Tenant Refund for Wrong Charges — France
As a tenant in France, you may be surprised to find that your landlord has collected service charges that you consider unjustified. This guide explains, in plain terms, how to verify amounts, which documents to gather, which deadlines to respect and which administrative or litigation steps to take to obtain a refund. We discuss the applicable law, useful evidence (statements, invoices, inventory reports), the possible mediation via the departmental conciliation commission and remedies before the judicial court. The objective is to give you practical steps to act effectively, protect your rights and avoid common mistakes when contesting wrongly charged fees in France.
Your rights and the legal framework
Law n°89-462 of July 6, 1989 governs residential leases and specifies the landlord's and tenant's obligations regarding service charges [1]. For practical summaries and templates, consult the official pages on Service-public.fr and the fact sheets related to service charges Service-public [2].
When to request a refund
You can request a refund as soon as you notice an unjustified charge or a poorly explained adjustment during the annual reconciliation or after a separate account review. Act quickly: certain limitation periods apply and contesting is easier with recent documents.
Preparing a file
A solid file increases your chances of success. Gather the following items:
- Charge statements and rent receipts for the disputed period.
- Copies of invoices or contracts (heating, water, common area maintenance).
- Move-in and move-out inventories, exchanged letters and photos if relevant.
- Clear calculations showing the gap between the amount paid and the justified amount.
Letter and deadlines
Start with a written, reasoned claim sent to the landlord by registered mail with acknowledgment of receipt. If the response is insufficient, the departmental conciliation commission may be seized, then, as a last resort, the judicial court. Respect the indicated deadlines and attach your evidence to the letter [3].
FAQ
- What if the landlord does not respond to my refund request?
- Follow up in writing, seize the departmental conciliation commission, then, if necessary, the judicial court to request the refund and, where appropriate, interest.
- Which documents are priority to prove a wrongly charged fee?
- Rent receipts, detailed invoices and inventory reports are essential to compare requested sums and justify the dispute.
- Are there costs to seize the commission or the court?
- Seizing the departmental conciliation commission is free; court costs may apply if the case goes to trial.
How to
- Gather all evidence (receipts, invoices, inventory reports) and verify calculations.
- Send a reasoned registered letter to the landlord requesting the refund and a breakdown of charges.
- Keep all written communications as evidence while awaiting a response.
- Seize the departmental conciliation commission if the dispute is not resolved amicably.
- If necessary, prepare a court file for the judicial court attaching all evidence and conciliation attempts.
- Follow up the decision and, if a refund is ordered, check execution and request interest if justified.
Key takeaways
- Act quickly and keep all supporting documents as soon as you notice an anomaly.
- Favor an amicable resolution before starting judicial proceedings.
- Use the departmental conciliation commission to try to resolve the dispute for free.
Help and resources
- Service-public: service charge information and reconciliation
- Legifrance: texts and rental law
- Justice.fr: procedures before the judicial court