Rent revision: what is it?
Rent revision is a legal mechanism distinct from rent indexation that allows the base rent to be modified during a lease. While indexation automatically adjusts the rent according to changes in the health index, revision reassesses the rent in relation to the actual rental value of the property.
Revision is governed by Articles 7 and 9 of the primary residence lease legislation. It can only occur at specific points in the lease and under strict conditions.
| Criterion | Indexation | Revision |
|---|---|---|
| Frequency | Annual | End of each three-year period |
| Basis | Health index | Actual rental value |
| Initiative | Landlord | Landlord or tenant |
| Agreement required | No (if clause exists) | Yes (or justice of the peace) |
Legal conditions for revision
Rent revision is only possible in limited cases:
- End of three-year period: the request must be submitted between the 9th and 6th month before the end of the current three-year period.
- New circumstances: the rental value must have changed by at least 20% compared to the current rent (upward or downward).
- Improvement works: the landlord has carried out significant renovations that increase the property’s value.
Learn more about the detailed conditions for revision.
Revision procedure
The procedure varies depending on whether the parties reach an agreement:
By amicable agreement: the parties agree on a new rent and formalise the change through a lease addendum. The addendum must be registered.
In the absence of agreement: the party seeking revision refers the matter to the justice of the peace of the district where the property is located. The judge assesses the rental value and sets the new rent.
The new rent takes effect at the start of the following three-year period, never retroactively.
Appeal to the justice of the peace
If the landlord and tenant cannot reach an agreement, the justice of the peace makes the decision. The judge considers the normal rental value of the property at the time of the request, comparing it with similar properties in the same neighbourhood.
The judge may also appoint an expert to assess the rental value. Expert fees are generally shared between the parties.
Revision after renovations
A landlord who has carried out improvement works can request a rent revision even outside the three-year periods, provided the works increase the rental value by at least 10%. Routine maintenance does not qualify for a revision.