Rent revision under lease (private sector housing) - Annual Review

Verified 24 août 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Purchasing Power Act: rent review capped

Published on 14 October 2022

Where the lease so provides, the rent of the dwelling may be adjusted each year by the value of the annual development of theIRL: titleContent.

For the revisions that will be made with the IRL published from October 2022 until July 2023, the increase will be capped (3.5% in mainland France, from 2% to 3.5% in Corsica, 2.5% overseas).

That's what it says article 12 of law no. 2022-1158 of 16 august 2022 on purchasing power.

Your situation

  • Annual Review
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The owner of a private-sector dwelling may revise the rent once a year if a clause in the lease so provides.

Warning  

  • In mainland France, when the lease is signed since August 24, 2022 and concerns a housing classified F or G (classification indicated on the DPE: titleContent), it is forbidden to revise its rent.
  • In Guadeloupe, Martinique, Guyane, Reunion and Mayotte, when the lease is signed after the 1er July 2024 and concerns a housing classified F or G (classification indicated on the DPE: titleContent), it is forbidden to revise its rent.

The revision date is the date specified in the lease. If this date is not indicated in the lease, the owner must take into account the date of the signature of the lease.

Warning  

the rules for reviewing the rent of a dwelling governed by the law of 1948 or contracted Anah are specific.

The Rent Benchmark (IRL) is used as the basis for calculating the rent revision. The annual rent increase is capped by the year-over-year evolution of the IRL.

To revise the rent amount, you need to know 3 information:

  • The amount of rent without charge (L)
  • The new benchmark rent index (N), corresponding to the reference quarter provided for in the lease (if the lease does not specify it, it is the quarter of the last IRL known at the time of signature of the lease)
  • The previous one benchmark rent index (P), corresponding to the same quarter, but valid for the previous year

The calculation to be made is as follows: (L x N) / P = new rent

It is possible to use this calculator:

Calculate your rent revision

The annual rent review may be made during the year following the date of the lease revision.

The rent review does not apply retroactively, but only from the date of the application.

When the one-year period has elapsed, the unapplied revision is lost for the owner.

Example :

If the lease revision date is March 13, 2021, the landlord can revise the lease until March 12, 2022.

If the lease revision date is March 13, 2021, but the landlord does not request it until June 13, 2021, only rents collected from that date can be increased.

In the event of a calculation error, the tenant can challenge the increase set by his landlord.

Formal notice

It is advisable to send the owner a registered mail with acknowledgement of receipt.

Dispute the amount of a rent revision during the lease

Conciliation

In case of refusal (or lack of response) on the part of the owner, it is possible to initiate a conciliation with the help of the departmental conciliation commission (CDC) or a conciliator of justice. Where the amount of the dispute is less than or equal to €5,000, such conciliation is compulsory in order to be able to refer the matter to the court.

Who shall I contact

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To enter the CDC

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

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

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

Who shall I contact

To appeal to a court conciliator

Who shall I contact
Refer the matter to the judge

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

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    The informants who answer you belong to the ministry in charge of housing and city planning.

    Cost: free service

    Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.

    The service is available at the following times:

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