2022)

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

If it fails, it must enter the Departmental Conciliation Committee (CDC) 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 CDC fails to reach an agreement, the lessee may refer the matter to the protection litigation judge the court on which the dwelling depends.

Warning  

The amount of rent applied to the last tenant must be entered in the lease.

Works

Rules depend on the amount of work:

Amount of work at least equal to 50% of the last year of rent

What are the conditions?

The new rent may be greater the last rent applied to the previous tenant, whether the owner has financed work.

This work may be:

  • Of improvement work (excl. energy-saving works which resulted in an increase in rent for reduction of charges)
  • Or of the setting-up work standards of decency.

This work must:

  • Have been made (in the common or private areas) since the last tenant left
  • And be at least equal to 50% the last year of rent (excluding charges).
What new rent should be set?

If these conditions are met, the annual rent charged to the previous tenant may be increased:

  • Of an amount equal to 15% of the amount of the work TTC: titleContent
  • Within reference rent plus in force on the date of signature of the lease.

You can know the increased reference rents using this simulator :

Montpellier: Estimate reference rents (lease signed since July 2022)

How do I challenge the new rent?

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

If it fails, it must enter the Departmental Conciliation Committee (CDC) 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 CDC fails to reach an agreement, the lessee may refer the matter to the protection litigation judge the court on which the dwelling depends.

Amount of work at least equal to the last year of rent

What are the conditions?

The new rent can be higher than last rent applied to the previous tenant if improvement work have been carried out:

  • For less than 6 months
  • And for an amount at least equal to the last year of rent.
What new rent should be set?

If these conditions are met, the annual rent charged to the previous tenant may be increased, but the new rent may not exceed the reference rent plus in force on the date of signature of the lease.

You can see the increased reference rents using this simulator:

Montpellier: Estimate reference rents (lease signed since July 2022)

How do I challenge the new rent?

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

If it fails, it must enter the Departmental Conciliation Committee (CDC) 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 CDC fails to reach an agreement, the lessee may refer the matter to the protection litigation judge the court on which the dwelling depends.

Undervalued rent

If the rent with the previous tenant was undervalued, the new rent can be increased.

How do I know if the old rent is undervalued?

It is possible to estimate the undervaluation of a rent from rents usually recorded for comparable dwellings located in the same geographical area. These rental references are available on the website of rent observatory.

How do I fix the new rent?

The following 2 rules must be respected:

1re ruler, the increase in rent shall not exceed 50% the difference between the following amounts:

  • Amount of rent determined by reference to rents in the neighborhood for comparable dwellings
  • Last rent applied to previous tenant, if applicable revised on IRL if it has not been done in the last 12 months.

2of ruler, the new rent may not exceed reference rent plus in force on the date of signature of the lease.

You can see the increased reference rents using this simulator:

Montpellier: Estimate reference rents (lease signed since July 2022)

How do I challenge the new rent?

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

If it fails, it must enter the Departmental Conciliation Committee (CDC) 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 CDC fails to reach an agreement, the lessee may refer the matter to the protection litigation judge the court on which the dwelling depends.

Rent supplement

In which cases does a rent supplement apply?

The landlord (or real estate/notary agency) can apply a rent supplement if the following 2 conditions are met:

  • The accommodation has particular characteristics (location, comfort)
  • The base rent (excluding expenses) is equal to reference rent plus.

If a rent supplement applies, the rent is equal to the total of the base rent and the rent supplement.

The amount of the rent supplement and the characteristics of the dwelling that justify it must be indicated in the lease.

Warning  

For a lease signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics following: sanitary facilities on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.

How do I challenge the rent supplement?
Residential lease

To challenge the rent supplement, the tenant must enter the Departmental Conciliation Committee (CDC) in a three months from the date of signature from the lease. It is up to the landlord (or the real estate agency) to prove that the rent supplement is justified.

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.

But if the disagreement persists, the tenant has 3 months from receipt of the notice from the CDC to bring the matter before the protection litigation judge the court on which the dwelling depends. He can ask him to cancel or reduce the rent supplement. The amount of rent fixed by the judge shall apply from the date of entry into force of the lease.

Mobility lease

To challenge the rent supplement, the tenant must enter the conciliator of justice in a three months from the date of signature of the mobility lease. It is up to the landlord (or real estate agency) to prove that the rent supplement is justified.

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

But if the disagreement persists, the tenant has 3 months from receipt of the conciliator's notice to seize the protection litigation judge the court on which the dwelling depends. He can ask him to cancel or reduce the rent supplement. The amount of rent fixed by the judge shall apply from the date of entry into force of the lease.

The rent (excluding expenses) can consist of 2 elements: the base rent and one rent supplement.

Base rent

The lease must indicate the following amounts:

  • The base rent (rent amount excluding expenses and excluding rent supplement)
  • The reference rent and the reference rent plus in force on the date of signature of the lease and which correspond to the category of the dwelling (location, number of rooms...).

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.

Warning  

When the lease has been signed since August 24, 2022 and relates to a Class F or G dwelling (class indicated on the DPE: titleContent), on base rent shall not exceed the rent charged to the previous tenant.

You can know the increased reference rents using this simulator :

Montpellier: Estimate reference rents (lease signed since July 2022)

If the base rent exceeds reference rent plus, the tenant may apply for a rent reduction before the Departmental Conciliation Committee (CDC), within 3 years of the signing of the lease.

Rent supplement

In which cases does a rent supplement apply?

The landlord (or real estate/notary agency) can apply a rent supplement if the following 2 conditions are met:

  • The accommodation has particular characteristics (location, comfort)
  • The base rent (excluding expenses) is equal to reference rent plus.

If a rent supplement applies, the rent is equal to the total of the base rent and the rent supplement.

The amount of the rent supplement and the characteristics of the dwelling that justify it must be indicated in the lease.

Warning  

For a lease signed since August 18, 2022, the rent supplement is prohibited if the dwelling has at least 1 of these characteristics following: sanitary facilities on the landing, signs of humidity on some walls, DPE: titleContent Class F or G, windows that allow air to pass abnormally (without ventilation grate), facing less than 10 m, infiltration or flooding from the outside, water drainage problems in the last 3 months, degraded electrical installation, poor exposure of the main room.

How do I challenge the rent supplement?
Residential lease

To challenge the rent supplement, the tenant must enter the Departmental Conciliation Committee (CDC) in a three months from the date of signature from the lease. It is up to the landlord (or the real estate agency) to prove that the rent supplement is justified.

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.

But if the disagreement persists, the tenant has 3 months from receipt of the notice from the CDC to bring the matter before the protection litigation judge the court on which the dwelling depends. He can ask him to cancel or reduce the rent supplement. The amount of rent fixed by the judge shall apply from the date of entry into force of the lease.

Mobility lease

To challenge the rent supplement, the tenant must enter the conciliator of justice in a three months from the date of signature of the mobility lease. It is up to the landlord (or real estate agency) to prove that the rent supplement is justified.

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

But if the disagreement persists, the tenant has 3 months from receipt of the conciliator's notice to seize the protection litigation judge the court on which the dwelling depends. He can ask him to cancel or reduce the rent supplement. The amount of rent fixed by the judge shall apply from the date of entry into force of the lease.

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