Rent payment by the tenant

Verified 25 July 2023 - Directorate for Legal and Administrative Information (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

Fixing the initial rent

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 (or the real estate agency).

However, the municipalities located in a stretched area are subject to rent control. In these municipalities, the rent is capped when the dwelling is rented out and when the lease is renewed.

To find out if the accommodation is in a tense area:

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

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 of rent during lease

The owner (or real estate agency) can to revise the rent 1 time per year, if provided for in a lease.

But the landlord (or real estate agency) loses the opportunity to revise the rent if he does not ask the tenant within one year of the review date.

Warning  

  • In the metropolis, when the lease is signed, renewed or tacitly renewed since august 24, 2022, and it concerns a dwelling classified as F or G (classification indicated on the DPE: titleContent), it is forbidden to revise its rent.
  • In Guadeloupe, Guyana, Martinique, Reunion and Mayotte, when the lease is signed, renewed or tacitly renewed since 1er july 2024, and it concerns a dwelling classified as F or G (classification indicated on the DPE: titleContent), it is forbidden to revise its rent.

The date of the IRL to be taken into account is the date indicated in the lease. This may be the annual end date of the lease or another date agreed between the landlord and the tenant.

If the date of the IRL to be considered is not indicated in the lease, the date of the last IRL published by theInsee: titleContent at the time of signing the lease.

Warning  

  • If a rent supplement applies, the amount of rent is equal to the total of the base rent and the rent supplement.
  • For a furnished dwelling, if the charges are payable on a flat-rate basis, this amount can be revised each year according to the same rules as those for rent revision.
  • For a home governed by the law of 1948 or contracted Anah , the rent review rules are specific.

To calculate the revision of the monthly rent amount, the landlord (or real estate agency) needs the following 3 elements:

  • Current monthly rent amount
  • IRL of the reference quarter (provided for in the lease or published by theInsee: titleContent at the time of signing the lease)
  • IRL for the same quarter of the previous year.

The calculation consists of the following operation:

New rent = rent in progress x new lease quarter IRL / IRL for the same quarter of the previous year.

Example :

A lease signed in the metropolis on July 20, 2023, and fixing the monthly rent to €600may be revised on 20 July 2024.

The last index published on the date of signature of the lease is that of 2e quarter 2023 140.59.

The new index published on the revision date is 2e quarter 2024 145.17.

July 20, 2024, date of 1re rent revision, the new rent amount must be calculated as follows: €600 x 145.17 / 140.59 = €619.55.

FYI  

The result of the calculation shall be rounded to the nearest 2nd decimal place.

To do this calculation, you can use the following simulator:

Calculate your rent revision

Rules

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General case

Rent and charges are payable throughout the lease.

As a result:

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 (or the real estate agency), the accommodation is occupied by another tenant before the end of the notice.

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 (or real estate agency) may propose to the tenant that the rent be paid by one of the following means:

The tenant is free to refuse the proposal of the owner (or the real estate agency).

FYI  

The landlord (or real estate agency) is not entitled 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 landlord (or real estate agency) must hand you over for free a rent receipt.

FYI  

The landlord (or the real estate agency) can send you the rent receipt by email on condition that you have given your consent.

A sample letter to ask the landlord (or real estate agency) to give you a rent receipt is available:

Request a rent receipt from the landlord (or real estate agency)

The receipt must show the details of the amounts you paid, distinguishing between the rent and the charges.

A rent receipt template is available:

Rent receipt template

FYI  

When you only pay part of the rent, the landlord (or real estate agency) must give you a receipt.

No fees can be charged by the owner (or real estate agency) in case of late payment.

It doesn't matter whether it's an empty or furnished apartment.

The clause in a lease that allows the landlord (or real estate agency) to levy fines or penalties in the event of a breach of the lease or of the building's by-law is unfair. As a result, this clause should be ignored, as if it did not exist.

Please note

If the tenant repeatedly pays his rent late, the landlord (or real estate agency) is entitled not to renew the lease on legitimate and serious grounds.

