Legal Deadlines for Tenants — Charges in France
If you are a tenant in France and the advance on service charges shown by your landlord seems too high, it is important to know the legal deadlines, your rights and the steps to follow. This article explains, in plain language, how to request supporting documents for charges, check the annual adjustment, dispute an excessive amount and, if necessary, refer the matter to the departmental conciliation commission or the court. You will learn which documents to request, how to calculate the share that concerns you, and which deadlines to respect so as not to lose your rights as a tenant in France.
Que faire si la provision sur charges est trop élevée ?
Start by checking the breakdown of charges and the supporting documents provided by the landlord: invoices, rent receipts, consumption statements and service contracts. The landlord must justify the amounts claimed and carry out an annual adjustment when provided for in the lease [1].
- Request the supporting documents in writing (invoices, contracts, statements) corresponding to the period in question.
- Respect the deadlines to dispute: act as soon as you receive the adjustment and before paying an amount you consider abusive.
- Do not withhold rent arbitrarily without advice; favor written disputes and requests for payment adjustment.
- If the lease provides for an annual adjustment, check that the allocation method complies with the lease and the supporting documents.
If the landlord does not respond or refuses to provide supporting documents, you can refer the matter to the departmental conciliation commission or, as a last resort, the judicial court to dispute the amount [1]. The official Service-Public website explains the procedures and provides letter templates to request supporting documents or dispute an adjustment Service-public[2].
Pièces utiles et calculs
To verify an advance on charges, gather:
- Detailed invoices related to charges (water, maintenance, common area electricity, boiler maintenance).
- The lease and the appendix describing the allocation of charges between tenant and landlord.
- Consumption statements when the charge is linked to individual use.
FAQ
- What are my deadlines to dispute an advance on charges?
- You must dispute upon receipt of the adjustment or when you notice an anomaly; acting quickly encourages an amicable resolution via the departmental conciliation commission.
- Can the landlord request supporting documents?
- Yes, the landlord must provide the supporting documents for the charges he requests, and you can request copies at any time to verify the calculation.
- What if the landlord does not respond?
- Refer the matter to the departmental conciliation commission, then the judicial court if necessary.
How-To
- Request supporting documents: Write to the landlord asking for supporting documents and specifying the period in question.
- Wait for a response: Wait for a reasonable period (generally 15 days to a month) then follow up if necessary.
- Conciliation: Refer the matter to the departmental conciliation commission if the disagreement persists to try for an amicable solution.
- Judicial action: As a last resort, refer the matter to the judicial court to obtain a decision on the amount to be paid.
Key takeaways
- Always request written supporting documents to verify charges.
- Dispute promptly after receiving the adjustment to avoid losing rights.
- Prefer conciliation before judicial action.