You receive a very important reminder of charges, is it possible to contest it? Frédéric-Pierre Vos, founding lawyer of LVI, answers this question of real estate law.
Can the owner send a reminder of charges concerning several years?
In principle, charges are regularised annually, but as there is no penalty, the owner can decide to claim three years of recoverable charges under the Allure law.
However, the tenant may contest this amount if he considers that the charges are not recoverable or that the amount appears excessive.
What are recoverable charges?
These are charges that are related to the normal use of the accommodation such as water supply, charges related to the use of common areas or charges related to the use of collective equipment such as the lift. They may also be charges related, for example, to charges for services used by the landlord such as garbage collection tax.
All other charges are not recoverable charges and therefore the tenant must check the detailed statement of charges sent to him by the landlord.
How can tenants check?
The tenant can check because the landlord, for a period of six months, must make the supporting documents available to him.
Is the tenant obliged to pay in full at once?
No, the tenant can ask for a spread over 12 months. He can also go to court to ask for compensation for the owner’s negligent attitude or that the regularisation is unfair and brutal.
What are the tenant’s specific recourses?
The tenant who contests must send a registered letter with acknowledgement of receipt to explain these disputes and request a new detailed statement. If he doesn’t get it, he can decide on his own not to pay this reminder of charges and can also refer the matter to the departmental conciliation commission to try to reach an agreement with the landlord. If conciliation is not possible, then he will have to go to court.
Thanks to Frédéric-Pierre Vos, you now know how to contest a reminder of excessive charges.
