1. Conditions for increasing the cumulative rent
- Clause in the contract:
The contract must specify an annual rent adjustment clause, usually linked to the CPI (Consumer Price Index) or the IRAV (Residential Rental Reference Index) in more recent contracts.
- Formal communication:
If the landlord did not adjust the rent in previous years, they can accumulate the increases and apply the new amount, but they are required to notify the tenant in writing, detailing the calculation.
2. Legal limits and effects
- No retroactivity:
The landlord cannot claim increases from previous years. They can only apply the new rent from the month following the official notification.
- Annual cap:
The Housing Law (in force since May 2023) establishes a 3% annual limit for rent increases in 2024 and 2025, regardless of the index agreed in the contract.
- Reference indices:
- Contracts signed after May 25, 2023: the IRAV is the new mandatory index.
- Previous contracts: the CPI remains in effect.
3. Recommendations for landlords and tenants
- Contract review:
Both parties are advised to carefully review the increase clauses and retain all relevant documentation.
- Obligation to justify:
Landlords must communicate any increase clearly and with justification, avoiding automatic increases without supporting documentation.
- Right to reject:
Tenants may request clarification and reject any increase that does not comply with legal requirements.
Cumulative rent increases are possible under clear and strict conditions. Transparency and proper documentation are key to avoiding conflicts and ensuring compliance with current regulations.