Whether for the purchase of real estate (Art. 1622 of the Civil Code) or for rental (Law No. 89-462 of July 6, 1989), an error in the surface area of the relevant accommodation will result in a decrease in the rental price. sales price or rent. In terms of rental, it is envisaged as follows: “When the habitable surface area of the leased property is less than one twentieth of that specified in the lease agreement, the lessor shall, at the request of the tenant, undertake a reduction in the rent in proportion to the stated difference. (…) »But as real estate lawyer Me Gabriel Neu-Janicki points out on his blog Commenting on a recent decision (Court of Appeal, Versailles, 1st chamber, 2nd division, 25 July 2023 n°22/06160), this principle does not apply to furnished rentals.
Indeed, if the lessor is required to include in the lease the bare or furnished surface area of the leased property, the rent abatement rule applies only to bare leases. This is what the Versailles Court of Appeal explained in a dispute in which the tenant of a furnished apartment in the Paris region sought a reduction in his rent. Reminding that the automatic rule is not valid in this case, the court emphasized that what is valid are the general rules of the law of obligations. To object to the lease, it will be necessary to prove that there was fraud (deception, Editor’s note) or fault on the part of the lessor.
Owner’s voluntary correction
However, in this particular case, the judges are of the opinion that there was a clear mistake and not a desire to deceive. The overvalued surface area corresponded exactly to that of another rental accommodation by the same owner on the same floor. Moreover, as soon as he realized the mistake, he corrected the rents accordingly, showing his good will, without being obliged to do so, even though there was no request from the tenant. For this reason, the tenant cannot request that the same discount be applied to all rents starting from the moment he enters the house. Especially since “it does not provide evidence that the specification of the surface area of the leased premises is determinative of consent or that the rent is fixed solely by reference to the surface area of the leased premises.” comments Me Neu-Janicki.
