Rent supplement in France: conditions, lease, challenge

Where the rent supplement exists

The rent supplement exists only where the level of rent is capped by reference rents. In 2026, this means Paris, Est Ensemble and Plaine Commune in Île-de-France and, outside the Paris region, Bordeaux, part of Grenoble-Alpes Métropole, Lille-Hellemmes-Lomme, Lyon-Villeurbanne, Montpellier and 24 communes of the Basque Country (service-public.gouv.fr, checked on 1 August 2026). Elsewhere in a zone tendue (high-demand housing area), only the increase in rent is controlled: see the guides encadrement des loyers (rent control) and effets de la zone tendue (effects of high-demand zones).

The scheme covers the tenant’s main residence and the bail mobilité (short-term furnished lease); it does not apply to social housing, homes under an Anah agreement, homes under the 1948 law, furnished holiday lets or sublets (service-public.gouv.fr).

A deadline to watch. Capping the level of rents is an experiment planned for eight years from the publication of the law of 23 November 2018 (art. 140); the loi 3DS extended it by 3 years, until 2026 (Ministry for Ecological Transition). Service-public.gouv.fr presents the reference rents for Est Ensemble, Plaine Commune and Lille as valid until 24 November 2026. The official pages consulted on 12 October 2026 mention no extension: check the rule in force before signing a lease after that date.

The two conditions and the mention in the lease

Rent excluding service charges is then made up of two elements: the base rent and the supplement (service-public.gouv.fr). The landlord can only apply a supplement if:

1. the home has particular features of location or comfort;
2. the base rent is equal to the maximum reference rent applicable to its category (location, number of rooms, period of construction, unfurnished or furnished).

The lease must state the reference rent, the maximum reference rent, the base rent, the amount of the supplement and the features of the home that justify it (service-public.gouv.fr; art. 140). These amounts also appear in the advertisement (service-public.gouv.fr). For furnished lettings, article 140 takes into account the equipment and services associated with the home (Légifrance).

Fictitious example. A two-room flat whose maximum reference rent is €1,000 excluding service charges, with a terrace that is rare in its area: base rent €1,000, supplement €120, i.e. €1,120 excluding service charges. With a base rent of €950, no supplement is possible.

The 9 defects that rule out any supplement

For a lease entered into, renewed or tacitly extended since 24 August 2022, the supplement is prohibited if the home has at least one of these features (service-public.gouv.fr; art. 140):

• toilet or bathroom facilities on the landing;
• signs of damp on some walls;
• DPE rating of F or G;
• windows that let in an abnormal amount of air, excluding ventilation grilles;
• being overlooked at less than 10 metres;
• leaks or flooding coming from outside the home;
• water drainage problems in the last 3 months;
• degraded electrical installation;
• poor exposure of the main room.

Date of application. According to article 140, this list applies to tenancy agreements entered into, renewed or tacitly extended one year after the publication of law no. 2021-1104 of 22 August 2021, i.e. from 24 August 2022, the date from which Légifrance runs this version of the article. Service-public.gouv.fr, for its part, refers to leases signed since 18 August 2022. For a lease signed between those two dates, have the applicable rule checked.

Challenging a rent supplement

If the CDC reaches an agreement, the rent set in the conciliation document applies from the date the lease took effect. The judge can cancel or reduce the supplement; the rent the judge sets also applies from the date the lease took effect (service-public.gouv.fr).

Penalties and other remedies

If the base rent exceeds the maximum reference rent, the tenant can ask for a reduction and repayment of the overpayment, before the CDC and then the judge. They can also report the overcharge: to the City of Paris in Paris, to the préfecture (the State’s local office) in Est Ensemble and Plaine Commune. The landlord faces an administrative fine of €5,000 if a private individual and €15,000 if a legal entity (service-public.gouv.fr).

If the lease does not state the maximum reference rent, the tenant has 1 month after the lease takes effect to give the landlord formal notice to do so, by recorded delivery letter; the landlord has 1 month to reply, then the tenant has 3 months to go to the judge (service-public.gouv.fr).

Which professional to consult

An agent immobilier (estate agent) who manages lettings in a rent-capped area sets the base rent at the right ceiling, drafts the mention of the supplement and gathers the evidence that justifies it. For a lease drawn up as an acte authentique (notarised deed), a notaire (notary) checks the same mentions.