Enforcing housing rights: limits on rental prices in the case law of ECHR.

In recent years the rental market has experienced an exponential rise prices as a result of speculative processes. This has come into contradiction with the right to housing and states have adopted legislative measures to limit rents, limitations that have intensified by Covid-19. This paper deals with the weighting criteria used by the ECtHR in cases involving regulations that impose limits on private property in rental contracts. The starting point is that housing “in our modern societies is a central concern of social and economic policies”, then there is a legitimate State’ interest to regulate the rental market. From here, the ECtHR has developed a wide jurisprudence to enforce “a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights”. Within the framework of this weighting, this paper will expose the criteria exposed by the ECtHR to determine the legitimacy of the State limitations.