La surface minimum de location

When deciding to rent housing, there is a minimum rental area to take into account. To be considered dignified and to be subject to a tenant, any dwelling must have a minimum space. However, many dwellings do not comply with legal prerequisites, which constitutes abuse.

Item plan

Related topic : How to properly tax?

  • Minimum area: what area?
    • The case of mezzanines
  • The calculation of the minimum area of a
    • dwelling Seasonal rental: minimum area?
  • Owner, tenant and abuse on the minimum area

Minimum area: what area?

Any housing or property rented must have a main room that must legally make a minimum of 9 square meters. The ceiling, it, has to make 2.20 m minimum. That said, it is indeed the volume of the dwelling that is finally taken into account, as specified by the decree of 30 January 2002 .

If the accommodation is 20 m3 but its surface is less than 9 m², it can still be considered habitable and be rented. The minimum area of a so-called “decent” dwelling is therefore 9 square meters .

See also : Annual forecasting expenses in condominium

The case of mezzanines

Wondering if a mezzanine is considered an additional living space? Everything will depend on the ceiling height above the mezzanine. Below 1.80 m, the mezzanine is not considered a living space. By installing a mezzanine in a dwelling, you technically increase its area.

For a rental, if the ceiling height above your mezzanine is less than 1.80 m, you will not be able to count the additional area. The same rule applies to a room attic or located in the attic (example: maid’s room).

Calculation of the minimum area of a dwelling

To calculate the minimum area of your dwelling, it is necessary to take into account the following:

  • Count: the area between the floor, walls and ceiling;
  • Do not count: the area of the unfurnished attic, a balcony, a terrace, a cellar or even a veranda.

Seasonal rental: minimum area?

Seasonal rentals are not covered by the same law concerning housing. The minimum area will be set to 7 square meters instead of 9 square meters. Not everything is allowed either: a landlord could indeed come to abuse against a tenant.

Namely : in case you decide to classify your accommodation by labels (ex: furnished tourism), the area minimum increases to 12 m². Thus, every owner, depending on the nature of the dwelling, will have to be vigilant as to the living area of the dwelling. The price of rent should be determined accordingly.

Owner, tenant and abuse on the minimum area

A landlord cannot, in his soul and conscience, offer indecent and unworthy housing to tenants. The law is clear, but this does not prevent many abuses from occurring.

The classic maid room , in Paris, can thus be rented for exorbitant prices while sometimes its surface does not exceed even 2 square meters. A landlord risks big if he breaks the law. The tenant may demand compensation or compensation for the moral damage suffered, as well as compensation for relocation. All rents may be charged as reimbursement in court.

You are owner of a small space or a technically unhabitable area? Offer this space as a storage room or storage room, cellar or attic for rent. If you really don’t get out of it and your rental doesn’t work, you can consider reselling your space to the condominium.

Are you a tenant and you have a small budget? Don’t get tempting apartment ads. Be vigilant about the surface of the housing, and ask if it is under slope. The Carrez law indications will guide you in your logementhabitable searches.

related Posts