LexInter | January 4, 2004 | 0 Comments

RENTS CHARGES AND SETTLEMENT OF DISPUTES

 

Article 16
Modified by Law 2000-1208 2000-12-13 art. 188 1 ° JORF December 14, 2000.

The statistical data necessary for determining the references mentioned in Articles 17 and 19 may be collected and disseminated, for each department, by rent observatories approved for this purpose by the Minister responsible for housing. This approval may also be granted to rental observatories operating for the whole of an urban area.

The approval mentioned in the previous paragraph is only granted, under conditions set by decree, to observatories whose statutes ensure fair representation of landlords, tenants and managers within their governing bodies.

Rent observatories provide departmental conciliation commissions and judges who so request with the information in their possession enabling them to promote conciliation between the parties or settle a dispute.

The Government submits a report on the evolution of rents every two years to the office of the assemblies, during the second quarter.

 

Article 17
Modified by Law n ° 2006-872 of July 13, 2006 art. 48 III (JORF July 16, 2006).

 

a) The rent:

– new housing;

– vacant dwellings that have been the subject of work to bring or bring them into conformity with the characteristics defined in application of the first and second paragraphs of article 6;

– housing conforming to the standards defined by the said decree, being the subject of a first rental or, if they are vacant, having been the subject for less than six months of improvement works relating to the private or common parts , in an amount at least equal to one year of the previous rent, is set freely between the parties.

b) The rent for vacant or first rental housing which is not referred to in a above is set by reference to the rents usually observed in the neighborhood for comparable housing under the conditions defined in article 19, if it is higher than the last rent demanded from the previous tenant.

The provisions of the preceding paragraph are applicable until July 31, 1997. Before this date, the Government will present to Parliament an implementation report making it possible to establish the comparison between the evolution of the rents of vacant dwellings according to whether they fall. of a or b of this article.

However, the Government will present to Parliament, within a period of one year from the promulgation of Law No. 92-722 of July 29, 1992 adapting Law No. 88-1088 of December 1, 1988 relating to the minimum ‘integration and relating to the fight against poverty and social and professional exclusion, an information report on vacant housing in towns with more than 200,000 inhabitants within the meaning of the general population census, specifying, among other things, the reasons and duration of the vacancy.

In the event of non-compliance by the lessor with the provisions of article 19, the lessee has, without affecting the validity of the current contract, a period of two months to contest the amount of the rent with of the conciliation commission.

In the absence of agreement noted by the commission, the judge, referred to by one or the other of the parties, fixes the rent. 

c) When the contract is renewed, the rent only gives rise to reassessment if it is clearly undervalued.

In this case, the lessor may offer the tenant, at least six months before the end of the contract and under the formal conditions provided for in article 15, a new rent fixed by reference to the rents usually observed in the neighborhood for comparable housing. under the conditions defined in article 19.

When the lessor applies the provisions of this c, he cannot give notice to the lessee for the same expiry date of the contract.

The notification reproduces in full, under penalty of nullity, the provisions of the paragraphs of this c and mentions the amount of the rent as well as the list of references used to determine it.

In the event of disagreement or in the absence of a response from the tenant four months before the end of the contract, one or the other of the parties refers to the conciliation commission

In the absence of agreement noted by the commission, the judge is seized before the end of the contract. In the absence of referral, the contract is automatically renewed under the previous conditions of the possibly revised rent. The contract for which the rent is judicially fixed is deemed to be renewed for the period defined in article 10, from the date of expiry of the contract. The judge’s decision is enforceable by provision.

The increase agreed between the parties or set by the courts applies per third or per sixth depending on the duration of the contract.

However, this increase applies per sixth year to the renewed contract, then during the subsequent renewal, when it is greater than 10%. 100 if the first renewal was for less than six years.

The possible revision resulting from d below applies to each value thus defined.

d) When the rental contract provides for the revision of the rent, this occurs each year on the date agreed between the parties or, failing that, at the end of each year of the contract.

The resulting increase in rent may not exceed the variation in a benchmark rent index published by the National Institute for Statistics and Economic Studies, the calculation and publication methods of which are set by decree in Council of ‘State. These calculation methods are based in particular on changes in consumer prices, the cost of housing maintenance and improvement works at the expense of the lessors and the construction cost index. In the absence of a contractual clause setting the reference date, this date is that of the last index published on the date of signature of the rental agreement.

e) When the parties have agreed, by an express clause, on housing improvement work that the lessor will have carried out, the rental contract or an amendment to this contract fixes the increase in the rent following the completion of this work.

