Rent payment by the tenant
Verified 25 July 2023 - Legal and Administrative Information Directorate (Prime Minister)
The rent is payable on the date indicated on the lease. In case of difficulties in paying the rent, it is recommended to notify the landlord (also called lessor). The situation differs depending on whether it is private sector housing or social housing.
Private sector
Attachment
The rent of an empty or furnished rented accommodation used as a principal residence by the tenant is in principle freely fixed by the owner.
However, municipalities in stretched areas are subject to rent control. In these municipalities, the rent is capped when the dwelling is rented out (in the case of a new tenant) and when the lease is renewed (in the case of the same tenant).
To find out if the accommodation is in a tense area:
Verify that a dwelling is in a stretched area
Attention, specific rules apply to Paris, Lille (Hellemmes, Lomme), Lyon and Villeurbanne, Montpellier, Bordeaux and the municipalities making up Common plain and Is Together.
FYI
a clause in the lease may provide that the tenant will carry out the work in return for a rent reduction.
Annual review under lease
The owner can to revise the rent once a year if a lease provides for it.
However, the landlord loses the opportunity to review the rent if he does not ask the tenant within one year of the review date.
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.
Rules
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General case
Rent and charges are payable throughout the lease.
As a result:
- Even if the landlord does not perform the work for which he is responsible, the tenant must continue to pay the rent and expenses, and incur the costs steps at its disposal
Only the judge can decide temporarily block rent payment (excluding charges) to the owner, pending resolution of the conflict. The tenant must continue to provide payment rent, even during that period. - The security deposit paid by the tenant at the beginning of the rental does not allow him to not pay the last month's rent
- When the tenant repeatedly pays his rent late, the landlord is entitled not to renew the lease on legitimate and serious grounds
- Non-payment or partial payment of rent and expenses may result in termination of the lease by the landlord and eviction of the tenant, unless the tenant is not involved (e.g. non-payment of housing subsidies in the event of indecent housing).
Substandard housing
In the event of a ban on living in the premises, the rent shall cease to be payable as from 1er day of the month following the dispatch of the health order.
In case of notice (leave)
In case of notice (leave), the payment period may be adjusted:
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Departure decided by the tenant
The tenant is obliged to pay the rent and expenses during the entire period of notice. Unless, with the agreement of the owner, the dwelling is occupied by another tenant before the end of the notice period.
Notice given by the owner
The tenant is only obliged to pay the rent and charges for the time he actually occupied the premises during the notice period.
The tenant must pay the rent and charges on the date specified in the lease.
Generally, the rent is payable every month, either at the beginning or at the end of the month.
The landlord may propose to the tenant that the rent be paid by one of the following means:
- Direct debit from tenant's bank account
- Interbank Payment Document (TIP)
- check
- Cash, provided that the amount to be paid is less than €1,000
The tenant is free to refuse the landlord's proposal.
FYI
the landlord has no right to charge rent from the tenant's salary, even with his agreement.
A rent receipt is a document that certifies that you have paid the rent and expenses in full.
When you request it, the owner (or their representative, such as a real estate agency) must give it to you for free a rent receipt.
FYI
the landlord (or his representative) can send you the rent receipt by e-mail provided you have given your consent.
A sample letter to ask the landlord to give you a rent receipt is available:
Apply for a rent receipt from the landlord (landlord)
The receipt must show the details of the amounts you paid, distinguishing between the rent and the charges.
A rent receipt template is available:
FYI
when you pay only a portion of the rent, the landlord (or their representative) must give you a receipt.
No fees can be charged by the owner in case of late payment.
It doesn't matter whether it's an empty or furnished apartment.
A clause allowing the owner to levy fines or penalties for breaches of the lease or the building's rules is unfair (it is ignored, as if it did not exist). It can be brought before the protection litigation judge of the court on which the dwelling depends.
Who shall I contact
FYI
if the tenant repeatedly pays his rent late, the landlord is entitled not to renew the lease on legitimate and serious grounds.
If the tenant has difficulty paying the rent (but without unpaid rent), he must try to find a friendly solution with the owner.
In case of persistent difficulties, social assistance may be granted to the tenant. In addition, housing support can be maintained to alleviate a rent debt and thus avoid eviction.
If these difficulties are added to another outstanding debt (for example: unpaid credit or invoice), the tenant can deposit a over-indebtedness record.
Reminder
not paying rent and expenses is a reason to termination of the lease by the landlord and eviction of the tenant. Paying in part can have the same consequences, unless the tenant is not involved (example: non-payment of housing subsidies in case of indecent housing).
The landlord can claim for 3 years any outstanding charges or rent owed to him.
This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.
For example, a rent (or expense) debt from July 2021 can be claimed until July 2024.
FYI
if the landlord has not reviewed the rent on the date specified in the lease, he can do so within one year only.
Social housing
The amount of rent for social housing is determined according to a calculation rule that is imposed on the lessor. That amount is then reviewed annually :
- In 2023, rent increases by 3.50%.
- In 2024, the rent increases in the metropolis of 3.50%, in Corsica 2%, and overseas 2.50%.
The tenant can get a monthly reduction in the amount of his rent. This is the solidarity rent reduction (SRR).
A solidarity rent supplement (SLS) says overrent can be claimed from the tenant when these revenues exceed a maximum amount.
If the tenant's income is even higherHowever, the tenant may lose the right to remain in the social housing.
Rent and charges are payable throughout the lease.
As a result:
- The payment of a security deposit is not used to pay the last month's rent.
- If you pay the rent and charges late, partially, or do not pay them, the landlord is entitled to terminate the lease.
You have to pay your rent and charges on the date specified on your lease.
Generally, rent is payable at the month, either at the beginning or at the end of the month.
If the rent is payable at another frequency (e.g. quarterly), the tenant may still require a monthly payment.
You can pay your rent by any means (check, bank transfer or cash) up to a maximum amount).
The landlord has no right to impose direct debit as a means of paying rent.
The landlord has no right to charge or cause to be charged rent directly from your salary, even with your agreement.
In case of full payment of rent (including charges), you can ask your landlord to send you a free rent receipt.
To do this, you can use this letter template:
The receipt must include the following information:
- Details of the amounts you paid, distinguishing between rent and charges
- Solidarity rent reduction, if you have
In case of partial rent payment, the landlord must give you a receipt.
If you have difficulty paying the rent (but without unpaid rent), you should try to finding an amicable solution with the lessor.
In case of persistent difficulties, social assistance perhaps you can be granted.
If these difficulties are in addition to another outstanding debt (for example: unpaid credit or invoice), you can deposit a over-indebtedness record.
Reminder : not paying or paying part of the rent and charges may be a cause of loss of the right to remain in the premises.
Reminder
not paying or paying part of the rent and expenses can be a cause of loss of the right to remain in the premises.
The landlord can claim for 3 years any outstanding charges or rent, including after the departure of the tenant.
This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.
For example, a rent (or expense) debt from July 2021 may be required until July 2024.
Who can help me?
Find who can answer your questions in your region
Payment: Article 7a
Arrears of rents and charges
Payment of rent and expenses during the period of notice
List of municipalities in a stretched area
In the event of late payment (Article 4(i))
Rent of social housing
Social housing rent (SEM)
Social housing: rent review
Document template
Document template
FAQ
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