Payment of rent for private sector housing
Verified 01 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The tenant must pay the rent on the date specified in the residential lease. In return, he can obtain a rent receipt. In case of difficulties in paying the rent, the tenant must try to find an agreement with the landlord (or the real estate agency) to avoid having a late payment or a rental debt. The rent may be revised each year if the lease so provides (annual review clause). We'll explain.
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:
Rules
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General case
Rent and charges are payable throughout the lease.
As a result:
- Even if the landlord (or the real estate agency) does not do the work that is incumbent on him, the tenant must continue to pay the rent and the charges, and engage the steps at its disposal. Only the judge can decide temporarily block rent payment (excluding charges) to the owner (or real estate agency), pending resolution of the dispute. 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 (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:
- 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 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:
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:
The tenant is dependent on the MSA (agricultural scheme)
The tenant must contact the MSA (Agricultural Scheme):
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:
The tenant is dependent on the MSA (agricultural scheme)
The tenant must contact the MSA:
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 Paris
Who shall I contact
In another commune
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.
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
In the event of late payment (Article 4(i))
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