With only a few weeks left before the planned end of the experiment, rent control appears to be increasingly disregarded. In its sixth barometer, the Housing Foundation notes a sharp rise in listings that exceed the caps, particularly in Paris.
Key Takeaways
- 37% of the analyzed listings exceed the rent caps in 2026.
- In Paris, this share reaches 46%, up from 31% a year earlier.
- Small units and furnished homes are the most affected.
Rent cap: 46% of listings above cap in Paris
The scheme introduced by the ELAN law has helped keep average rents in the municipalities where it is applied in check. But adherence is deteriorating sharply in some areas.
The sixth barometer from the Foundation for Housing is based on more than 10,000 listings published between August 2025 and August 2026. Across the cities studied, 37% of the offers exceed the reference rent as capped. This share climbs by five percentage points in one year and by nine points since 2024.
However, note that a listing exceeding the cap is not automatically illegal. A rent premium can sometimes be charged when the dwelling has exceptional comfort or location features. It is still required that this surcharge be genuinely justified.
The situation deteriorates especially in Paris. The capital now shows 46% of listings above the cap, up from 31% the previous year. This is the highest rate recorded in Paris since the cap was reinstated in 2019.
Disparities between districts remain substantial. The Foundation notes 28% of listings above the cap in the 13th arrondissement, versus 64% in the 3rd. Central and western Paris neighborhoods generally concentrate the highest rates.
More encouraging results in several metropolitan areas
The situation appears less worrying in some major cities. The share of listings exceeding the cap stands at:
- 12% in Montpellier;
- 17% in Bordeaux;
- 25% in Lille;
- 26% in Lyon–Villeurbanne.
These results show that rent control can be better respected when landlords are properly informed and controls are sufficiently visible.
The situation remains nevertheless concerning in certain Île-de-France territories. The rate reaches 36% in Est Ensemble and 61% in Plaine Commune.
Smaller units and furnished housing more affected
Tenants renting smaller units remain the most exposed to overcharges. According to the barometer, 92% of homes of 10 m² or less display a rent above the cap. This share drops to 22% for spaces larger than 75 m².
Studios are also more affected than larger apartments. This situation particularly penalizes students, young professionals, singles, and households with modest incomes.
The finding is equally troubling for furnished rentals. Nearly 46% of furnished listings exceed rent caps, nine points higher than unfurnished rentals. Yet the benchmarks for furnished housing are already higher than those for unfurnished homes.
Deductions are more frequent, but their average amount is decreasing. In 2026, they reach €159 per month nationwide. In Paris, the average excess amounts to €171 per month, i.e., more than €2,000 per year.
Rent supplements sometimes used to circumvent the law
The rent supplement allows a renter to exceed the reference rent cap when a dwelling features particular characteristics. These features must provide a genuine advantage compared with comparable homes in the same area.
Yet, the Foundation notes that common amenities, such as a fitted kitchen, a television, a kettle, or a coffee machine, are sometimes used to justify substantial surcharges.
This practice gradually turns the rent cap into a mere price base. In some cases, the supplement becomes almost systematic, even though it should remain exceptional and clearly explained in the lease.
Helpful to know: no rent supplement may be requested for a dwelling classified F or G. This prohibition also covers homes with damp conditions, a degraded electrical system, bathrooms on the landing, or a direct line of sight to another building within less than ten meters.
Despite this rule, 36% of listings for dwellings classified G and 32% for those classified F exceed the caps. The Foundation also notes that nearly two-thirds of the listings studied do not display the energy performance certificate.
How to react if your rent is above the cap?
If your dwelling is located in a municipality that applies the rent cap, start by checking the corresponding reference rent by address, size, construction era, and rental type.
The lease and the listing must clearly distinguish base rent, the capped reference rent, and any possible rent supplement. If the base rent exceeds the cap, the tenant can request a reduction and the return of overpaid amounts.
A rent supplement can also be contested. The tenant generally has three months after signing the lease to contact the departmental conciliation commission. Free advice can be sought from the Departmental Housing Information Agency, the Adil.
In Paris, an online reporting process allows you to submit a file to the City. Between January 2023 and June 2026, nearly 4,980 reports were filed. Tenants who won cases recovered an average of €3,775 in overcharged rent.
Toward an extension of rent control?
Scheduled to run for eight years under the ELAN law, the experiment was theoretically set to end in November 2026. An extension must be considered by Parliament before that deadline.
The Housing Foundation is calling to permanently extend and broaden the scheme. It also wants to strengthen controls and sanctions against landlords who do not respect the caps.
Platforms and real estate agencies are also urged to increase verification of Listings. Currently, a private owner can face fines up to €5,000. For a corporate entity, fines can reach up to €15,000.
Despite violations observed, several assessments contend that the scheme actually slows rent growth. Between July 2024 and July 2025, Parisian tenants reportedly saved an average of €1,019 per year thanks to rent control. Extending the program alone will not suffice: it will also be essential to ensure its effective enforcement.
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