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WHAT IS THE RENT CONTROL TO BE RESPECTED IN TENSE AREAS?

WHAT IS THE RENT CONTROL TO BE RESPECTED IN TENSE AREAS?


Rent management places a limit on the rent fixed by the owner of a rented unit with a residential lease (including a mobility lease). It applies in municipalities located in a tense zone: municipalities where the number of dwellings offered for rent is much lower than the number of people who want to become tenants of a dwelling, to make it their main residence.” [www.service-public.fr]
In the municipalities concerned by this regulation, the rent control is practiced with reference rents reduced and increased according to the nature of the rental (empty or furnished), the number of rooms, the period of construction of the accommodation and its address.

This provision aims to regulate, under legitimate conditions, access to housing for tenants in tense real estate markets.

There are two types of rent management:

- In the case of a first rental of the dwelling:
The landlord freely fixes the amount of the rent. He can revise it once a year provided that it is provided in the lease.

Watch out! In Metropolitan France, when the lease is signed on or after August 24, 2022 and it concerns a housing classified F or G (classification indicated on the energy performance diagnosis), it is forbidden to revise the rent.
For Guadeloupe, Martinique, Guyana, Réunion and Mayotte, when the lease is signed after 1 July 2024 and concerns a housing classified F or G, it is forbidden to revise the rent.

- In the case of a lease renewal:
If the rent is undervalued in relation to the market price, the landlord can increase the amount of the rent when the lease is renewed under certain conditions and in compliance with certain rules [see https://www.service-public.fr/particuliers/vosdroits/F1312].

- In the case of a new lease after less than 18 months of vacancy:
The amount of rent applied to the last tenant must appear in the lease and the landlord may increase this rent in some cases only according to the date of signing of the lease and several criteria (unrevised rent in the last 12 months, work completed since, former rent undervalued.
Depending on each case, a rule. To see if you are listed at: https://www.service-public.fr/particuliers/vosdroits/F1314

- In the case of a new lease after 18 months of vacancy:
If the lease has been signed since 24/08/2022, the owner freely fixes the amount of the rent of a dwelling classified A, B, C, D or E. But the rent of a dwelling classified F or G must not be higher than the last rent applied to the previous tenant.
If the lease is signed before 24/08/2022, the landlord freely fixes the amount of the rent.

Note that some units are not affected by the rent regulation, as they are subject to other rules:
- dwellings subject to the law of 1948 or agreed by the Anah (excluding intermediate rent agreements);
- social housing;
- furnished tourist accommodation;
- subleases.

If certain characteristics of the accommodation (location, particular comfort, etc.) in comparison with dwellings of the same category in the same geographical area distinguish the rented property and that the basic rent (excluding charges) is equal to the reference rent plus a rent supplement can be applied.
The rental lease must then specify the amount of the rent supplement and its reasons.

As of August 18, 2022, if your leased property includes one of the following characteristics, the rent supplement is prohibited for all new leases signed:
- Sanitary facilities on the landing;
- Signs of moisture on some walls;
- If the DPE displays a class F or G;
- If the windows allow abnormal air flow, outside the ventilation grid;
- If the opposite is less than 10 metres;
- If infiltrations, floods come from outside;
- If there have been water evacuation problems in the last 3 months;
- If the electrical installation is degraded;
- If the main room is improperly exposed.

Here you know all about the management of rents and rent supplements.
And if you have any other questions, don’t hesitate to contact us at 04 92 00 82 82 or visit one of our 10 branches!
See you soon for more immo advice!
Sources: https://www.century21.fr/edito/article/zone-soumise-a-encadrement-des-loyers-et-complement-de-loyer/
https://www.service-public.fr/particuliers/vosdroits/F1314Whatis the framework of the rents to respect in tense zone?
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