Rent re-evaluation at renewal in France
When can rent be re-evaluated?
Rent can be re-evaluated if a revision clause is provided in the lease or at renewal when the law allows. The law governs the reasons and methods to protect tenants and sets limits on form and calculation.[1]
The revision clause and indexation (IRL)
The revision clause tied to the Rent Reference Index (IRL) allows adjusting the rent according to the official variation. If the clause exists, the calculation must use the published IRL and the terms provided in the lease.[2]
- Presence of an explicit rent revision clause in the lease contract
- Calculation compliant with the IRL or the formula described in the clause
- Respect for the deadlines and timing provided to apply the increase
Procedure to contest a re-evaluation
If you consider that the increase is not justified, start by discussing with the landlord and request the calculation evidence. If disagreement persists, the departmental conciliation commission can be seized before taking action to the judicial court. Keep all written exchanges and evidence (IRL records, letters, inventories) to support your claim.
FAQ
- Can the landlord increase the rent at renewal without a clause?
- No, except in specific cases provided by law; generally a clause or a legal reason is necessary.
- How is the revision linked to the IRL calculated?
- According to the clause formula, generally by applying the IRL variation over the specified period.
- What remedies do I have if the increase is abusive?
- Request conciliation, seize the judicial court; keep all documents and notifications.
How to
- Check the lease and the revision clause to know the formula and periodicity
- Calculate the new rent by applying the IRL or the formula in the contract
- Request the supporting documents from the landlord in writing specifying your dispute if necessary
- Refer the matter to the departmental conciliation commission then, if needed, to the judicial court
Key takeaways
- A valid revision clause is generally required to increase the rent.
- Respect the deadlines and notifications required by the lease and law.
- Keep all documents and evidence for conciliation or court.
