What to do in case of a dispute related to the rental of a dwelling?
Verified 15 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)
In the event of a conflict over a rental unit with a residential lease, it is sometimes mandatory to enter into a conciliation procedure with the of a third party (e.g. Justice Conciliator), and then be able to refer the case to the judge. Depending on the type of dispute (on the lease, the rent, the state of the premises...), owner and tenant must respect deadlines to act.
Warning
in case of mobility lease, specific rules apply.
To be considered as furnished dwelling, the dwelling to be rented must contain at least some furniture. The list of essential furniture depends on the date of signature of the lease.
In the event of a dispute, the action to be taken depends on the amount of the dispute:
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Dispute less than or equal to €5,000
Registered mail
If you are unable to speak to your tenant or landlord (or their representative), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Conciliation (required)
If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice.
This is free of charge.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
The judge may decide to re-qualify the lease of a furnished dwelling under lease from empty housing, in the event of failure to comply with the list of essential furniture.
Dispute over €5,000
Registered mail
If you are unable to speak to your tenant or landlord (or their representative), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Reconciliation (optional)
If you don't win with registered mail, it can be helpful to initiate a conciliation with a conciliator of justice.
This is free of charge.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
The judge may decide to re-qualify the lease of a furnished dwelling under lease from empty housing, in the event of failure to comply with the list of essential furniture.
The lease of an empty dwelling must comply with specific rules (content, annexed documents...).
In the event of a dispute, the action to be taken depends on the amount of the dispute:
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Dispute less than or equal to €5,000
Registered mail
If you are unable to speak to your tenant or landlord (or their representative), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Conciliation (required)
If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice
This is free of charge.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
Dispute over €5,000
Registered mail
If you are unable to speak to your tenant or landlord (or their representative), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Reconciliation (optional)
If you don't win with registered mail, it can be helpful to initiate a conciliation with a conciliator of justice
This is optional.
It's always free.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
In the event of a dispute over the amount of rent supplement, it is compulsory to initiate conciliation within three months of the signature of the lease, before any appeal to the court.
Conciliation (required step)
Refer to committee
The tenant must seize the Departmental Conciliation Committee (CDC) before appealing to the judge.
He must seize the DCC: titleContent within 3 months of the signature of the lease.
The procedure is free of charge.
Audience
Before the CDC, it is up to the landlord to prove that the rent supplement is justified and to prove that the dwelling has particular characteristics of comfort or location, compared to dwellings of the same category located in the same geographical area.
Decision
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.
If the disagreement persists, the tenant has 3 months from receipt of the CDC's notice to ask the protection litigation judge to cancel or reduce the rent supplement.
Refer the matter to the judge
If the disagreement persists, the tenant must bring the matter before the court within 3 months after receiving the opinion of the Conciliation Commission. He can refer the case to the protection litigation judge an application for cancelation or reduction of the rent supplement.
The rent (taking into account any additional rent) fixed by the judge applies from the date of entry into force of the lease (retroactive effect).
Warning
until the judge makes his decision, the tenant must continue to pay the rent (base rent and rent supplement) set out in the lease.
In the event of a dispute, the action to be taken depends on the amount of the dispute.
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Dispute less than or equal to €5,000
Registered mail
If you are unable to speak to your tenant or landlord (or their representative), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
For example, if the security deposit is not rendered by the owner in the time limit for doing so, the tenant can write his mail according to this template:
Request a refund of the unreturned security deposit
Conciliation (required)
If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice
This is free of charge.
Refer the matter to the judge
If the conciliation fails, refer the case to the protection litigation judge the court on which the rented accommodation depends. The case must be brought before the court within three years of the date on which the security deposit should have been paid.
Who shall I contact
Dispute over €5,000
Registered mail
If you are unable to speak to your tenant or landlord (or their representative), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
For example, if the security deposit is not rendered by the owner in the time limit for doing so, the tenant can write his mail according to this template:
Request a refund of the unreturned security deposit
Reconciliation (optional)
If you don't win with registered mail, it can be helpful to initiate a conciliation with a conciliator of justice
This is optional.
It's always free.
Refer the matter to the judge
You have to refer the case to the protection litigation judge the court on which the rented accommodation depends.
The case must be brought before the court within three years of the date on which the security deposit should have been paid.