 

 

Article 18
Modified by Law 2000-1208 2000-12-13 art. 188 1 ° JORF December 14, 2000.


In the geographical area where the level and evolution of rents compared to those observed on the whole of the territory reveal an abnormal situation of the rental market, a decree in Council of State, taken after opinion of the National Consultation Commission, may set the maximum amount for the change in rents for vacant accommodation defined in b of article 17 and for renewed contracts defined in c of the same article.

This decree specifies its period of validity, which may not exceed one year and may provide for specific adaptations, in particular in the event of work carried out by lessors or clearly undervalued rents.

 

 

Article 19
Modified by Law 2000-1208 2000-12-13 art. 188 1 ° JORF December 14, 2000.

For the application of Article 17, the rents used as references must be representative of all the rents usually recorded in the neighborhood for comparable dwellings, located either in the same group of buildings or in any other group of buildings. ‘buildings with similar characteristics and located in the same geographical area. A decree in Council of State defines the constituent elements of these references.The minimum number of references to be provided by the lessor is three. However, there are six in the municipalities, the list of which is fixed by decree, forming part of an agglomeration of more than one million inhabitants.

The references notified by the lessor must include, at least for two thirds, references of rentals for which there has not been a change of tenant for three years.

 

Article 20
Modified by Law n ° 2006-872 of July 13, 2006 art. 86 1 ° (JORF July 16, 2006).

 

A departmental conciliation commission composed of representatives of donor organizations and tenant organizations in equal numbers, whose competence relates to disputes resulting from the application of the provisions, is created with the representative of the State in each department. of article 17 of this law and articles 30 and 31 of the aforementioned law n ° 86-1290 of 23 December 1986. The commission delivers an opinion within two months of its referral and endeavors to reconcile the parties.

In addition, its competence is extended to the examination:

– disputes relating to the characteristics of the accommodation mentioned in the first and second paragraphs of article 6;

– disputes relating to the inventory, the security deposit, rental charges and repairs;

– difficulties resulting from the application of national or local collective agreements provided for in articles 41 ter and 42 of the aforementioned law n ° 86-1290 of 23 December 1986, from the application of the rental consultation plan provided for in article 44 bis of the same law and the operating procedures of the building or group of buildings.

For the settlement of these disputes, the departmental conciliation commission can be seized by the lessor or the tenant. For the settlement of these difficulties, it can be seized by the lessor, several tenants or a representative association of tenants. In the absence of conciliation between the parties, it issues an opinion which can be sent to the judge seised by one or the other of the parties.

The composition of the departmental conciliation commission, the method of appointing its members, its organization and its operating rules are set by decree.

 

 

Article 20-1
Modified by Law n ° 2007-290 of March 5, 2007 art. 34 (JORF March 6, 2007).

 

If the rented accommodation does not meet the provisions of the first and second paragraphs of article 6, the tenant can ask the owner to bring them into conformity without affecting the validity of the current contract. In the absence of agreement between the parties or in the absence of a response from the owner within two months, the departmental conciliation commission may be seized and render an opinion under the conditions set out in article 20. Referral to the commission or the delivery of its opinion does not constitute a prerequisite for referral to the judge by either party.

The judge referred to by one or the other of the parties determines, where applicable, the nature of the work to be carried out and the time limit for their execution. He can reduce the amount of the rent or suspend, with or without deposit, its payment and the duration of the lease until the execution of this work. The judge can transmit to the representative of the State in the department the order or the judgment noting that the rented accommodation does not meet the provisions of the first and second paragraphs of article 6.


V ° RELEASE

 

 

Article 21
Modified by Law 2000-1208 2000-12-13 art. 188 1 ° JORF December 14, 2000.

 

 

RECEIPT

 


The lessor is required to provide a receipt free of charge to the lessee who requests it. The receipt details the sums paid by the tenant, distinguishing between rent, lease rights and charges.

If the tenant makes a partial payment, the lessor is required to issue a receipt.

