Refund of Undue Charges for Tenants in France
If you are a tenant in France and your landlord demands service charges that were unfairly charged, you can act to obtain a refund. Start by requesting a detailed settlement of charges and written regularisation, keep all supporting documents (receipts, statements, photos) and note the dates of exchanges. If the landlord's response is unsatisfactory, propose conciliation with the departmental conciliation commission or bring the matter before the judicial court as appropriate. The 1989 law governs the landlord's obligations and the rules for regularising charges[1], and the official site provides templates for procedures and inventory reports useful to tenants[2].
What to do in practice?
Act methodically: request detailed accounts, gather evidence and try to resolve the issue amicably first. Document every exchange and set reasonable deadlines for the landlord's reply. If amicable exchanges fail, use conciliation before any court action.
- Request a written and detailed breakdown of the charges from the landlord.
- Keep all evidence: receipts, invoices, photos and written exchanges.
- Send a registered letter with acknowledgement of receipt or a formal e-mail to claim the refund.
- Propose referring the case to the departmental conciliation commission if the disagreement persists.
- Bring the case before the judicial court as a last resort to obtain an enforceable decision.
Respect statutory response times or those indicated in your correspondence, and note that most amicable procedures are recommended before initiating legal action.
FAQ
- Can a landlord claim charges several years after payment?
- You can dispute a late claim and request a detailed statement; the procedure depends on evidence and time limits, contact the departmental conciliation commission or the court.
- What supporting documents should I request from the landlord?
- Request receipts, invoices, service contracts and any document proving the expense or allocation of charges.
- What if the landlord accepts a partial refund?
- Obtain the agreement in writing specifying the amount and repayment schedule and keep it with your other evidence.
How to
- Request the breakdown: ask in writing for a detailed statement of charges from the landlord.
- Collect evidence: gather and organise all proofs (receipts, invoices, photos, exchanges).
- Send a formal claim: send a registered letter or a formal e-mail with acknowledgement of receipt.
- Attempt conciliation: if needed, refer the case to the departmental conciliation commission for an amicable solution.
- Go to court: bring the matter before the judicial court if conciliation fails and the claim remains unjustified.
Help and Support / Resources
- Service-public.fr - Rental charges
- Legifrance - Law n°89-462 of July 6, 1989
- Service-public.fr - Departmental Conciliation Commission