Excess Service Charge for Tenants in France
As a tenant in France, it is common to receive service charge provisions covering water, common area maintenance and other expenses. If you believe the provisions are overestimated, you have concrete rights: request the supporting documents from the landlord, check the annual reconciliation, contest the amounts and, if necessary, bring the case to the departmental conciliation commission or the judicial court to decide [1]. This guide explains step by step how to check accounts, prepare evidence and pursue an amicable or judicial dispute, relying on the rules of the 1989 law and official resources in France [2].
What to do if your provisions are too high?
Start by asking the landlord for detailed supporting documents: water bills, maintenance contracts, collective heating invoices, etc. The law requires the lessor to produce the documents that justify recoverable charges.
- Ask for the supporting documents in writing and keep a copy of your request.
- Check the annual reconciliation: the landlord must compare provisions and actual charges and refund any overpayment or claim the balance.
- If documents are missing or incomplete, send a reminder by registered letter or certified electronic mail.
- If refused or if the disputed amount remains, seize the departmental conciliation commission or the judicial court.
Always request supporting documents in writing and keep timestamped copies.
Calculation and items to check
To determine if provisions are excessive, compare billed amounts with actual expenses and check the allocation provided in your lease or the condominium regulations.
- Unit amounts on bills: water, energy and maintenance contracts.
- Allocation between units: verify that the share applied to your accommodation is correct.
- Included services: distinguish recoverable charges from non-recoverable expenses.
- Period covered by the reconciliation: check the dates to which the invoices relate.
Reconciliation must relate to expenses actually incurred during the indicated period.
FAQ
- What is a service charge provision?
- An advance regularly paid by the tenant to cover current charges (water, maintenance, collective heating) adjusted later during the annual reconciliation.
- Must the landlord show me the supporting documents?
- Yes, the lessor must provide the supporting documents for recoverable charges if you request them.
- What if the reconciliation is incorrect?
- Request written explanations, follow up with the landlord, then contact the departmental conciliation commission or the judicial court if necessary.
How to proceed
- Request all supporting documents from the landlord in writing.
- Compare the provisions paid with the amounts actually invoiced.
- Send a formal request for reconciliation or refund if you identify an overpayment.
- If amicable dispute fails, contact the departmental conciliation commission then the judicial court if needed.
Respond to official correspondence in time to protect your rights.
Help and resources
- Service-public.fr - Charges locatives
- Legifrance - Law n6 89-462 of July 6, 1989
- Justice.fr - Bringing a case to the judicial court
