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Rent Review Clause: Validity, IRL Calculation, and Disputes

Does your lease include an annual rent review clause? Check its validity, learn how to calculate the review using the IRL, and find out the deadlines for contesting an irregular review.

By Emilie D. · Published August 14, 2026

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You've just received a letter from your landlord announcing a rent increase. Or maybe you're a landlord wondering whether you can apply the review clause in the lease. In either case, the first question to ask is simple: is the review clause even valid? Because if it isn't, any increase can be contested, even if the IRL calculation seems correct.

Many tenants think that the annual rent review is automatic. That's wrong. It's only possible if a specific clause is included in the lease agreement. And that clause must comply with strict rules set out in the law of July 6, 1989. A poorly drafted, missing, or unlawful clause could save you hundreds of euros in excess rent.

The 30-Second Answer

Rent review during the lease term is only possible if the lease contains a written review clause. This clause must provide for the review on the lease anniversary date, using the Rent Reference Index (IRL) published by INSEE. If the clause is absent, the rent remains fixed for the entire lease term. If the clause exists but is poorly drafted (for example, it provides for a different index or a review on a different date), it may be deemed unwritten. In that case, the tenant can contest the increase and seek a refund of any overpaid amounts, within the three-year statute of limitations.

Unsure about your lease? Upload it to bail.immo to verify the validity of the review clause and all other sensitive clauses.

What the Law Says

The law of July 6, 1989 strictly governs rent reviews for residential leases (unfurnished or furnished, primary residence). Article 17-1 of this law provides that the rent may be reviewed annually, if the lease expressly provides for it. That's the starting point: no clause, no review.

The clause must meet several cumulative conditions:

  1. It must be in writing in the lease. A simple verbal mention or a landlord's habit is not enough.
  2. It must provide for the review on the lease anniversary date. That is, on the date the lease was signed, or on a date agreed between the parties, but always once a year.
  3. It must use the Rent Reference Index (IRL). The IRL is published quarterly by INSEE. It corresponds to the average change in consumer prices excluding tobacco and excluding rents, over the last twelve months.
  4. The review cannot be retroactive. If the landlord forgets to apply the review on the anniversary date, they cannot claim arrears for past months. The review only takes effect going forward, from the date of the request.

The calculation formula is as follows:

New rent = Current rent (excluding charges) × (IRL of the reference quarter / IRL of the same quarter of the previous year)

For example, if your rent is €800 excluding charges, the IRL for Q2 2025 is 145.17, and the IRL for Q2 2024 was 141.03, the calculation is: 800 × (145.17 / 141.03) = €823.48. The new rent will be €823.48.

Note: The IRL to use is the one for the quarter corresponding to the lease signing date or the scheduled review date. If the lease was signed in March, use the Q1 IRL. If signed in September, use the Q3 IRL. The simplest approach is to refer to the IRL published at the time of signing, then the same quarter in subsequent years.

Why This Can Be a Problem

Problems with the review clause are common, and they cost tenants a lot. Here are the most frequent situations:

1. The Clause Is Missing

This is the simplest case, but also the most widespread. Many leases contain no review clause at all. In that case, the rent cannot be increased during the lease term, even if the IRL rises. The landlord will have to wait until the lease renewal (every 3 years for unfurnished, every 1 year for furnished) to propose a reassessment, and only if the rent is clearly undervalued.

2. The Clause Is Poorly Drafted

Some clauses provide for a review based on an index other than the IRL (for example, the construction cost index, or an agency's internal index). Others provide for a review on a date different from the anniversary date, or an automatic review without a landlord's request. All such clauses are unlawful. They are deemed unwritten, meaning they are considered never to have existed. The landlord cannot apply them.

3. The Clause Is Valid, but the Calculation Is Wrong

Even with a valid clause, the landlord can make a mistake in the calculation. They might use the wrong IRL quarter, apply the review on the wrong date, or forget that the review cannot be retroactive. In that case, the tenant can contest the amount requested.

4. The Clause Is Valid, but the Landlord Doesn't Apply It on Time

The review must be requested by the landlord. If the landlord doesn't send a letter requesting the review on the anniversary date, they lose the benefit of the review for the past year. They cannot retroactively claim amounts for past months. The review will only take effect from the date of the request, for future months.

Let's take a concrete example. You signed a lease on September 1, 2023, with a rent of €700 excluding charges. The lease includes an annual review clause based on the IRL. On September 1, 2024, your landlord sends nothing. On March 1, 2025, they write to you requesting a rent increase, applying the September 2024 IRL. This request is partially illegal: they cannot claim arrears from September 2024 to February 2025. The review can only take effect from March 1, 2025, and only for the future.

Exceptions and Special Cases

Leases Signed Before March 27, 2014

For leases signed before the ALUR law came into force (March 27, 2014), the rules are slightly different. The review clause may provide for an index other than the IRL, if it was drafted before that date. But beware: since March 27, 2014, any review clause must use the IRL, even for older leases. If your lease predates 2014 and the clause provides for a different index, it has become unlawful and can no longer be applied.

Rent-Controlled Housing

In areas where rent control is in effect (Paris, Lille, Lyon, Villeurbanne, etc.), the rent review cannot lead to exceeding the increased reference rent set by prefectural order. If the revised rent exceeds this cap, the tenant can contest the review.

Furnished Leases

The rules are the same for furnished leases as for unfurnished ones, with one difference: the lease term is shorter (minimum 1 year, or 9 months for students). The review clause must still be included in the lease, and the review occurs on the anniversary date.