 

 

Article 22
Modified by Law 2000-1208 2000-12-13 art. 188 1 ° JORF December 14, 2000.


V ° RENT PAYMENT GUARANTEES

 

 

SECURITY DEPOSIT

 

When a security deposit is provided for in the rental contract to guarantee the performance of its rental obligations by the tenant, it cannot be greater than two months’ rent in principal.

A security deposit cannot be provided for when the rent is payable in advance for a period exceeding two months; however, if the tenant requests the benefit of the monthly rent payment, by application of article 7, the lessor may demand a security deposit.

It is returned within a maximum period of two months from the return of the keys by the tenant, after deduction, where applicable, of the sums remaining due to the lessor and of the sums for which the latter could be held, instead of the tenant, provided they are duly justified.

The amount of this security deposit does not bear interest for the benefit of the tenant. It must not be subject to any revision during the execution of the rental contract, possibly renewed.

In the absence of restitution within the prescribed period, the balance of the security deposit remaining due to the tenant, after closing the accounts, produces interest at the legal rate for the benefit of the tenant.

 

Article 22-1
Modified by Law n ° 2006-872 of July 13, 2006 art. 87 (JORF July 16, 2006).

 

When a surety for the sums of which the tenant would be a debt under a rental contract concluded in application of this title is required by the lessor, the latter cannot refuse the deposit presented on the grounds that it does not have French nationality or that it does not reside in metropolitan territory.

When the suretyship for obligations resulting from a rental contract concluded in application of this title does not contain any indication of duration or when the duration of the surety is stipulated indefinite, the surety may terminate it unilaterally. The termination takes effect at the end of the rental contract, whether it is the initial contract or a renewed or renewed contract, during which the lessor receives notification of the termination.

The person who stands surety precedes his signature with the handwritten reproduction of the amount of the rent and the conditions of its revision as they appear in the rental contract, with the handwritten mention expressly and unequivocally expressing the knowledge that he is a of the nature and extent of the obligation it contracts and of the handwritten reproduction of the preceding paragraph. The lessor gives the surety a copy of the rental contract. These formalities are prescribed under penalty of nullity of the surety bond.

 

Article 22-1-1
Created by Ordinance n ° 2006-346 of March 23, 2006 art. 53 (JORF March 24, 2006).

 The independent guarantee provided for in article 2321 of the civil code can only be taken out in lieu of the security deposit provided for in article 22 and only within the limit of the amount resulting from the provisions of the first paragraph of this article.

V ° RENTAL CONTRACT

 

PRODUCTION OF DOCUMENTS PRIOR TO THE ESTABLISHMENT OF THE RENTAL AGREEMENT

 

Article 22-2
Modified by Law n ° 2007-290 of March 5, 2007 art. 35 (JORF March 6, 2007).

 

Prior to the establishment of the rental contract, the lessor cannot ask the rental candidate to produce the following documents:

– identity photograph, except that of the proof of identity;

– social insurance card;

– copy of bank or postal account statement;

– certificate of proper maintenance of bank or postal account;

– certificate of absence of current credit;

– automatic debit authorization;

– divorce judgment, with the exception of the paragraph beginning with the statement: “For these reasons”;

– certificate from the previous landlord indicating that the tenant is up to date with his rents and charges, since the tenant can present other supporting documents;

– certificate from the employer as soon as the employment contract and the latest pay slips can be provided;

– wedding contract ;

– certificate of cohabitation;

– accommodation reservation check;

– personal medical file, except in the event of a request for suitable or specific accommodation;

– extract from the criminal record;

– delivery to a blocked account of goods, bills, securities or a sum of money corresponding to more than two months of rent in principal in the absence of the security deposit or the subscription of the planned autonomous guarantee in article 2321 of the civil code;

– production of more than two balance sheets for self-employed workers.

Article 23
Modified by Law n ° 2006-872 of July 13, 2006 art. 88 I (JORF July 16, 2006).

 

Recoverable charges, sums incidental to the main rent, are payable on justification in return:

1 ° Services rendered linked to the use of the various elements of the item rented;

2 ° Day-to-day maintenance expenses and minor repairs on the items in common use of the rented property. Expenses incurred by the lessor under a maintenance contract relating to elevators and meeting the conditions of Article L. 125-2-2 of the Construction and Housing Code are recoverable in this regard. , which concern the operations and minimum periodic checks and the repair and replacement of small parts showing signs of excessive wear as well as the interventions to free the people trapped in the cab and the repair and return to normal operation of the devices;

3 ° Taxes which correspond to services from which the tenant benefits directly.

