Quarterly IRL and Rent: Who Pays the Calculation in France
As a tenant in France, it is natural to wonder who bears the cost of calculating the rent reference index (IRL) for the quarterly rent revision. The IRL, published by INSEE, is used as the basis for any revision clause written in the lease. The landlord or their agent usually performs the calculation on the contractually scheduled date and applies it to the rent if the clause allows. The tenant retains the right to verify the amount and to request supporting documents in case of error or contested increase. This practical guide explains responsibilities, checks to perform, and possible actions for tenants in France.
Who calculates the IRL and who bears the cost?
The actual calculation of the revision based on the IRL is typically carried out by the landlord or a professional mandated by them at the contractually scheduled date. Legally, there is no specific "invoice" to give to the tenant for the calculation: the calculation is used to determine the new rent amount. Administrative costs for this calculation are therefore borne by the landlord, unless there is a very rare and explicit contractual provision to the contrary.[1]
How to verify the calculation applied to the rent?
To check a revision, compare the formula used with the revision clause in your contract and the evolution of the IRL published. Ask the landlord for the calculation details (initial index, current index, prorata method, periodicity). If the clause is poorly drafted or missing, the revision may be contestable.
- Check the revision clause in the lease and the stated periodicity.
- Request the calculation details: initial index, retained index and applied formula.
- Compare the result with the IRL published by INSEE for the relevant period.
What to do if you dispute a revision?
Contact the landlord first to request explanations and, if necessary, a correction. If dialogue fails, you can refer the matter to the departmental conciliation commission when it is competent, and then to the judicial court as a last resort. Keep all written exchanges and proof of payment to support your case.[2]
Useful documents and evidence
- Copy of the lease with the revision clause.
- Records of the indices (IRL) for the periods in question.
- Letters and emails exchanged with the landlord.
FAQ
- Can a tenant be charged for the IRL calculation?
- No, in practice the calculation is carried out by the landlord and is not a separate charge billable to the tenant except in very rare explicit cases.
- What if the revision formula is unclear?
- Request written clarification from the landlord and, if doubts remain, refer the matter to the departmental conciliation commission or the judicial court.
- Where is the IRL published?
- The IRL indices are officially published and can be consulted through official resources; keep the reference used by the landlord for verification.
How to
- Read the revision clause in your lease and note the scheduled periodicity.
- Ask the landlord for the calculation details and the indices used.
- If you do not get a satisfactory response, contact the departmental conciliation commission.
- As a last resort, bring the matter before the judicial court with all your evidence.
Help and Support
- [1] Service-public.fr - Lease template and information
- [2] Service-public.fr - Rent revision and IRL index
- [3] Legifrance - Law n°89-462 of July 6, 1989
