As a tenant, does my landlord have the right to increase my rent during the lease? In France, rents are regulated and increases or indexations are governed by legal rules and conditions. So what are the conditions for rent increases? What can you do if the rent regulation is not respected? How can I contest a rent increase? Garantme takes a look at how landlords can increase rent, and how to deal with it.
The amount of rent you pay for your property is not fixed: in certain cases, governed by the law, it can change during the course of the lease, usually upwards. Here are some explanations.
What are the rules governing rent indexation? If a clause in your lease so provides, your landlord is entitled to increase the amount of rent you pay each month for your property. This is known as the annual revision, which indexes the rent to inflation.
However, these rent increases are capped by the IRL, the rent reference index published quarterly by INSEE. This provides a basis for calculating annual indexation, which in turn is based on the increase in consumer prices in the country.
If your landlord has undertaken significant improvements to your property, he or she is entitled to request an upward revision of the rent. However, this depends on the nature and extent of the work.
Your landlord must provide precise details of the work carried out, and prove its clear impact on the quality and comfort of the tenant's life in the property, to the point of increasing the rental value of the property.
The type of work that can be carried out is vast: adding an elevator, installing a new heating or air-conditioning system, adding a room, and so on. Please note, however, that routine maintenance work or work to bring the property into line with current standards cannot result in an increase in rent.
Your landlord can also increase the rent if he/she realizes that it is undervalued, i.e. if the current rent is significantly lower than the local market price. However, this increase can only be made when the lease is renewed. He will have to inform you six months before this deadline, justifying the increase and providing proof of higher rents charged in the same district for similar properties.
The zone in which your rental property is located, and its energy performance diagnosis, now have an influence on rent levels. Here's a reminder of the conditions.
Certain cities or zones in France (such as Paris, Lille, Bordeaux, Marseille, Lyon or Grenoble) are subject to rent ceilings. A reference rent is set by prefectoral decree, depending on the location, size and year of construction of the property. If your rent exceeds this legal threshold, and the rent regulation is not respected, you have the right to request regularization or reimbursement via legal recourse.
Good to know : Certain types of housing are not affected by rent controls, such as social housing (HLM), Anah-approved housing, furnished tourist accommodation and all housing governed by the 1948 law.
To rent out their property, landlords are now required to provide an ECD less than 10 years old when signing the lease or rental contract. Carried out by certified diagnosticians, this document assesses the energy and climate performance of a dwelling or building, its energy consumption and its impact in terms of greenhouse gas emissions. Homes are rated from A, for an extremely efficient home, to G, for a thermal sieve.
Since January 1ᵉʳ, in the private housing stock, certain G-rated homes can no longer be submitted for rental (although a revision project is underway under certain conditions), and F- or E-rated homes will follow in 2028 and 2034. Also, since 2022, rent increases for energy-guzzling G- or F-rated properties have been prohibited. So if your landlord asks for a rent increase, be sure to check your DPE.
Wrong DPE, unjustified work, non-compliance with rent limits... There are many cases of abusive rent increases. Do you feel that your landlord is not respecting the conditions for increasing your rent, but you don't know how to dispute the increase? Here are the steps to follow.
Lease, clause, DPE, Indice IRL... Check the legitimacy of the rent increase claimed by your landlord, before drafting a letter of contestation explaining the grounds for your dispute. Always base your letter on legal arguments, and send it by registered post with acknowledgement of receipt.
Is your written objection unsuccessful? Does your landlord reject your request and insist on increasing your rent? If so, you can refer the matter to the Commission départementale de conciliation. Made up of housing professionals, it ensures the amicable resolution of rental disputes. You can also enlist the help of your insurance company, a legal professional or a specialist lawyer. As a last resort, if all the previous stages of mediation fail, there remains the option of taking the matter to court.
In short, the amount you have to pay each month for the rent on your property is likely to change each year, after revision or following work, at your landlord's discretion. However, there are conditions under which rent can be regulated, even if not all landlords are honest about it. So, when the legal framework is not respected, or when an amicable agreement is impossible, turn to legal recourse to assert your rights as a tenant.