The list of these charges is fixed by decree of the Council of State . It may be waived by local collective agreements relating to the improvement of safety or the taking into account of sustainable development, concluded in accordance with article 42 of the aforementioned law n ° 86-1290 of 23 December 1986.

Rental charges may give rise to the payment of provisions and must, in this case, be adjusted at least annually. Requests for provisions are justified by the communication of previous results established during the previous regularization and, when the building is subject to the status of co-ownership or when the lessor is a legal person, by the estimated budget.

One month before this regularization, the lessor communicates to the tenant the breakdown by type of charges as well as, in collective buildings, the method of distribution among the tenants. For one month from the sending of this statement, the supporting documents are made available to tenants.

For the application of this article, the cost of the services provided under a company contract corresponds to the expense, all taxes included, paid by the lessor.

 

 

 

Article 24
Modified by Law n ° 2005-32 of January 18, 2005 art. 100 (JORF January 19, 2005).

 

Any clause providing for the automatic termination of the rental contract for non-payment of rent or charges at the agreed terms or for non-payment of the security deposit only takes effect two months after an order to pay remained unsuccessful.

Under penalty of inadmissibility of the request, the summons for the purpose of noting the termination is notified at the behest of the judicial officer to the representative of the State in the department, by registered letter with request for acknowledgment of receipt. , at least two months before the hearing, so that he can refer, as necessary, the bodies responsible for housing aid, the Housing Solidarity Fund or the relevant social services.

The judge may, even ex officio, grant payment periods, under the conditions provided for in Articles 1244-1 (first paragraph) and 1244-2 of the Civil Code, to the tenant in a position to settle his rental debt.

During the period thus granted, the effects of the automatic termination clause are suspended; these deadlines and the payment terms granted may not affect the performance of the rental contract and in particular suspend the payment of rent and charges.

If the tenant vacates himself within the time limit and according to the terms set by the judge, the automatic termination clause is deemed not to have come into play; otherwise, it resumes its full effect.

The order to pay reproduces, under penalty of nullity, the provisions of the preceding paragraphs as well as of the first paragraph of article 6 of the law n ° 90-449 of May 31, 1990 aiming at the implementation of the right to housing, by mentioning the option for the tenant to enter the solidarity fund for housing, the address of which is specified.

When the obligations resulting from a rental contract concluded in application of this title are guaranteed by a surety bond, the order to pay is served on the surety within fifteen days from the service of the order to the tenant. Failing this, the surety cannot be held liable for the payment of penalties or interest on late payment.

The provisions of the second paragraph are applicable to assignments tending to the pronouncement of the termination of the lease when it is motivated by the existence of a rental debt of the lessee. They are also applicable to counterclaims for the purpose of establishing or pronouncing the termination motivated by the existence of a rental debt, the notification to the State representative being incumbent on the lessor.

 

 

Article 24-1
Modified by Law n ° 2006-872 of July 13, 2006 art. 86 3 ° (JORF July 16, 2006).

 

When a tenant has a rental dispute with his lessor or when several tenants have a rental dispute with the same lessor having a common origin, they can give a written mandate to take legal action in their name and on their behalf to a sitting association. to the National Consultation Commission and approved for this purpose; if the dispute concerns the characteristics of the accommodation mentioned in the first and second paragraphs of Article 6, this mandate may also be given to an association one of whose objects is the integration or housing of disadvantaged people or to a association for the defense of people in situation of exclusion by housing mentioned in article 3 of law n ° 90-449 of May 31, 1990 aiming at the implementation of the right to housing, and approved by the representative of the State in the department. An association approved under the conditions provided for in this paragraph may assist or represent, according to the terms defined in article 828 of the new code of civil procedure, a tenant in the event of a dispute relating to compliance with the decency characteristics of his accommodation.

The provisions of the previous paragraph are applicable to tenants of the premises mentioned in the second paragraph of article 2 when the rental dispute relates to the decency of the accommodation.

 

 

Article 25
Modified by Law 2000-1208 2000-12-13 art. 188 1 ° JORF December 14, 2000.