Who shall I contact
In the event of a dispute, the action to be taken depends on the amount of the dispute:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Dispute less than or equal to €5,000
Registered mail
If you are unable to speak to your tenant or landlord (or their representative), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Conciliation (required)
If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice
This is free of charge.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
Dispute over €5,000
Registered mail
If you are unable to speak to your tenant or landlord (or their representative), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Reconciliation (optional)
If you don't win with registered mail, it can be helpful to initiate a conciliation with a conciliator of justice
This is optional.
It's always free.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
If the dwelling is not decent, the tenant must indicate in writing to the landlord the signs of non-compliance of the dwelling with the decency criteria.
If the owner admits indecency
The tenant must have specified by registered letter with acknowledgement of receipt the compliance work that the owner undertakes to carry out, as well as the deadlines for completion.
If the landlord disputes the indecency
The tenant must demand that the landlord complete the compliance work. This formal notice shall be given by registered letter with acknowledgement of receipt.
If after 2 months, the formal notice has remained unanswered or the disagreement persists, the tenant or owner may refer the matter to the court registry.
However, he may choose to enter beforehand:
Who shall I contact
In general, when the dwelling is rented for 1re The landlord sets the rent freely.
However, in some municipalities, the rent may not exceed a maximum amount. These are the following municipalities:
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In Paris
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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
In Lille, Hellemmes and Lomme
Since 1er March 2020, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
In Lyon and Villeurbanne
Since 1er November 2020, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
In Montpellier
Since 1er july 2022, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
In Bordeaux
Since July 15, 2022, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
On the territory of Est Ensemble
Since 1er december 2021, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
On the territory of the Common Plain
Since 1er june 2021, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
The rules to be applied when the dwelling is rented again to a tenant after remaining unoccupied for less than 18 months depend on the municipality where the dwelling is located.
There are several scenarios:
- Either the accommodation is located in Paris, Lille (Hellemmes, Lomme), Montpellier, Bordeaux, Lyon and Villeurbanne, Montpellier, Bordeaux or in the municipalities ofIs Together or Common Plain
- Either the housing is located in another municipality, located in a stretched area
- Either the housing is located in another commune, which is not located in the maintained zone
To find out if your municipality is in a stretched area, you can use this simulator:
Whether a dwelling is located in a tense area (notice from the tenant and rent control)
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In Paris
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 :
- where it has not been revised in the preceding 12 months
- when certain works have been carried out since the departure of the former tenant
- when it is undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
Paris: Estimate reference rents (lease signed since July 2019)
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.
On the territory of Est Ensemble
Since December 2021, the base rent (excluding expenses 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 :
- where it has not been revised in the preceding 12 months
- when certain works have been carried out since the departure of the former tenant
- when it is undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
To find out the reference rent:
Eastern Territory Together: Estimating Reference Rents
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.
In Lille, Hellemmes or Lomme
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 :
- where it has not been revised in the preceding 12 months
- when certain works have been carried out since the departure of the former tenant
- when it is undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
To find out the reference rent:
Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
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.
In Lyon and Villeurbanne
Since November 2021, the base rent (excluding expenses 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 :
- where it has not been revised in the preceding 12 months
- when certain works have been carried out since the departure of the former tenant
- when it is undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
To find out the reference rent:
Lyon and Villeurbanne: test my rent (lease signed since November 2021)
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.
On the territory of the Common Plain
Since 1er June 2021, The base rent (excluding expenses 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 :
- where it has not been revised in the preceding 12 months
- when certain works have been carried out since the departure of the former tenant
- when it is undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
To find out the reference rent plus:
Common Plain Territory: Estimate reference rents (lease signed since June 2021)
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.
In Montpellier
Since 1er july 2022, the base rent (excluding expenses 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 :
- where it has not been revised in the preceding 12 months
- when certain works have been carried out since the departure of the former tenant
- when it is undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
To find out the reference rent plus:
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.
In Bordeaux
As of July 15, 2022, the base rent (excluding expenses 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 :
- where it has not been revised in the preceding 12 months
- when certain works have been carried out since the departure of the former tenant
- when it is undervalued
But the new base rent must not exceed reference rent plus in force on the date of signature of the lease.
To find out the reference rent:
Bordeaux: estimate the rent reference reduced and increased
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.
Elsewhere in a tense area
The rent of a dwelling put back on the market after less than 18 months of vacancy may be increased in certain cases only and under certain conditions.
Outside tense zone
The rent of a dwelling put back on the market after being vacant (more or less than 18 months) can be increased freely.
In general, when the dwelling is rented after being unoccupied for less than 18 months, the landlord freely sets the rent.
