Who should you contact in the event of a dispute with your owner?
A first attempt at an amicable agreement
Before any procedure, it is recommended to send a written formal notice clearly setting out your request and the legitimate reason invoked. This approach often constitutes a prerequisite useful in the event of disputes relating to rental relationships:
- rental repairs or major repairs;
- return of security deposit;
- recoverable charges;
- decent housing;
- renewal of the lease;
- application of the rules governing changes in rent.
If no agreement is reached, other avenues exist.
The departmental conciliation commission (CDC)
The departmental conciliation commission (CDC) is composed equally of representatives of lessors (members from a union of owners) and tenants (often from a departmental association for the defense of tenants). It constitutes a alternative payment method disputes, free and relatively fast.
What is the departmental conciliation commission?
Principle: a mediator for housing disputes
The departmental conciliation commission (CDC) is a commission responsible for finding an amicable solution disputes between landlord (private or social) and tenant of a main residence, whether the accommodation is rented empty or furnished. It does not have jurisdiction over disputes concerning the new mobility lease.
Disputes concerned by the CDC
She is competent to examine disputes concerning the provisions relating to rent, security deposit, leave, inventory of premises and furniture, rental charges, repairs and characteristics of the accommodation. It is provided for by article 20 of law no. 89-462 of July 6, 1989. Its regime was specified by decree no. 2001-653 of July 19, 2001.
When to contact the departmental conciliation commission?
Seize it before any legal recourse
It is advisable to enter it when a formal notice remains unanswered andnone agreement was not found despite written exchanges. The same applies if a disagreement persists on legal questions relating to the lease. In certain cases (in particular revision or revaluation of the rent), the referral constitutes a prerequisite before referral to the Judicial Court.
The precise time to contact the CDC
The referral is relevant:
- before the due date of the lease when there is disagreement over the revaluation of the rent;
- as soon as the dispute arises, in order to avoid litigation;
- a few weeks before the passage before the judge, if action is contemplated.
The applicant sends a complete file to the commission secretariat, specifying his identity, the applicant’s address, supporting documents and his point of view.
How to contact the departmental conciliation commission?
Competent commission
The competent committee is that of department where the accommodation is located. The commission service is attached to the prefecture, via the departmental territorial directorate. The committee secretariat provides information on the practical arrangements, the preparation of files and the sending details.
Obligatory in certain cases
Referral is mandatory before any action before the Judicial court (former district court) for some rent disputes. This concerns in particular:
- the increase in undervalued rent;
- the reduction of overvalued rent;
- the rent supplement;
- the supervision of the evolution of the rent between two successive tenants.
Without this step, the legal appeal may be inadmissible.
Form for referral to the departmental conciliation commission
The tenant and the lessor can contact the commission by means of a registered letter with acknowledgment of receipt (LRAR). Formally, the letter must include the following information :
- names and addresses of the parties;
- subject of the referral and copy of the lease contract;
- elements of reference to the rent in the event of a related problem;
- supporting documents relating to the situation encountered.
Deadlines to respect
In certain situations, the referral is subject to strict deadlines. For disputes linked to decency, the commission must be seized in a deadline of two month after a registered letter serving as formal notice, which remained unanswered. Specific deadlines also exist for undervalued or overvalued rents or disputes over rent supplements.
Model letter of referral to the conciliation commission
Name, first name of applicant
Address of applicant
Phone
E-mail
For the attention of the committee secretariat
Departmental Conciliation Commission
(Address – Departmental Territorial Directorate)
Place, date
Subject: Referral to the departmental conciliation commission – housing located (full address)
Madam, Sir,
I, the undersigned (name), in the capacity of (tenant/lessor), refer the matter to the competent commission of the department where the accommodation mentioned above is located, in the context of a dispute relating to rental relationships.
The dispute concerns:
(specify precisely the purpose: increase in an undervalued rent, reduction in an overvalued rent, additional rent, supervision of developments, charges, decency, places of entry, renewal of the lease, operation of a building, etc.).
Despite my amicable efforts and a possible formal notice sent on (date), no agreement could be reached with the other party. You will find attached the documents constituting my file:
- copy of the lease contract;
- written exchanges between the parties;
- rent reference elements (if applicable);
- any document useful for examining the legal questions relating to the dispute.
I request the organization of a conciliation session so that a conciliation proposal can be examined by the members of the commission, while respecting the equality of representatives between landlords and tenants.
I remain at your disposal for any additional information and ask you to accept, Madam, Sir, the expression of my distinguished consideration.
Signature
How does a departmental conciliation commission work?
Summons of the parties
After receipt of the files, the commission secretariat summons the parties to a conciliation session. The competent commission is that of the housing department, attached to the prefecture. The summons specifies the date, time and place. The parties may be assisted.
Progress of the session
The session is held from contradictory way. Each party presents its point of view and arguments. The commission can ask questions about rent and its supervision of developments, decency or information on housing, places of entry, renewal of the lease, etc. The objective is to promote an amicable agreement.
Conciliation proposal
If common ground is found, a conciliation proposal is formalized in a conciliation document signed by the parties. This document precisely sets out the reciprocal commitments (revision of the rent, work to be carried out, regularization of charges, etc.). It ends the dispute without recourse to a judge.
No agreement
In the event of non-conciliation, the commission may issue a opinion of the commission. This opinion does not resolve the dispute, but can be produced before the Judicial court for the location of the accommodation. It then remains possible to appeal to the judge, who will rule definitively.
How to contact the departmental conciliation commission?
Paris Departmental Conciliation Commission
The competent commission for housing located in Paris intervenes in the event of disputes relating to rental relationships, particularly in terms of regulating changes in rent. Here are his contacts:
- Address : DRIHL – Commission Secretariat, 5 rue Leblanc, 75911 Paris Cedex 15
- Phone : 01 82 52 40 00
Toulouse Departmental Conciliation Commission
For accommodation located in Toulouse or in the Haute-Garonne department, the referral is made to the service attached to State services. The commission examines the files after receipt of a written request.
- Address : DDETS, 5 esplanade Compans-Caffarelli, 31080 Toulouse Cedex 6
- Phone : 05 34 45 33 85
Montpellier Departmental Conciliation Commission
For accommodation located in Montpellier or in the Hérault department, the referral is made to the secretariat attached to the State services.
- Address : DDETS – 615 boulevard d’Antigone, CS 19002, 34064 Montpellier Cedex 2
- Phone : 04 67 61 61 61
Lyon Departmental Conciliation Commission
For accommodation located in Lyon or in the Rhône department, the commission intervenes to promote an amicable agreement before any recourse to the local judicial court. To contact her:
- Address : DDETS, 8-10 rue du Nord, 69625 Villeurbanne Cedex
- Phone : 04 87 76 73 73
Bordeaux Departmental Conciliation Commission
For accommodation located in Bordeaux or in the Gironde department, the commission handles disputes relating to rents and their evolution, as well as rent supplements. The request must be sent to the competent secretariat.
- Address : DDTM, 2 rue Jules Ferry, BP 90, 33090 Bordeaux Cedex
- Phone : 05 47 30 52 24
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