Penalty of € 9,700 refund for paying too much rent on his property € 650

When relocating, disrespecting rental caps may be pricey. An proprietor in Paris realized the arduous approach. On September 3, 2020, the lease of his 3-room house (68.5 m² residing house) expires on the sixth. One month later, he rented his house once more at 2700 euros per 30 days (excluding costs) – or about 39 euros per m² – additionally topic to the month-to-month provision for a cost of 175 euros. 645 euros greater than the rent paid by the earlier tenant.

However, within the case of a tenant change, the brand new rent could not exceed the most recent utility (a minimum of in city areas with greater than 50,000 inhabitants, “Where there’s a marked imbalance between provide and demand for housingAccording to a July 27 decree, exceptions are allowed if the brand new lease just isn’t re-evaluated 12 months prematurely (doesn’t exceed the rent reference index or IRL) or if the proprietor has been working on the development for lower than 6 months. , Will finish in 2022.

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On December 20, 2021, greater than a 12 months after the lease was signed, the tenant sued the owner regardless of receiving a rent of 2,700 euros. “In the absence of further rent entered into the lease settlement, a tenant has three years from the date of signing the lease. (Section 7-1 Act n ° 89-462 of July 6, 1989), reminds the lawyer of the agency Stas & Associés. In case of further rent this era is decreased to 3 months (Section 140, III, B of Act n ° 2018-1021 of November 23, 2018 ””. Not to say that many tenants, particularly in Paris the place lodging is dear and complex, choose to pay further, organize lodging and make sure the landlord advantages whereas working. “Exit, if the connection deteriorates – the tenant reprimanded the proprietor for not wanting to alter the three home windows.”Fugitive and damaged-, to compete in a posterior, rent. The identical is true of the case earlier than us.

2650 Euro unreasonable costs

The tenant demanded compensation for the additional cost and for decreasing his rent to 2055 euros per 30 days. For his half, the proprietor, who depends on the common rent for his neighborhood estimated by the Se Loger web site (43 euros per m²), considers that the earlier rent – about 29 euros per m² – was devalued. Insufficient for the Paris Court of Justice, which, on June 8, granted the tenants a lawsuit, topic to the aforesaid decree, concluding that Le Figaro Collected. The proprietor should, in equity, “Justify all rental consultant reference leases practiced close by for comparable lodging“What he did not do, the courtroom dominated.”In the absence of displaying a depreciation of the rent paid earlier than re-leasing the house(Leaseholder) Cannot declare rent enhance paid by (Tenant) ”, the Judicial Court of Paris confirmed.

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Therefore, the proprietor was instructed to refund greater than 9700 Euros for the interval from October 10, 2020 to December 31, 2021. 800 An underestimated quantity of about 800 euros by the courtroom because of a calculation error “And it isn’t calculating the excess for the primary six months of 2022 (3870 euros)For the time being not regularized but, as a result of my shopper has been occupying the house and has paid 2700 euros in rent pending a courtroom determination.“I used to be informed by Valentine Simonette, the tenant’s lawyer. Which totals an extra 14,400 euros in whole.

And that is not all, as a result of a courtroom in Paris additionally condemned the owner for returning 2650 euros to the tenant. These are the costs paid by the tenant within the kind of provision (month-to-month or quarterly) the quantity of which is then in comparison with the precise price of co-ownership on the finish of the 12 months (Section 23 of the Act of July 6, 1989) “(Leaseholder) Did not present any materials in order that the month-to-month provision of 175 euros just isn’t honest“, The courtroom argued. With this 2650 euros lastly added 340 euros for diagnostic prices and 1000 euros for authorized charges.

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