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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.
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.
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.
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.
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.
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.