However, in some municipalities, the rent may not exceed a maximum amount. These are the following municipalities:
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In Paris
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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
In Lille, Hellemmes and Lomme
Since 1er March 2020, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
In Lyon and Villeurbanne
Since 1er November 2020, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
In Montpellier
Since 1er july 2022, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
In Bordeaux
Since July 15, 2022, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
On the territory of Est Ensemble
Since 1er december 2021, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
On the territory of the Common Plain
Since 1er june 2021, 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.
FYI
you can find the reference rent plus using this simulator.
If the base rent exceeds reference rent plus, the tenant may ask the landlord for a rent reduction (rent-reduction action).
The tenant may address this proposal to the landlord:
- Either by registered letter with acknowledgement of receipt
- Either by act of Commissioner of Justice (formerly act of judicial officer)
- Either be delivered by hand in return for receipt or receipt
The proposal should contain the following elements:
- Entire Article 140 VI of the Law of 23 November 2018
- Rent amount proposed and the reference rent plus used to determine that
If this is not the case, the tenant has 1 month from the effective date of the lease to send to the owner by registered mail with acknowledgement of receipt a formal notice to do it.
The landlord has 1 month to respond from the date of receipt of the tenant's proposal.
In the absence of a response or in case of refusal of the owner within this period, the tenant can seize within 2 months the protection litigation judge the court on which the dwelling is dependent, to obtain a rent reduction, if necessary.
Formal notice
If you are unable to speak to your tenant or landlord (or their representative), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach supporting documents (legislation, regulations, invoices...).
For example, if the landlord made a calculation error, the tenant can challenge the annual rent increase through this type of mail:
Conciliation
If the dispute persists despite the formal notice, 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.
For CDC contact information:
To appeal to a court conciliator
To find a 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.
One rent-reduction action may be hired for accommodation situated in the following municipalities or groupings of municipalities:
- Paris
- Bordeaux
- Is Together
- Lille, Hellemmes and Lomme
- Lyon and Villeurbanne
- Montpellier
- Common plain.
When the base rent (excluding charges and excluding rent supplement) entered in the lease is higher than the reference rent plus, the tenant may ask the landlord to lower the base rent. He must make this request at least 5 months before the term of the lease.
4 months before the end of the lease, in case of lack of response or refusal of the owner, the tenant must seize the Departmental Conciliation Commission (CDC). The CDC intervenes free of charge. If the conciliation fails, the tenant can refer the case to the protection litigation judge before the lease expires.
Warning
if the judge is not seised within this period, the lease is extended to the previous terms of the rent.
Where the landlord considers that the rent for the vacant rented accommodation is manifestly undervaluedHowever, he may offer the tenant a new higher rent.
The tenant can accept or refuse.
In the event of persistent disagreement, the procedure to be followed depends on the location of the dwelling:
- in Paris, Lille (Hellemmes, Lomme), Common plain, Is Together, Lyon and Villeurbanne, Montpellier, Bordeaux
- in a municipality in a stretched area
- in another commune (outside tense zone)
To check if the municipality is in a stretched area:
Whether a dwelling is located in a tense area (notice from the tenant and rent control)
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Paris
The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.
To find out the reference rent:
Paris: Estimate reference rents (lease signed since July 2019)
The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.
It is possible know the rents in the neighborhood.
In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.
If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.
Warning
if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.
Is Together
The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.
To find out the reference rent:
Eastern Territory Together: Estimating Reference Rents
The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.
It is possible know the rents in the neighborhood.
In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.
If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.
Warning
if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.
Lille (Hellemmes and Lomme)
The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.
To find out the reference rent:
Lille, Hellemmes and Lomme: estimating rent reference (lease signed since March 2020)
The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.
It is possible know the accommodation in the neighborhood.
In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.
If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.
Warning
if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.
Lyon and Villeurbanne
The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.
To find out the reference rent:
Lyon and Villeurbanne: test my rent (lease signed since November 2021)
The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.
It is possible know the accommodation in the neighborhood.
In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.
If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.
Warning
if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.
Montpellier
The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.
To find out the reference rent:
Montpellier: Estimate reference rents (lease signed since July 2022)
The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.
It is possible know the accommodation in the neighborhood.
In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.
If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.
Warning
if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.
Bordeaux
The owner can hire a rent revaluation share if the rent is less than reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.
To find out the reference rent:
Bordeaux: estimate the rent reference reduced and increased
The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.
