Non-compliance with the rent control: what to do?

Your landlord does not respect the rent control? What concrete actions can you put in place? What penalties does your landlord face? Studapart gives you all the information to know what to do in the event of non-compliance with the rent control on your accommodation.


What is rent control? Definition


The principle of rent control is as follows: in certain municipalities located in tight areas, landlords are obliged to respect a ceiling to set the amount of their rent (Elan law).


Your rental contract must mention two amounts: that of the reference rent, and that of the increased reference rent. Your rent can never exceed the amount of the increased reference rent.


Practical: to find out if your municipality is located in a tight zone, you can use the Public Service simulator.


The municipalities and groups of municipalities concerned are as follows:

  • Paris ;
  • Lille, Hellemes and Lomme;
  • Common plain: Aubervilliers, La Courneuve, Épinay-sur-Seine, L'Île-Saint-Denis, Pierrefitte-sur-Seine, Saint-Denis, Saint-Ouen-sur-Seine, Stains, Villetaneuse;
  • Lyon and Villeurbanne;
  • East Together: Bagnolet, Bobigny, Bondy, Le Pré Saint-Gervais, Les Lilas, Montreuil, Noisy-le-Sec, Pantin, Romainville.


During 2022, the cities of Bordeaux and Montpellier will also apply rent controls to unfurnished and furnished rentals.


Good to know: the rent control applies exclusively to main residences. HLM housing, approved by APL or Anah, as well as seasonal rentals are excluded from the system.


What to do if your landlord does not respect the rent control?


In the event of a dispute over the amount of your rent, your main contact will be the Departmental Conciliation Commission (CDC).


For a new rental


Your rental contract does not specify the amount of the reference rent and the increased reference rent?


You can give notice to the landlord to add this information to the lease. Please note, you have a period of 1 month from your entry into the premises to do so.


If within 1 month, the owner has not given a sign of life or has refused your request, you can seize the magistrate for:

  • that the amounts of the reference rents be added to the lease;
  • that, if necessary, the amount of your rent be reduced.


Note: the rent you pay is higher than the amount of the increased rent? In this case, you have a period of 3 years from the signing of the lease to request a reduction in the rent, as well as a refund of the overpayment, from the CDC.


In the case of a lease renewal


Your lease is coming to an end?


You can propose a rent reduction to your landlord if the amount fixed in the lease (excluding the additional rent) is higher than the increased reference rent in force. You must submit your request at least 5 months before the end of the lease.

If you have not heard from your landlord 4 months before the end of the lease, or in the event of a refusal, you can contact the CDC.


Good to know: the landlord can also take advantage of the end of the lease to offer a new amount of rent. In this case, he must inform you at least 6 months before the end of the lease. The amount of the new rent must of course comply with the framework in force in your municipality.


Find out all about rent and how to pay it in our complete guide!


Your landlord asks you for additional rent


You can contest the amount requested by the landlord within 3 months of signing the lease. The lessor will then have to prove that the additional rent is justified: exceptional comfort or location characteristics, for example.


Note: before any legal action, you must first seize the departmental commission of conciliation (CDC). If the conciliation fails, you will have a period of 3 months to seize the magistrate.


What are the risks incurred in the event of an overrun?


Your landlord does not respect the rent control? He risks a formal notice from the prefect, who will force him:

  • bring the lease into conformity and reduce the amount of the rent;
  • to reimburse you for overpayments of rent.


If within 2 months, the owner has not reacted, he is liable to a fine of up to €5,000 for a physical lessor and €15,000 for a moral lessor.

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