Mobility Leases

The mobility lease (duration 1 to 10 months) cannot contain a review clause. The rent is freely set at the start, but it cannot be reviewed during the lease term.

Checklist: Verify the Validity of the Review Clause

Here's a simple checklist to verify whether the review clause in your lease is valid:

If you answer "no" to any of these questions, the review is likely contestable.

Possible Actions

If You Are a Tenant

  1. Check your lease. Re-read the review clause. If it's missing, poorly drafted, or uses an index other than the IRL, you can refuse the increase.
  2. Contest in writing. Send a certified letter with return receipt to your landlord (or agency) explaining why you refuse the review. Attach the applicable legal texts (Article 17-1 of the law of July 6, 1989).
  3. Continue paying the old rent. Until the dispute is resolved, you must continue paying the rent you believe is due. Never stop paying your rent, even if you contest the increase.
  4. Request a refund of overpaid amounts. If you've already paid illegal increases, you can request a refund of the excess amounts paid, within the three-year statute of limitations.
  5. Contact the departmental conciliation commission. If the disagreement persists, you can contact the departmental conciliation commission (CDC) in your department for free. It issues an opinion that can help reach an agreement.
  6. As a last resort, go to the protection litigation judge. If conciliation fails, you can take the matter to the judicial court. The judge can declare the clause unwritten and order the landlord to refund the overpaid amounts.

If You Are a Landlord

  1. Verify that your clause is valid. If it's missing or poorly drafted, don't apply it. You risk a dispute and a refund of amounts collected.
  2. Send a written review request. The review only takes effect from your request. Send a certified letter or an email with read receipt, specifying the new rent and the calculation performed.
  3. Use the correct IRL. Check the reference quarter and the corresponding index on the INSEE website.
  4. Don't claim arrears. If you forgot to apply the review on the anniversary date, you cannot claim past months. The review only applies going forward.

Unsure about the validity of the review clause in your lease? Use our IRL calculation tool to check the exact review amount, then upload your lease to bail.immo for a full analysis of sensitive clauses.

FAQ

Is the review clause mandatory in a lease?

No. The review clause is optional. If it's not included in the lease, the rent cannot be reviewed during the lease term.

Can I contest a review I've already paid?

Yes. If you've paid an illegal review (missing clause, poorly drafted, or incorrect calculation), you can request a refund of the overpaid amounts, within the three-year statute of limitations from the payment.

Can the landlord review the rent during the lease without a clause?

No. Without a review clause, the rent is fixed for the entire lease term. The landlord cannot increase the rent, even if the IRL rises.

Which IRL should be used for the review?

You should use the IRL for the quarter corresponding to the lease signing date or the scheduled review date. For example, if the lease was signed in January, use the Q1 IRL. If signed in July, use the Q3 IRL.

Can the review be retroactive?

No. The review cannot be retroactive. If the landlord requests the review after the anniversary date, it only takes effect from the date of the request, for future months.

What if the landlord applies a review without a clause?

You can refuse the increase and continue paying the old rent. Send a certified letter explaining your refusal. If the landlord insists, contact the departmental conciliation commission or the judge.

Can the review clause provide for an index other than the IRL?

No, since March 27, 2014. Any review clause must use the IRL. A clause providing for a different index is deemed unwritten.

Sources

Legal Information

The information presented on this page is provided for informational purposes and is based on the texts and sources available at the time of its publication or last update. Legislation, regulations, and case law may evolve at any time. The results and explanations provided by bail.immo do not constitute legal advice and do not replace the opinion of a lawyer or another competent legal professional.

France vs the United States: what's different

General information only, not legal advice — drafted from general knowledge and may be incomplete, outdated, or vary locally. Always verify with a local source before relying on it. Rental law in the US is set mostly at the state (and sometimes city) level, so these points describe common patterns, not a single nationwide rule.

Security deposit cap

France

Capped by law: 1 month's rent (unfurnished) or 2 months (furnished).

the United States

No federal cap. Many states cap it (often 1–2 months' rent), but a meaningful number of states set no cap at all — it depends entirely on the state.

General information, not precisely sourced — verify locally.

Notice period to end a lease

France

1 month (tight rental-market cities) or 3 months (elsewhere) for the tenant; longer for the landlord with specific grounds required.

the United States

Typically 30 days for a month-to-month tenancy, but a fixed-term lease usually just ends on its stated date with no "notice" concept — again, state and lease-specific.

General information, not precisely sourced — verify locally.

Guarantor practice

France

A personal guarantor or the free public Visale guarantee (Action Logement) is common and normalized.

the United States

Landlords more commonly rely on a credit/income check and sometimes a co-signer, rather than a formal third-party guarantor system.

General information, not precisely sourced — verify locally.

Rent increases during the lease

France

A fixed-term lease's rent generally can't be raised mid-term outside narrow legal exceptions; annual revision (if any) follows the IRL index.

the United States

Mid-lease increases are generally not allowed either, but once a lease ends or converts to month-to-month, increases are usually far less restricted than in France (no nationwide index).

General information, not precisely sourced — verify locally.

Written lease requirement

France

A written lease matching a legally defined model is mandatory for a primary residence.

the United States

Oral leases can be legally valid in many states for shorter terms, though a written lease is standard practice and required above a certain lease length in some states.

General information, not precisely sourced — verify locally.