Warning  

Not paying rent and expenses is a reason to termination of the lease by the landlord (or real estate agency) 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 tenant can take several steps:

Request a payment delay from the owner

The tenant can try to find a amicable solution with the owner.

For example, the tenant may ask the tenant to give him additional time to pay the rent, or propose to spread the payment in several installments. If an agreement is reached, it is better to write it down and sign it together.

If the tenant has trouble finding a solution with the landlord, he can contact a conciliator of justiceSo he can help her. The conciliator intervenes free of charge.

Apply for social assistance

To the Caf: titleContent (or the MSA: titleContent)

If the tenant is already receiving assistance from the CAF (or the MSA), he can declare a change of situation (job loss, couple separation...).

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The tenant is dependent on the Cfa

The tenant must use this online service:

Family Allowances and Benefits - Situation Statement (Cf)

The tenant is dependent on the MSA (agricultural scheme)

The tenant must contact the MSA (Agricultural Scheme):

Who shall I contact

If the tenant does not receive assistance from the FCA (or MSA), he can apply housing assistance (APL, ALS, ALF).

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The tenant is dependent on the Cfa

The tenant must contact the Cfa:

Who shall I contact

The tenant is dependent on the MSA (agricultural scheme)

The tenant must contact the MSA:

Who shall I contact
From Action Login

If the tenant is employed, or pre-retired, or unemployed, and his last employer is a non-agricultural private company with 10 or more employees, he can apply for support of Housing Action.

This assistance can take the form of an interest-free loan or of a grant. It shall be granted with the establishment of a social support provided by Action Logement. This social support is a free and confidential service.

To apply, they must use this form:

Request for social support by Action Logement

Through a social worker

The tenant can contact a social worker to find out what social assistance benefits they may be entitled to (for example, Solidarity Fund for Housing "FSL" or that of its supplementary pension fund).

He can meet a social worker in his town hall or in a Budget advice point.

The social worker may also offer a social support, that is to say, helping him to solve his difficulties.

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To contact the City Hall

In another commune
Who shall I contact

To contact a Budget Tip

Who shall I contact

File a debt distress report

If the tenant has difficulty paying rent and at least 1 other debt, he can file a debt distress report.

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him.

For example, a rent (or expense) debt from July 2024 can be claimed until July 2027.

FYI  

If the landlord (or real estate agency) has not revised the rent on the date stipulated in the lease, he can only do it within one year.

Social housing

The initial amount of rent for social housing is determined according to a calculation rule imposed on the lessor.

The rent is reviewed every 1er January.

The variation in IRL: titleContent taken into account is that of 2e quarter of the previous year.

FYI  

If the social landlord has done rehabilitation work, he can revise the rent differently, for a limited period of time.

The 1er January of year N, in order to calculate the new rent to be applied, the social lessor needs the following 3 elements:

  • Current monthly rent amount
  • IRL of 2e quarter of year N-1
  • IRL of 2e quarter of year N-2

The calculation consists of the following operation:

New rent = current rent amount x IRL of 2e quarter of year N-1 / IRL of 2e quarter of year N-2

Example :

For a lease signed in mainland France on March 9, 2024, setting the rent at €600, the social landlord may revise the rent for the 1re time on 1er January 2025 (year N).

To do this, it needs the following 3 elements:

  • The current monthly rent, i.e. €600
  • The IRL of the 2e quarter of year N-1, i.e. the IRL of 2e quarter 2024, 145.17
  • The IRL of the 2e quarter of year N-2, i.e. the IRL of 2e quarter 2023, 140.59

The calculation is as follows:

New Rent = €600 x 145.17 / 140.59 =€619.55.

FYI  

The result of the calculation shall be rounded to the nearest 2nd decimal place.

To do this calculation, you can use the following simulator:

Calculate your rent revision

The tenant can get a monthly reduction in the amount of his rent. This is thesolidarity 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:

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:

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 find an amicable solution with the landlord.

In the event of persistent difficulties, you may be able to receive social assistance.

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 expenses can 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 lessor may claim during 3 years any outstanding charges or rents, 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 2024 may be required until July 2027.

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