Rental charges : rental charges are those incumbent on the tenant under a lease, either whether they are paid by him directly or whether they are paid by the lessor; in the latter case we speak of recoverable charges.
Leasing entails the obligation to pay rental charges. The list of recoverable charges was fixed by Decree_du_26_aout_1987 and which were the subject of the Law_du_6_juillet_1989 Article 23 of the law of July 6, 1989
The Court of Cassation declared that this list was exhaustive (Cass. 3e civ., November 27, 2002 , May 1, 2005 )
The rental charges are a function of the expenses actually incurred and therefore cannot be the subject of a fixed price in the lease contract.
The tenant’s charges
Maintenance of common areas (or collective services) which include:
– guarding and maintenance costs: 3/4 of the costs when the maintenance and elimination of rejects are provided by a guard or a janitor; the total cost when the maintenance and disposal of the rejections are ensured by a building employee;
– electricity, gas for common areas and rental of meters, heating (maintenance of boilers);
– maintenance of carpets, elevators, fireplaces, equipment and supplies used to maintain the cleanliness of buildings and green spaces;
Rental taxes : household waste removal, sweeping, sanitation fees.
Maintenance of individual parts (or individual supplies) including:
– hot and cold water depending on the consumption of the meters and the rents paid.
– rental, repair and maintenance of meters;
– heating: supply and maintenance (costs depending on the number and size of radiators);
– chimney sweeping;
– air conditioning;
– the telephone: subscription and communication;
– heavy maintenance;
– major repairs;
– renovation expenses;
– installation or replacement of equipment in common areas (carpet, windows, digital code, etc.);
– the paintings of the stairs;
– repair of acts of vandalism (cleaning of graffiti);
– renewal of water and heating installations in apartments and common areas;
– purchases of garbage cans;
– management costs and fees of trustees;
– the part of the guardian’s salary which is not payable by the tenant.
Payment of charges
In general, the tenant pays a monthly provision corresponding to the estimated amount of charges.
The owner shall, at least once a year, to a regularization of these charges. There is no sanction against the lessor: it is therefore up to the lessee to demand this regularization.
The lessor must allow the lessee to check the statement of charges in the month following the regularization by keeping all the supporting documents at his disposal.
Law of 6/7/1989: Art. 23, Decree of 26/8/1987.
An owner can claim rental charges for a period of 5 years.
A tenant who has regularly paid his charges can dispute this payment within 5 years, if he discovers anomalies or errors in the management of the owner’s accounts.