Rental real estate: my tax advantage finished, can I increase the tenant’s rent?

Hélène had undertaken to rent her apartment below market prices, during the six years of her Pinel tax benefit. This deadline having passed, can it mean to its tenant that it increases the rent? The response of Romain Rossi-Landi, lawyer, in the major real estate meeting (Capital/Radio Immo).

Capital video: after 6 years of rental, my rental investment arrives “at the end of Pinel”. How to go to an undefined rent insofar as the tenant does not change?

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Since January 1, 2025, it is no longer possible to take advantage of the pinel to invest in thenew real estatethis tax advantagel being deleted. But he still runs for the buyers who invested before December 31, 2024. This system ofrental investment allowed the buyer of new housing to benefit from a reduction in his income tax from 9% to 14% of the acquisition price, if he joined the Rent for 6 years, 9 years or 12 yearsat a price below 10% to 15% to that of the market, to people whose reference tax income did not exceed certain ceilings.

Hélène, who lives in Montpellier (Hérault), had invested in Pinel in 2019. In 2025, six years later, her tax advantage ended. “Can I suddenly stop renting below the market priceknowing that my tenant has been the same for six years? ”she asks in the program Le Grand Rendez-vous de l’Emalmboards (Capital/Radio Immo). The answer is “no”. Before being a real estate investor, you are an owner lessor,, “With a rental contract which expressly prohibits you from” moving “the rent”under the law of July 6, 1989 tending to improve rental relationships, explains Romain Rossi-Landi, lawyer in Paris. This, even after 6 years of the Pinel. “I am asked regularly this question because people often make the amalgamation between the Pinel tax advantage and the lousing lease”he continues. Gold, “If your tenant does not change, you are subject to the 1989 law which forbids you to increase rent during the lease»»insists the lawyer.

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The only possible increase is that corresponding to theRent reference index (IRL), “Provided that the lease provides for this revision”nuance Master Rossi-Landi. And to conclude that helene “must wait for his tenant to give him his leave to be able to re -turn your property at market price ”. It is indeed prohibited to give leave to a tenant to be able to increase the rent of the next occupant of the accommodation. The only reasons why an owner can dismiss his tenant are the sale of the property or his recovery to live in him himself.

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