The tenant is then within his rights to demand that the rent not be revised.
Learning overnight that your rent will increase the following year is what all tenants fear. Especially those who have little means or who already have a fairly high base rent. In general, when the occupant of the accommodation receives the famous letter or email from his landlord telling him the news, he thinks that he can do nothing, except accept the increase in the rent or return the lease. And yet, there is a possible remedy for the tenant which can turn everything upside down.
Indeed, according to article 17-1 of the law of July 6, 1989, the owner is required to include in the rental lease a rent review clause once a year. “When the contract provides for the revision of the rent, this takes place each year on the date agreed between the parties or, failing that, at the end of each year of the contract”indicates the law. If this is not there, the rent cannot be revised. The tenant is therefore within his rights if he wants to contest the rent increase.
Furthermore, there is a notification deadline to respect. If the clause is clearly noted in the rental contract, but the owner has not notified his tenant in time, this means that he is waiving it. “Failing to demonstrate its willingness to apply the rent review within one year following its effective date, the lessor is deemed to have waived the benefit of this clause for the past year”specifies the text of the law.
In addition, the tenant must pay attention to one detail if his rent is increased. The increase must be calculated on the INSEE rent reference index (IRL). It cannot therefore exceed this index. It is also important to keep in mind that since 2021, the rent review cannot be applied for energy-intensive housing in class F and class G., according to article L. 173-1-1 of the Construction and Housing Code.