Overcrowded Rental Housing: What Does the Law Say in 2025?

Amid the housing crisis in France, many families are forced to live in cramped spaces. This situation, known as overcrowded rental housing, affects several million people and raises important legal questions. Can a lease be terminated due to overcrowding? What are the current rules in 2025?

What is considered an overcrowded dwelling?

A dwelling is considered overcrowded when its surface area is not sufficient to accommodate the number of occupants living there decently. According to the criteria set by the French Building and Housing Code, a home must meet the following conditions:

• 9 m² minimum for a single person;
• 16 m² for two people;
• + 9 m² for each additional occupant;
• 70 m² minimum for eight people or more.

These rules aim to ensure decent housing and to combat substandard living conditions. In fact, in 2023, INSEE estimated that more than 4.6 million people were living in overcrowded homes in France.

Can the landlord terminate the lease due to overcrowding?

The law is clear: a lease cannot be terminated solely due to overcrowding. Article L.1331-23 of the Law n°70-612 of July 10, 1970, states that no eviction can be carried out on this basis alone, unless serious health or safety risks to the occupants are proven.

However, there are two main scenarios:

• The lease specifies a maximum number of tenants that was intentionally exceeded from the start: the landlord may be held liable.
• The household composition changes over time (births, hosting family or friends): the landlord is not held responsible.

What to do if overcrowding is observed?

If you notice overcrowding, you may notify your tenant via registered letter with acknowledgment of receipt. While this letter cannot serve as grounds for lease termination, it may act as a document to alert social services and help the tenant secure housing that better suits their needs.

Conclusion: overcrowding and landlord rights in 2025

In conclusion, in 2025, overcrowded housing remains a common issue in large cities. While it does not justify lease termination on its own, it can highlight inadequate living conditions. Clear communication with your tenant and support from social services can help identify a lawful and humane solution.

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