The legal caps that many agencies ignore
Since the 2014 ALUR law, estate agent fees charged to tenants are strictly capped. These caps apply per square metre of living space: €12/m² in very tense zones (Paris and inner suburbs), €10/m² in tense zones, €8/m² outside tense zones. For a 30m² flat in Paris, fees cannot exceed €360. Anything above that is illegal and recoverable.
What the agency cannot charge you for
The list of services billable to tenants is exhaustive. Permitted: visit fees, file preparation, tenancy agreement drafting and checkout inspection — all within the overall cap. Prohibited: separate "administrative" fees above the cap, "file management" charges, document sending fees, reminder fees, or any invented charges.
How to calculate whether you were overcharged
Take the living area stated in your tenancy agreement (not the loi Carrez area), multiply by the cap applicable to your zone, and compare with what you actually paid the agency. If you overpaid, the difference is recoverable. Keep all payment evidence: receipts, bank transfers, rent receipts.
The challenge procedure
First step: a recorded letter to the agency citing the ALUR law precisely and demanding repayment of the overpayment within 15 days. If the agency refuses or doesn't respond, report them to your local DDPP (Direction Départementale de la Protection des Populations) — they can fine agencies charging illegal fees. In parallel, contact the real estate mediator or your local tribunal judiciaire.
Limitation period: watch the deadline
You have 5 years from the date of payment to claim a refund of illegal fees through the courts. If your tenancy was less than 5 years ago, check now whether you were overcharged — a refund is possible even if you've since left the property.