When the tenant reduces his rent because the owner acquired the accommodation with a zero-interest loan

Le zero-rate loan plus (PTZ +), created by the finance law for 2011, was to facilitate the purchase, by certain low-income households, of their main residence. The law therefore prohibited the accommodation thus financed from being rented “until the loan is fully repaid” (Code of Construction and Housing article L31-10-6).

The finance law for 2016 however, limited this ban to “six years following the date of payment of the loan”. She authorized her retroactive application to housing purchased before 2016, subject to the bank’s agreement.

Since 2011, the bans have only included a few exceptions, listed at article R 31-10-6 of the construction code : Professional mobility ; death ; divorce ; dissolution of a civil solidarity pact (pacs); unemployment ; disability.

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Their non-compliance results in non-compliance“maintenance” PTZ + as well as, possibly, “reimbursement of the outstanding capital” (items R 31-10-6 And L 31-10-7 b of the construction code). But it does not authorize the tenant to reduce the amount of his rent, as the following case shows.

In January 2017, Mr.me Y, 650 euros (and 80 euros in charges), after the latter’s father, an acupuncturist doctor, acted as guarantor.

Mr.me Y offers the apartment on seasonal rental sites, even though she does not have the right to do so. From May 2017, Mme Y stops paying.

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In September 2017, Mr. On the advice of a lawyer, Mme Y then asks him to provide him with his title deed. The lawyer, knowing that any real estate program in the Montpellier area includes a section for first-time buyers, clearly wants to know if Mr.

As he refuses to give this title of ownership, Mme Y obtains it… from the land registration services. She notes that it dates from December 12, 2013: Mr. He is also not in one of the exceptional situations listed by the law.

Mme You still see that the text which authorizes rental on an exceptional basis provides for a rent cap, as for social housing. She sets the amount of hers at 392 euros (10 euros per square meter), because the accommodation is located in zone Atense.

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