Adoption de la loi Duflot Alur : les nouvelles mesures
Adoption of the law Duflot Alur: new measures
Reform Duflot – Alur on real estate includes significant changes for tenants and landlords. Details of the amendments contained in the Act.
After rent control in some urban areas, the Government Ayrault wants to introduce other measures for tenants as well as changes in the operation of condominiums. This is the objective of the bill for access to housing and urban renovation, said Alur project, which has been adopted by Parliament.
Naturally, the measures presented here will be final only after the publication of the law in the Official Journal.
Entry into force of the law Alur
Passed by the National Assembly in early 2014, the text was then adopted by the Senate on January 31 , 2014. However, the provisions passed by the Senate have some differences with the text adopted by the Assembly. Therefore, a joint committee had to develop a compromise that Parliament finally adopted after a vote of the Senate on 20 February 2014. The final publication of the legislation in the Official Journal could act in the coming days and before the next municipal elections in 2014 .
The entry into force of this law should intervene in all cases in 2014 , although certain provisions will be delayed in time ( this is the case of the establishment of the universal guarantee of rents expected being applicable in 2016 ) .
In line with recent measures, the law provides Duflot set up an observatory in rents in » strained » areas to set geographic limits . If the rent exceeds this limit at the time of renewal of the lease , the tenant may apply to the conciliation commission.
From data representative of rents produced by observatories rents, the prefect of the department shall annually order that determine, for each category of housing and neighborhood, three indicators of rents :
median rent of reference calculated from the « stock » of all existing rents , which immediately put the well below the level at which dwellings are rented or leased back in the area
median rent plus reference , the level will be set annually by decree in each territory and which may not exceed 20% above the median rent of reference , creating a range of free rent setting
median rent minus reference , 30% lower than the median rent. Below this level , the owner may request a reassessment of rent.
See Duflot areas of rent control
The hors charges fixed in the contract for new hires or relocations rent can not exceed the median rent increased reference . The median rent and median rent plus should be included in the lease , for the information of the tenant.
Additional outstanding rent
For some homes with exceptional features that will justify the lease ( large terrace , height under exceptional ceiling) , the contract may derogate from this limit by charging rent an additional outstanding rent.
In this case , the tenant shall, within 3 months after signing the lease , the possibility to apply a reduction or cancellation of the additional rent . This application will necessarily include , first, an amicable stage formalized by a conciliation . Once these steps taken and in case of failure of the amicable phase, the tenant’s request may be brought before the judge to determine , if any , reduction of rent supplement .
When renewing a lease, if the tenant lives in a dwelling located in an area affected by the device and whose rent is higher than the median rent increased, it may undertake an action for abatement of rent when the rent is above the median rent increased reference .
Is also created , conversely, the right of the landlord to bring an action for reassessment of rent if the rent previously applied below the median rent minus reference , with a possibility of spreading upward to the tenant.
The tenant or the landlord will express its desire to evolve rent the other party at least six months before the date of renewal of the lease.
In case of disagreement between the parties on this adjustment , it is expected an amicable dispute settlement proceedings before the departmental committee of conciliation. Then, in case of failure of the conciliation procedure , it is possible to go to court .
Termination of the lease
In tense areas, the notice period the tenant wishing to terminate its lease will be reduced to one month , three months usually against .
Universal rent guarantee
Bill Duflot Alur plans to create a universal guarantee of rents ( GUL ) for all private housing ( furnished and unfurnished ) and donors (individuals and legal entities). Funding should result from the imposition of a percentage of the rental of the order of 1 or 2 % of the amount paid equally by the landlord and the tenant.
The universal guarantee of rents was originally intended to replace the security by 1 January 2016. However, this system has been reduced following the discussions in the National Assembly . The text adopted in January 2014 by members provides that owners may choose between the device and the LUG that applicable to the bond.
Naturally, for the owner to benefit from the LUG , he should not have to ask security to the tenant .
Penalties for late rent
An amendment to the bill provides that the landlord and the tenant may provide in the lease that late rent payment may give rise to penalties of up to 30 % of the rent.
Return of deposit
The law currently provides for a maximum period of two months from the keys to the landlord returns the deposit paid by the tenant. The bill aims to reduce this time to one month when the state of output is consistent with the inventory entry . A failure to return within the statutory period , the owner could incur a penalty of 10 % of the deposit each month of delay .
When a real estate agent ( lawyer , realtor, etc. . ) Occurs when renting a property, the amount of his fees would be capped at one month’s rent excluding charges , he is set free today.
In addition, the rental fee will be the exclusive responsibility of the landlord , so they are now divided in half.
Finally, the costs of preparing the lease and the cost of the inventory will be shared equally between tenant and landlord , costs would be capped by decree.
Reform of Realtors
Training realtors would be strengthened with the creation of a National Council of Real Estate Management and the drafting of a code of ethics.
Long in the viewfinder of government, often rightly , the » dealers list » will be subject to additional obligations. They will include an exclusive hold on the goods they offer their customers .
The list of specific charges will be determined by decree , and all other services will be deemed » routine management » and may be subject to additional charges beyond the annual fee .
In addition, the opening of a separate account name of the condominium will be mandatory.