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Rent revision under lease (private sector housing)
Verified 01 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The landlord (or real estate agency) of a rental unit rented with a residential lease can increase the rent during the lease in 2 cases. On the one hand, where the lease contains a clause indicating that it may review the rent once a year (annual review). If the lease does not contain such a clause, the rent must remain the same throughout the lease. On the other hand, when the owner makes improvement work at its own expense in the accommodation (exceptional increase).
What applies to you ?
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Annual Review
The owner (or real estate agency) of a rental unit with a rental agreement may revise the rent once a year, if a clause in the lease so provides.
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.
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 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:
The annual rent review may be conducted within one year of the date of the rent review.
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 rent review date is March 13, 2024, the landlord can review the rent until March 12, 2025.
If the rent review date is March 13, 2024, but the landlord only applies on June 13, 2024, 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.
The process consists of 3 steps:
1. Formal notice
It is advisable to send the owner (or the real estate agency) a registered letter with acknowledgement of receipt.
You can use this document template:
Dispute the amount of a rent revision during the lease
2. Conciliation
In case of refusal (or lack of response) by the owner (or real estate agency), 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.
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To enter the CDC
The CDC must be seized by registered letter with acknowledgement of receipt.
This letter should be addressed to the CDC of the department where the dwelling is located.
To appeal to a court conciliator
Who shall I contact
3. Refer the case to the judge
In the event of a dispute over a annual rent review, the tenant or landlord (or real estate agency) has 1 year to refer the case to the protection litigation judge from the date of the rent revision.
Exceptional increase
Exceptionally, the rent may be increased during the lease in case of improvement work paid at the owner's expense.
The landlord and his tenant then agree together on the rent increase resulting from this work:
- Either by a clause present in the lease
- Either by agreeable embedded in the lease under lease
The rent surcharge is applicable after the completion of the work.
But these rules shall not apply :
- In the metropolis, when the lease is signed, renewed or tacitly renewed since august 24, 2022 and the dwelling is classified F or G after the work (class indicated on the DPE: titleContent).
- In Guadeloupe, Guyana, Martinique, Reunion and Mayotte, when the lease is signed, renewed or tacitly renewed since 1er July 2024 and that the dwelling is classified F or G after the work (class indicated on the DPE: titleContent).
Warning
Specific rules apply for the rent of a dwelling governed by the law of 1948 or contracted Anah.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you belong to the ministry in charge of housing and city planning.
- Departmental Agency for Housing Information (Adil)
Annual review and exceptional increase
Non-retroactive increase
Exceptional increase
Document template
Simulator
FAQ
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National Agency for Housing Information (Anil)
Ministry of the Environment
National Institute of Statistics and Economic Studies (INSEE)