Who has to pay the rental charges?

There are various rental charges, which are incurred and paid by the landlord and then potentially recovered from the tenant. Directe Location, a direct rental agency located in Talence and Bordeaux, offers you the opportunity to take stock of these rental charges, and more particularly of the charges to be paid by the owner and those to be paid by the tenant.

Provisions on charges

The tenant has to pay a monthly provision for charges, in particular for water and gas, with his rent. The amount of these provisions is calculated annually according to the figures of the previous year, while the rent is monthly. This is why, as Directe Location reminds us, there is a system of provision and regularization of rental charges.

Once a year, the tenant receives an annual tenant service charge settlement by mail. This is the time for service charge accrual and deferral. There can be two situations:

  • The amount paid by the tenant exceeds the amount of the service charges. In this case, the landlord must reimburse the amount overpaid;
  • The amount of the charges is higher than the amount paid by the tenant. The latter must then pay the supplement to the owner.

It should be noted that the landlord has the possibility of claiming the payment of the rental charges over a period of 3 years (Alur law), this is also the period during which the tenant can contest the amounts of the provisions on charges by means of a registered letter with acknowledgement of receipt.

Similarly, it should also be noted that the landlord must provide the tenant with the necessary supporting documents (maintenance contracts, invoices, etc.) for a period of 6 months after sending the rental charges statement. The jurisprudence recognizes moreover that the tenant is in the obligation to pay the charges only if he has been informed in detail. If the dwelling is in a co-ownership, the share of each lot must be clearly indicated.

The various rental expenses

Certain expenses incurred by the owner cannot be recovered from the tenant. This is notably the case for :

  • The conservation in the state or the improvement of the good (big works, restoration…);
  • The management and administration of the building (insurance, trustee’s fees…);
  • New security equipment (fire doors, armoured doors…);
  • Work to bring the building up to standard (elevator, fire protection…);
  • The guarding and security;
  • Repair work following acts of vandalism.

On the other hand, certain expenses can be claimed from the tenant. These are detailed in Decree 87-713 of 26 August 1987. The landlord can then turn to the tenant for sweeping and garbage taxes, expenses for consumables or maintenance and small repairs to common areas.

For more serenity, and to avoid potential conflicts, it is advisable to include these expenses and reimbursement of rental charges in the rental lease. It is also a good idea to get information from professionals, such as Directe Location, who will be able to provide you with the necessary information.

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