How do you set a fair rent and avoid sanctions?

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23/6/2025

In tense areas, setting a rent that is too high exposes you to heavy penalties. In 2025, regulations were tightened. The ceilings are strict, and the renters are better informed. However, it is possible to optimize the profitability of your property. You still have to respect the rules. This article guides you to set fair, legal, and secure rent.

Infographie sur la fixation du loyer en zone tendue, être rentable en respectant le plafond légal
Setting a rent in a tight zone in 2025

📌 Understand the rules for setting rent

Before talking about optimization, you have to master the legal framework. This varies depending on whether your home is in a tense zone or not.

In a non-tense zone: freedom to set your rent (or almost)

Outside of a tense zone, you are free to set your rent. This applies to the first few rentals. But freedom remains restricted during a rapid relocation. The rent cannot increase sharply between two tenants. It must remain consistent with the local market. References are required to justify a significant increase.

In a tense area: mandatory capping

In cities classified as tense areas, rent is capped by law. Paris, Lyon, Lille or Bordeaux are concerned. The owner must respect the reference rents set by prefectural decree. There is a reference rent, a reduced rent and an increased rent. The latter represents the legal ceiling. Exceeding this threshold without justification is prohibited.

🔗 See the up-to-date map of hot spots on Service-public.fr

🧮 Method for setting fair (and legal) rent

Setting a good rent is the balance between profitability, attractiveness and legality.

🔢 Calculate the reference rent

Each year, the prefectures publish the controlled rents. To find out yours, use an official simulator. You need the exact address of the home, its surface, its type and its date of construction. The number of rooms is also important. These criteria determine your rent ceiling. In Paris, a furnished one-bedroom apartment of 35 m² often reaches a maximum of €1,100.

🔗 See the Paris rent simulator

🛠️ Check if a supplement is justifiable

A landlord can add additional rent. But only in some very specific cases. Housing must have exceptional qualities. It can be a monumental view, a large terrace, or rare equipment. The supplement must be explained in the lease. It cannot be arbitrary or based on standard elements. The home must also be in very good condition. If it is classified F or G at the DPE, no supplement is allowed.

🧾 Formalize the rent in the lease

The rental contract should clearly mention the legal elements. It is necessary to indicate the reference rent, the increased reference rent and the base rent applied. If a supplement is added, it must be justified. In the absence of information, the lease may be contested. The tenant is entitled to request regularization.

📉 What is the risk if the rent exceeds the ceiling?

Setting the rent too high is not without consequences. The tenant can initiate proceedings... and the lessor risks big.

⚖️ Legal and financial risks

Infraction Sanction possible
Dépassement du loyer plafond Mise en demeure, puis amende jusqu’à 5 000 €
Complément illégal Annulation, remboursement des trop-perçus
Bail non conforme Saisine de la commission de conciliation

⏱️ Complaint deadlines

The tenant has a period of three years to contest an illegal rent. He must first send a letter to the owner. If the patient does not respond within a month, a procedure can begin. The matter is referred to the Departmental Conciliation Commission as a matter of priority. If the matter is not resolved, the court may decide.

📈 How to optimize the rent without going beyond the law?

You can value your property smartly, without risking sanctions.

🧹 Investing in quality rather than overvaluation

To maximize profitability, invest in the quality of the property. Clean, well-maintained and carefully furnished accommodation is easier to rent. Even if it is at the legal ceiling, it will quickly attract reliable renters. Avoid the rental vacancy by offering an impeccable property. The perceived quality justifies the high end of the authorized range. You gain stability and image.

💡 Optimization examples

Amélioration Impact locatif Autorise un complément ?
Terrasse de 20 m² Très fort (rareté) ✅ Oui, si rare dans le quartier
Vue Tour Eiffel Exceptionnelle ✅ Oui
Cuisine équipée Faible (standardisé) ❌ Non
Rénovation DPE B Bon pour attractivité ❌ Pas un critère suffisant

👥 Why a real estate hunter can help

One Real estate hunter is not reserved for purchase: it can also accompany landlords in setting their rent.

What it brings you

A real estate hunter is not just for buying. It can assist landlords in setting the rent. He knows market references and local trends. It identifies possible margins and prevents errors. It knows if a supplement is justifiable or risky. It also helps you to make the lease compliant. This protects your interests while securing your income.

Conclusion: Be profitable, but stay on track

Setting the rent at the right level requires rigor and method. In 2025, the rules are known and the remedies available. A rent that is too high can backfire. It is better to respect the ceilings, optimize the presentation of the property, and aim for a quick rental. To do this, let yourself be accompanied. A real estate hunter brings you precision, compliance and serenity.

To go further

20/6/2025

Renting in Paris: how to avoid paying illegal rent?

Are you renting in Paris? Here's how to find out if your rent is legal or abusive, and how to challenge it.

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L’encadrement des loyers s’étend en France : découvrez si votre ville est concernée et ce que cela change pour vous.

12/6/2025

What are the rules for renting your main residence?

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