Recoverable Charges and Tenants in France
Which charges are recoverable?
Recoverable charges are expenses paid by the landlord that the lease allows to be recharged to the tenant. They are strictly listed by regulation and mainly concern maintenance and the use of common areas or services related to the use of the dwelling.
- Collective heating and hot water production.
- Supply of cold and hot water.
- Maintenance and lighting of common areas.
- Elevator: maintenance and inspection visits.
- Management fees related to the service provided to the tenant when specified in the contract.
- Garbage collection tax billed to the landlord and then recovered.
Who pays what and how is reconciliation done?
The lease defines whether the tenant pays monthly or quarterly charge provisions. Each year, the landlord must reconcile provisions with actual expenses and provide supporting documents. If provisions are insufficient, the tenant may owe an additional amount; if they are excessive, the landlord must refund the overpayment.
Documents and evidence to request
The tenant can require supporting documents: invoices, maintenance contracts, collective consumption reports, or allocation schedules. The landlord must keep and present these documents to justify the amounts claimed.
- Detailed invoices and maintenance contracts.
- Consumption reports or heat allocators for heating.
- Allocation schedule between dwellings for common charges.
What to do in case of disagreement?
If you dispute a reconciliation, start by writing to the landlord requesting the supporting documents and explaining your disagreement. If the response is unsatisfactory, refer the matter to the departmental conciliation commission or bring a claim before the judicial court. Keep all evidence and payment records.
FAQ
- What is a recoverable charge?
- A recoverable charge is an expense paid by the landlord that, under regulation, may be recharged to the tenant (maintenance, water, heating, etc.).
- Can the landlord require provisions without supporting documents?
- Yes, he can request provisions, but he must justify the amounts during the annual reconciliation and provide supporting documents upon request.
- How long should I keep supporting documents?
- Keep receipts, invoices and written exchanges at least for the duration of the tenancy and until the next reconciliation in order to defend your case.
How to
- Gather your receipts, written exchanges and all invoices related to charges.
- Request the landlord in writing for detailed supporting documents and an allocation schedule.
- If the response is insufficient, contact the departmental conciliation commission or a local mediator.
- Take the matter to the judicial court if conciliation fails, presenting all the evidence.
Key takeaways
- Only charges listed by regulation are recoverable.
- Always ask for written supporting documents before paying an additional amount.
- Possible remedies: conciliation commission then judicial court.