I. – Chapters I to IV of Title I of Law No. 86-1290 of 23 December 1986 tending to promote rental investment, home ownership of social housing and the development of the land supply are repealed .

II. – Until their term, rental contracts in progress on the date of publication of this law remain subject to the provisions which were applicable to them. However, the provisions of the last two paragraphs of article 10, articles 15, 17, 18, 19 and 24 apply to these contracts from the publication of this law.

For contracts concluded after December 23, 1986, for which the owner has granted leave in application of article 9 and article 14 of the aforementioned law n ° 86-1290 of 23 December 1986 before the date of publication of the this law, the leave is null and void. The owner may issue a new leave in the forms and conditions provided for in article 15; however, the notice period applicable to this leave is reduced to three months.

III. – For contracts expiring after May 22, 1989, or for which a legal proceeding is in progress, for which the owner has formulated, before the publication of this law, a proposal for a new rent in application of article 21 of the aforementioned law n ° 86-1290 of 23 December 1986, the tenant has a period of one month from the said publication to request the lessor, by registered letter with acknowledgment of receipt or by deed of bailiff, to again formulate a rent proposal; in this case, the lessor can present, within a period of one month from the request of the tenant and in the same forms, a new proposal, failing which the initial contract is renewed, from its normal date of termination. deadline, for the period specified in the 

The provisions of c of article 17 are applicable to the said proposal, subject to the following reservations: the notice period which is fixed for the formulation of the proposal is not applicable; the departmental conciliation commission is seized at the latest two months after the proposal of the lessor; the judge must be seized at the latest two months after the referral to the commission; the new rent, set following this second proposal, takes effect on the normal expiry date of the contract. Until this rent is fixed, the validity of the rent possibly fixed in application of article 21 of the aforementioned law n ° 86-1290 of 23 December 1986 is not affected

For contracts concluded after December 23, 1986 and for which the lessor has formulated a renewal proposal accompanied by a new rent in application of article 9 of the aforementioned law n ° 86-1290 of December 23, 1986, before the date publication of this law, the proposal is null and void. The lessor may formulate within one month from the publication of this law a proposal for a new rent in accordance with c of article 17, subject to the reservations provided for in the preceding paragraph; however, until the new rent is fixed, any previously revised rent remains applicable.

IV. – The provisions of paragraph III above are not applicable when the lessor’s proposal or the leave has given rise to a court decision which has become final.

V. – The decrees taken in application of articles 7, 18, 21, 23 and 24 repealed and articles 25 and 29 modified of the law n ° 86-1290 of December 23, 1986 remain in force for the application of this law , until the intervention of the corresponding decrees taken in application of this law.

 

Article 25-1
Modified by Law n ° 2006-872 of July 13, 2006 art. 48 III (JORF July 16, 2006).

With the exception of the third paragraph of article 9, articles 16 to 20, the second paragraph of article 24 and article 25, the provisions of this title are applicable in French Polynesia subject to the following adaptations:

1 ° In the fourth paragraph of article 3, the words: “provided for in article 19” are replaced by the words: “provided for by deliberation of the local assembly”;

2 ° At the end of a of article 6, the words: “in application of the first and second paragraphs” are replaced by the words: “by the territorial regulations”;

3 ° In Article 15:

a) In the seventh paragraph of II, the words: “neither to the acts relating to the buildings mentioned in the second paragraph of article L. 111-6-1 of the construction and housing code” are not applicable ;

b) In the first and second paragraphs of III, the words: “minimum growth wage” are replaced by the words: “guaranteed minimum interprofessional wage”;

c) In the first paragraph of III, the words: “within the geographical limits provided for in article 13 bis of law n ° 48-1360 of 1 September 1948” are replaced by the words: “at a distance at most equal to 5 kilometers “;

 

4 ° The sixth paragraph of article 24 is replaced by the following provisions:

The order to pay reproduces, on pain of nullity, the provisions of the preceding paragraphs.

 

 

Article 25-2
Modified by Law 2000-1208 2000-12-13 art. 188 1 ° JORF December 14, 2000.

 

Until their term, rental contracts in force in French Polynesia on September 15, 1998 remain subject to the provisions applicable to them.

 

 

Article 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 42


[* modifying article (s) *]

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