The application for revision may only be made at least three years after the date on which the tenant took up residence or after the starting point of the renewed lease. The revision of the rent takes effect from the date of the application for revision.
New applications may be made every three years from the date on which the new price becomes applicable.
As an exception to the provisions of Article L. 145-33, and unless proof is provided of a material change in the local commercial factors which has itself resulted in a variation of more than 10% in the rental value, the increase or decrease in rent following a three-yearly review may not exceed the variation in the quarterly index of commercial rents or the quarterly index of rents for tertiary activities mentioned in the first and second paragraphs of article L. 112-2 of the Monetary and Financial Code, which has occurred since the last amicable or judicial setting of the rent. If such proof is provided, the resulting variation in rent may not lead to increases exceeding, for any one year, 10% of the rent paid during the previous year.
In no case shall the lessee’s investments or capital gains or losses resulting from its management during the term of the current lease be taken into account when calculating the rental value.
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