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Home » Tenant: refuse a rent increase thanks to the DPE!
Business

Tenant: refuse a rent increase thanks to the DPE!

By News Room19 January 20263 Mins Read
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Tenant: refuse a rent increase thanks to the DPE!
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The bad news has arrived in your mailbox: your landlord (or the real estate agency) is announcing a rent increase. Start by re-reading your lease contract to check if it contains a clause providing for the annual rent review. Otherwise, no increase is possible. When this clause exists, consult the energy performance diagnosis (DPE): it must be annexed to your lease contract. This document estimates the theoretical energy consumption of the property. Even if it is out of date, it is authentic in the absence of another DPE.

You see that good is rated F “very poor performance» or G “extremely inefficient» ? The law known as “Climate and resilience» prohibits any increase in rent. And this whether during the renewal of the lease or its tacit renewal. This rent freeze has been applicable since August 24, 2022 in mainland France (article 159 of law no. 2021-1 104 of August 22, 2021). And since July 1, 2024 in Guadeloupe, Martinique, Guyana, Reunion and Mayotte. Bare and furnished rentals for primary residence use are covered. Note that since January 1, 2025, properties labeled G no longer have the right to be rented out again, after the departure of their last tenant.

Take your pen

If you are affected by a poor classification under the DPE, contest the rent increase in writing. In your letter, indicate the date on which you received the letter from your landlord. Mention the address of the accommodation you occupy, the energy label of the property, the aforementioned law, and accordingly request the maintenance of rent at its current level. You may not receive a response.

At any rate, do not stop your payments. Only a civil judge could decide on a reduction or suspension of rent payment, pending compliance with new energy decency standards. You perceive housing assistance ? The CAF and the MSA can encourage the lessor to present a compliant DPE (minimum class E). As a tenant, you would not be penalized: you would still be required to pay your share of rent, after subtracting unpaid aid.

Evolution of calculation

During the energy renovation project, the owner could not give you leave to carry out the work. There does not exist no specific leave as such in the law. You have understood, only a new DPE, removing the property from the status of an energy sieve, could justify a rent increase. Please note that if the diagnosis is recent, its grade may have improved automatically, with the evolution of the electricity conversion coefficient since January 1, 2026. If applicable, your landlord will be sure to inform you. This update can be verified by entering the DPE number on the Ademe DPE-Audit Observatory website.

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