A 35 m² furnished two-room flat in the 10th arrondissement at €1,390 including charges: expensive, or illegal? In Paris, the question has a precise answer. Since July 2019, rent excluding charges can't exceed a cap set for each neighbourhood, depending on the number of rooms, the construction period and the type of rental. And that cap is often exceeded.
How rent control works
For each home, the préfecture publishes a reference rent per square metre. The cap, the increased reference rent (loyer de référence majoré), is that reference rent plus 20%.
The rule fits in one sentence: the base rent (excluding charges and any rent supplement) must not exceed the increased reference rent multiplied by the size of the flat.
It covers furnished and unfurnished rentals used as a main residence, and mobility leases, signed or renewed since July 2019. As things stand, it applies to leases signed until 24 November 2026, the scheduled end of the experiment. It doesn't cover social housing, 1948-law housing, tourist rentals or sublets.
The lease must state the reference rent and the increased reference rent. If they're missing, that's already a signal.
Check your rent in a minute
You need four pieces of information: the address (for the neighbourhood), the size, the number of rooms, furnished or not. Plus the rent excluding charges and, if you have it, the year the building was built.
The calculation: cap per m² × size = maximum rent excluding charges. If your base rent is above it, the gap is what you overpay, every month.
The official DRIHL tool gives the cap by address. LivedIn's rent checker runs the same calculation from the same data and shows the gap in euros directly.
The rent supplement: the exception to watch
A landlord can add a rent supplement (complément de loyer) above the cap, but only if the home has exceptional features compared with others in the neighbourhood: a rare terrace, an exceptional view, outstanding amenities. Parquet floors or a fitted kitchen aren't enough.
Since August 2022, no rent supplement is allowed if the home is rated F or G on its energy performance certificate (DPE), or has damp, poor ventilation or leaks.
You have three months after signing the lease to challenge a rent supplement before the departmental conciliation commission. It's up to the landlord to prove it's justified.
What you can do if the rent is above the cap
For a base rent above the cap, there's no three-month deadline: you can act throughout the lease, and even after moving out if the lease was signed less than three years ago. Still, don't wait: every month counts.
1. Write to the landlord. A registered letter that states the applicable cap and asks for the rent to be brought into line and the overpayment refunded. Many cases are settled at this stage.
2. Go to the departmental conciliation commission. Free, no lawyer needed. The commission brings tenant and landlord together and looks for an agreement.
3. The judge. Without an agreement, the judge (juge des contentieux de la protection) can set the rent and order the refund of what you overpaid.
4. Report it to the City of Paris. The City investigates, contacts the landlord and asks them to refund the overpayment. The landlord faces an administrative fine of up to €5,000 for an individual and €15,000 for a company.
Before signing: the right time to check
The simplest approach is to check before you send your application. You then know whether the rent is legal, and you decide with full knowledge: apply anyway, negotiate, or move on to the next listing. Nothing requires you to raise it with the landlord at this stage.
Sources: service-public.fr, DRIHL Île-de-France, City of Paris.
