rental charges
LexInter | October 17, 2007 | 0 Comments

RENTAL CHARGES

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.

Rental 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;

Owner’s charges

– 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.

Prescription

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.

JURISPRUDENCE

REMUNERATION_DES_GARDIENS

ELECTROGEN_GROUPE_DENTRETIEN_FRAIS

GREEN_SPACES_DENTRETIEN_FRAIS

FEES_DE_TELEALARME_ET_DE_TELESURVEILLANCE

.FRAIS_DABONNEMENT_DUNE_LIGNE_TELEPHONIQUE_IN_LA_LOGE

PERSONNEL_AND_MARGE_EXPENSES

OBLIGATION_DE_MISE_A_DISPOSITION INDIVIDUELLE_DES_PECES_JUSTIFICATIVES

PRESCRIPTION_QUINQUENNALE_DE_LACTION_EN_PAIEMENT_DES_CHARGES_LOCATIVES

MPOSSIBILITE_DE_RENONCIATION_DES_LOCATAIRES_A_OBTENIR_LES_JUSTIFICATIFS_DES_CHARGES_LOCATIVES

The Court of Cassation (Cass. 3e civ., Jan. 25, 2006) held that the lessor was entitled to request full compensation for the damage caused to him by the non-performance by the lessee of the rental repairs provided for in the lease, that his compensation is not subject to the execution of these reparations and that it is up to the judge to assess the amount of damage which he finds in principle to exist.

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