Faced with cases of abuse by certain owners of tenants, it is incumbent on us, as lawyers, to provide certain clarifications on this subject.
Indeed according to the law n ° 77-995 of December 18, 1977 of the rental code in its article 6 ...
the owner can always ask for the price of his rent to be revised if he finds it undervalued from the occupant in good faith maintained in the premises. But it must be done according to the rules of the art. The request must be made by extra-judicial act (bailiff) or by registered letter with acknowledgment of receipt and indicate the amount of the price requested.
In the absence of agreement between the parties
If no agreement has been reached between the two parties concerning the conditions for revising the amount of rent and the rate of its increase, the law now sets the rate of increase of the amount of rent at 8% for premises used as a housing and 10% for premises for professional use. The lawyer also specifies that "notwithstanding these rates, it is up to the court to assess the rate of increase in the rent according to the economic situation.
Disputes are brought before the summary judge of the place of domicile of the property.
After attempting to conciliate the parties, if the disagreement persists, the judge rules.
Or in case of difficulty, he can order an expertise.
The party who is wrong will suffer the costs of the expertise.