What is the limitation period for a rent or rental expense debt?

Verified 01 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The owner of a dwelling rented with a dwelling lease can recover the outstanding charges and rents for 3 years, including after the departure of the tenant. Likewise, the tenant who paid too many charges is 3 years old to recover the overpayment. If the landlord has not done the annual rent review, he has 1 year to react. We'll explain.

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Rent and/or expense liabilities

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  

This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.

Rent review

The owner (or real estate agency) can apply the annual rent review within one year of the date of the lease revision.

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 review date is March 13, 2024, the landlord can review the rent until March 12, 2025.

However, if the landlord does not request it until June 13, 2024, only rents collected from that date can be reviewed.

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.

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