RENT control. July 1, 2020, new limits on rent are to come into force in Paris, up 1.5 %. They apply to leases of leases signed between July 1, 2020 and June 30, 2021.
Summary Paris Lille Law Elan rental extra charge
Limit the evolution of rents in the geographical areas say “strained”. This is the goal set by the framing device of the rents that saw the light of day in the framework of the law Elan. 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. For them, the rents of reference are defined by prefectural decree. A new decree has been issued by the prefecture of Paris. He fixed the rents of reference in the capital for a period of one year. in Any lease entered into after July 1 will have to adhere to its ceilings, under penalty of sanctions. You can expect to see rents increase, because the new ceilings are up to 1.5 % on average.
How does the rent in Paris ?
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. But what is it that is changing ? Their lessor must now set the rent according to a schedule of rents of reference for any new lease entered into or renewed since July 1, 2019.
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). It 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 . 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 : http://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.
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 Direction of departmental Territories and the Sea of the North , here. The site dedicated to rent in Lille , here.
In both cases, you have access to a search engine in which you must enter your address and the characteristics of your home. If we take the example of a one-room apartment located in the heart of Lille, in sector 1, the reference rent is set to 17.3 euros per square metre. The rent premium is 20.8 euros, and the rent reduced to 12.1 euros.
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
