RENT PARIS. You enter into a new lease agreement next month in Paris ? Make sure that it complies with the framing device of the rents ! New limits on rents come into force on the 1st July.
Summary Paris Law Elan Complement of rent Lille[updated on June 29, 2020 at 12h41] Your next rent is going to increase ? New ceiling rents will be applied from Wednesday the 1st of July, in the framework of rent control in Paris. are On average, the increase is 1.5% . "It's an increase that may be called moderate, yet that +1,50%, it is more than inflation," says Charlie Pebbles, legal counsel at PAP.fr from France info. "The increase is not entirely uniform, it's even falling for some neighbourhoods". An example of this ? In the district of Belleville, the cap for a housing of four recent pieces decreases by 8%. note, the new limits apply only to leases, that is to say, entered into and to be renewed from the 1st of July, and, up to June 31, 2021 . They do not apply to leases renewed tacitly.
as a reminder, the rent must allow to limit the evolution of rents in the geographical areas say "strained". At the present time, only a few communes in France are testing the device on an experimental basis until 2023. These include the cities of Paris, Lille, Lomme and Hellemmes. Is this effective ? There is the whole question. According to a study Best Agents, recently unveiled by The Figaro, rents have dropped, but only within six months following the entry into force of the scheme last year. "The owners realized that there was no police rents, and others have probably compensated for the shortfall in the containment to increase their rents", explained the scientific director of the Best Agents in everyday life. as a Result, average overrun estimated at € 130 per month .
The rent in Paris, how does it work ?The device has made its return last year. As at Lille, he had already been put in place in the framework of the law Alur in 2015. The administrative court had cancelled in 2017. Their lessor must now set the rent according to a schedule of rents of reference for any new lease entered into or renewed. The rent is fixed by the Observatory of rents in the greater paris area (OLAP) to the 80 districts of the capital. The organization takes into account different criteria (year of construction of the building, type of dwelling, number of rooms, etc).
determines three rents : the reference rent minus (30% below the reference rent), the reference rent and the rent reference plus (20% higher than the reference rent). For its part, the lessor must ensure that it does not exceed the reference rent plus. The rent must not be lower than the reference rent minus . " to the amount of The rent and the rent reference plus need to be mentioned in the rental contract", recalls the CLCV on his site.
You are a tenant and your lease is over ? At any time, it is possible to engage in a negotiation to review the amount of the rent downward. If your landlord refuses, you can terminate your lease contract respecting the period of notice of one month. The lessor must comply with the rent for the next tenant. For reminder, the device of rent regulation does not apply to the tacit renewal of the lease.
is it possible to simulate the framing of the rents in Paris ?
You want to ensure that the amount of your rent in Paris is in the nails ? See now the website of the Regional Directorate and inter-Departmental Accommodation and Housing (DRIHL) to make a simulation of the rent regulation : //www.referenceloyer.drihl.ile-de-france.developpement-durable.gouv.fr/.
In the search engine, enter the number of main rooms of your home, the time of construction of your building and the type of rental . Enter your email address. You then get the three rents of reference, expressed in price per square meter.
Imagine that you are going to sign a lease agreement for a two-bedroom apartment in a building built between 1946 and 1970, furnished, located in the district 34 Chaussée d'antin, in the 9th arrondissement of paris. By performing a simulation of the rent, you get a reference rent minus 21.1 euros per square metre, a rent reference to 30.1 euros per square metre, and a reference rent increased to eur 36.1 per square metre for the period from 1 July 2019 to 30 June 2020. If your apartment has a surface of 35 square meters, the amount of your rent should not exceed the reference rent plus 1 263,5€.
If one performs a simulation for a lease entered into as of July 1, 2020, we then obtain the following figures :
reference rent minus : 21.1€ rent reference : 30.2€ reference rent plus : 36.2€With a surface area of 35 m2, the amount of the rent must not exceed 1 267 euros.
What happens when the supervision of the rent in Paris is not respected ?
You are about to enter into a lease, but you realize that the owner-lessor does not comply with the ceilings set by prefectural order ? In a first step, have you checked that it does not apply a supplement of rent (read below) ? This blurred notion allows us to raise the price of the rent if the dwelling has certain features. As a reminder, this add-in needs to be justified.
If this is not the case, here's how to act according to your situation :
The caps are not mentioned in the lease : you have a month to send a formal notice to the owner, who has a period of one month to respond to you. In the absence of a response, it is recommended to go before the judge of the disputes of which your housing depends on it. Your rent is higher than the reference rent plus : turn to the commission départementale de conciliation or before the judge to get a reduction. A supplement of rent is expected : you have a period of three months following the signing of your lease to refer to the commission départementale de conciliation. The landlord will then have to justify the add-in. What the law says Elan on rent ?The act Elan not only provides the experimental installation of the frame of the rents for five years for the municipalities that want it. E girl also sets the penalties :
Up to 5 000 euros of fine for a natural person Up to 15 000 euros of fine for a legal person .as a reminder, these sanctions are not automatic. They are applied after a passage before a conciliation commission . The landlord will now have to figure the rent reference in the rental agreement. If he fails to do so, the tenant has a time a month to send him a formal notice . In the absence of a response, it has three months from the notice to enter the court and obtain a reduction of his rent. For a lease renewal, the procedure is different. The landlord has six months to propose a new rent before the end of the lease. The tenant has five months to make an offer. In the absence of agreement, the tenant or the landlord may apply to the conciliation commission.
That is what is meant by the complement of rent ?You will notice that your rent exceeds the reference rent plus ? There is an exception that allows the landlord to raise the rent : the additional rent. It can be applied when the housing has characteristics related to the comfort or the location for example . The law is still very fuzzy on what one means by this notion. It is assumed that the legislative text is thus alluded to the possible presence of a balcony, a great view on a monument of Paris, etc
as a reminder, the additional rent can be applied only to the requirement that the base rent (charges excluded) to be at the same level as the reference rent plus . The amount of the rent includes the base rent and this famous complement, which must be justified in the rental contract. You are a tenant and you feel that this add-in is not justified ? It is possible to dispute via the commission for conciliation, within a period of three months after the signing of the lease.
He made his return to Lille, that is it change for you ?Since march 1, 2020, any lease entered into or renewed, including for the tenancies and the leases mobilities, must now comply with the cap on rents, and this, in order to provide "affordable housing for all", argued the mayor, socialist Martine Aubry. "Are not affected by rent control: housing subsidized by the Anah, the accommodation subject to the law of 1948, public housing, and rentals, tourism", says it on the dedicated website.
As Paris, lenders must comply with the schedule of rents of reference issued by order of the prefect. The three rents (minus, reference, and plus) must imperatively be mentioned in the contract , at the risk of exposing themselves to sanctions (see below). You are a landlord or tenant and want to check that your rent is in the nails ? You now have two sites at your disposal to make a simulation :
The site of the departmental Directorate of Territories and the North Sea , here. The site dedicated to rent in Lille , here. Date Of Update: 29 June 2020, 06:57