It is possible know the accommodation in the neighborhood.
In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.
If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.
Warning
if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.
Common plain
The owner can hire a rent revaluation share where the rent is lower than the reduced reference rent in force at the date of proposal. The proposal must be made at least 6 months before the term of the lease.
To find out the reference rent:
Common Plain Territory: Estimate reference rents (lease signed since June 2021)
The tenant can challenge the rent revaluation share, by reference to the rents usually recorded in the vicinity for comparable dwellings.
It is possible know the rents in the neighborhood.
In case of disagreement or no answer 4 months before the end of the lease, the tenant or owner must enter the Departmental Conciliation Committee (CDC). The CDC intervenes free of charge.
If the CDC fails, it is possible to enter the protection litigation judge, provided that this is done before the lease expires.
Warning
if the judge is not seized of the matter before the lease expires, the lease is renewed on the previous terms of the rent. However, if the previous rent has not been revised in the previous 12 months, the landlord may increase it by the evolution of the IRL to set the new rent.
Municipality in a stretched area
If the landlord considers that the rent of the empty rented accommodation is manifestly undervaluedHowever, he may offer the tenant a new higher rent. The owner must make this proposal at least 6 months before the term of the lease.
To accept the landlord's proposed increase, the tenant must send him his written agreement no later than 4 months before the term of the lease.
The tenant may refuse the proposed increase. To do this, he must send a letter to the owner, at the latest 4 months before the end of the lease.
Please note
failure to reply by the tenant shall be deemed refusal.
If the tenant refuses or does not reply at the latest 4 months before the term of the lease, the landlord (or tenant) must enter the Departmental Conciliation Committee (CDC) to find an agreement on the price. The CDC intervenes free of charge.
If the CDC fails, it is possible to refer the case to the protection litigation judge of the court on which the dwelling depends, provided that this is done before the end of the lease.
Other municipality
Where the landlord considers that the rent is manifestly undervaluedHowever, he may offer the tenant a new higher rent. The owner must make this proposal at least 6 months before the term of the lease.
To accept the landlord's proposed increase, the tenant must send him his written agreement no later than 4 months before the end of the lease.
The tenant may refuse the proposed increase. To do this, he must send a letter to his landlord, at the latest 4 months before the end of the lease.
Please note
failure to reply by the tenant shall be deemed refusal.
If the tenant refuses or does not reply at the latest 4 months before the term of the lease, the landlord (or tenant) may seize the Departmental Conciliation Committee (CDC) to reach an agreement on the price (free procedure).
If the disagreement persists despite the CDC's intervention, it is possible to refer the case to the protection litigation judge of the court on which the dwelling depends, provided that this is done before the end of the lease.
This covers all disputes between a tenant and his landlord (or his representative, in particular a real estate agency), including those related to:
- to unpaid rent or expenses (time limits are to be respected)
- to the subscription of a home insurance
- to one eviction
If you are unable to speak to your tenant or landlord (or their representative), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Conciliation
If you don't win a case with a letter, it can be helpful to enter the departmental conciliation commission.
The DCC: titleContent shall in particular be responsible for:
- Remedies to be paid to the owner or to the tenant. Be careful, in case of a dispute of more than €5,000, it is mandatory to refer the matter to the Departmental Conciliation Commission (CDC) or to a conciliator of justice, and then be able to refer the matter to the judge.
- Rental Expenses
- Notice (leave) given by the proprietor or the tenant
- Fixing the amount of the new rent in case of exit lease from the law of 48.
Warning
the CDC does not have jurisdiction over disputes relating to the rent of social housing.
Conciliation is always free of charge.
FYI
the tenant must continue to pay rent and expenses. Only the judge can decide temporarily block rent payment (excluding charges) to the owner, pending resolution of the dispute.
Refer the matter to the judge
Generally speaking, any dispute relating to a rental of real estate falls within the jurisdiction of the court responsible for the protection of the court on which the rented accommodation depends.
The judge must be seized within 3 years of the dispute.
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.
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you belong to the ministry in charge of housing and city planning.
- Departmental Agency for Housing Information (Adil)
Territorial jurisdiction of the court: article 44
Time limit for bringing proceedings before the court (general case)
Unoccupied housing for less than 18 months
Tensioned area: paragraph 3
In Paris, Lille (Hellemmes, Lomme), Lyon and Villeurbanne, Montpellier, Est Ensemble, Plaine commune, Bordeaux
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