Tenant Rights in France: Excess Service Charges

As a tenant in France, it is common to worry when service charge provisions appear too high. You have rights: request supporting documents, demand the annual adjustment and dispute unjustified amounts. This article explains step by step how to read your service charge statement, which documents to request from the landlord, common errors to look for (general charges, management fees, collective consumption), and which steps to take if the landlord refuses to correct the amount. We also present the deadlines to respect, amicable remedies via the departmental conciliation commission and judicial options before the tribunal judiciaire. The goal: to give you concrete and understandable actions to recover amounts wrongly charged.

Your rights and the landlord's obligations

The landlord must justify recoverable charges and carry out an adjustment at least once a year. You can request detailed supporting documents and challenge fees that do not comply with the rules provided by the 1989 law and its implementing texts.^[1] In practice, the adjustment must be accompanied by supporting documents (invoices, contracts, allocations) that the landlord must provide on request.

Documents to check

Before any dispute, ask for and examine the following documents:

• Statement and accounting documents detailing the recoverable charges (heating, water, maintenance of common areas).
• Supplier invoices and maintenance contracts corresponding to the billed items.
• Allocation of charges between units or the allocation rules set out in the condominium regulations if applicable.

Common errors

Common anomalies include unjustified management fees, investment costs wrongly charged, or an incorrect allocation key. Check each line of the adjustment and request an explanation if a figure seems abnormal.

Steps to dispute

Follow these clear steps to dispute an excessive provision:

1. Request the supporting documents from the landlord in writing and keep proof of your request.
2. Review the lease and check the clause relating to charges and adjustment.
3. If the response is insufficient, send a registered letter requesting an explanation and a proposed adjustment.
4. If the dispute continues, contact the departmental conciliation commission for an attempt at amicable mediation.^[3]
5. As a last resort, start proceedings before the tribunal judiciaire to obtain reimbursement of wrongly collected amounts.

Timing and deadlines

Service charge adjustments are typically annual; check the reference period shown on your statement. If the landlord delays the adjustment, you can request a detailed account covering the relevant period. The limitation period for actions related to charges is generally three years from the contested payment.

FAQ

What if my landlord refuses to provide supporting documents for charges?

Follow up in writing and, if necessary, turn to the departmental conciliation commission or the tribunal judiciaire to obtain the documents and the adjustment.

Can I withhold part of the rent while waiting for the adjustment?

It is risky to unilaterally withhold rent; prefer a formal notice and conciliation, then legal action if the landlord does not respond.

Which supporting documents should I obtain?

Supplier invoices, collective consumption statements, maintenance contracts and the method of allocation between dwellings.

How to

1. Check your statement and the adjustment period by comparing the relevant months.
2. Request the precise supporting documents in writing (invoices, contracts, allocation).
3. Analyze the documents received and note numerical inconsistencies.
4. Send a registered letter asking for reimbursement or correction if an overcharge is established.
5. Refer the matter to the departmental conciliation commission and, if needed, the tribunal judiciaire.^[2]

Key takeaways

• You can request all supporting documents for recoverable charges.
• Annual adjustment must be explained and justified by the landlord.
• The departmental conciliation commission is a recommended amicable step before court.

Help and support

• [1] Service-public.fr - Charges locatives
• [2] Legifrance - Loi n° 89-462 du 6 juillet 1989
• [3] Service-public.fr - Commission départementale de conciliation

1. [1] Service-public.fr - Charges locatives
2. [2] Legifrance - Loi n° 89-462 du 6 juillet 1989
3. [3] Service-public.fr - Commission départementale de conciliation