Charges payable by the tenant (charges ‘leasehold or recoverable’)

Verified 01 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Rental charges (or recoverable charges) are expenses due by the tenant, but initially paid by the landlord (or his representative). The landlord (or his representative) is reimbursed for these expenses by the tenant. The method of payment of these charges is different, depending on whether it is an empty or furnished residential lease.

Example :

  • Recoverable charge: water used by the person cleaning the common areas of the building
  • Non-recoverable charge: electricity used by the tenant in the dwelling (each tenant must subscribe with a distributing company)

Empty rented housing

Real estate employee (not housed on site) or caretaker/concierge (resident on site)

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Real Estate Employee

The salary paid to the building employee, and the related social security and tax charges, are fully recoverable (100%) by the owner.

But some expenses are not included as recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and bonuses
  • Redundancy payments
  • Contribution to a mutual fund paid by the employer or by the company committee
  • Participation of the employer in the company Committee
  • Employer participation in construction effort
  • Contribution to occupational medicine

Caretaker or janitor (with an official accommodation)

The wages paid to the caretaker and the related social and tax charges are recoverable by the owner to:

  • 75% of their amount, if the caretaker ensures the cleaning of the common areas and takes the containers out of the garbage,
  • 40% of their amount, if it performs only one of these two tasks.

However, some expenses are not included as recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and bonuses
  • Redundancy payments
  • Contribution to a mutual fund paid by the employer or by the company committee
  • Participation of the employer in the company Committee
  • Employer participation in construction effort
  • Contribution to occupational medicine
Elevators and lifts

Some expenses related to the elevator can be passed on to the tenant. In particular:

  • Electrical
  • Operation of the aircraft (periodic inspection, cleaning, semi-annual examination of wires, maintenance company record of technical inspections, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils needed, cabin lighting lamps)
  • Minor repairs to the cab (change of dispatch buttons, door hinges), bearings (mechanical, electrical or pneumatic door closures) and fuses

FYI  

The technical inspection to be carried out every 5 years is not a charge recoverable by the owner.

Cold water, hot water and district heating

Some expenses related to water and heating are recoverable from the tenant, including:

  • Cold and hot water for all occupants
  • Water required for routine maintenance of common areas, including the treatment plant
  • Water required for routine maintenance of outdoor spaces
  • Products necessary for the operation, maintenance and treatment of water
  • Supply of energy whatever its nature
  • Operation of general and individual meters and maintenance of smoke purifiers
  • Seal Leak Repair
Individual installations

With regard to individual installations, the expenditure remaining to be borne by the tenant relates in particular to the following:

  • Heating and hot water production
  • Water distribution in private areas (control of connections, flow rate and temperature adjustment, troubleshooting, replacement of bell seals of flushing)
Internal common areas

The expenses remaining to be borne by the tenant in the common parts of the building concern in particular those concerning the following elements:

  • Electrical
  • Provision of cleaning products (brooms and bags for waste disposal) and disinsectization and disinfection products
  • Maintenance of timer, carpets, garbage empties
  • Repair of cleaners such as vacuum cleaners
  • Maintenance personnel costs
Outdoor spaces

For outdoor spaces, certain expenses are borne by the tenant, including operating and maintenance expenses for the following:

  • Taxiways
  • Parking areas
  • Approaches to green spaces
  • Children's playground equipment
Taxes and fees

The remaining expenses to be borne by the tenant include:

Warning  

in the case of social housing (e.g. low-cost housing), this list may be supplemented by the provisions of a collective agreement.

The expenses are paid by provisions (regular advances of the same amount), with an annual adjustment.

The amount of rental charges recovered by the landlord (or his representative) must be justified.

Provisions and supporting documents

The owner (or his representative) shall fix the amount of the provisions for monthly charges, based on the estimated budget and the previous results agreed at the time of the previous accrual of charges.

FYI  

In a building equipped with devices for individualizing the removable costs of heating, cooling or domestic hot water, the landlord (or the real estate agency) must transmit every month to the tenant information on the consumption of heat, cold or domestic hot water.

Annual regularization and supporting documents

Loads must be adjusted at least once a year comparing:

  • The total of the provisions already requested by the owner (or his representative)
  • And the actual expenses incurred by the owner during the year

FYI  

In a building, where the water supply contract is not individualized, the owner (or his representative) must transmit, once a year, the water invoice and the water quality information communicated to him by the municipality or theEPCI: titleContent competent (the trustee, where the unit is in a condominium.

If the provisions are higher than actual spending, the owner (or his representative) must repay the overpayment.

If the provisions are less than actual spending, the owner (or his representative) requests an addition.

One month before the annual regularization, the owner (or his representative) must provide the following information:

  • The count of rental charges by nature of charges (electricity, hot water, cold water, elevator...)
  • How loads are distributed between the housings. And, if necessary, an information note on how to calculate heating and collective hot water loads.

At the request of the tenant, the landlord (or his representative) must send him the summary of the charges of the accommodation, by mail or by post.

During the 6 months following the sending of the statement, the owner (or his representative) must keep all the supporting documents at the disposal of the tenant.

Late regularization

The landlord (or his representative) can claim for 3 years the payment of charges or rents, including after the final departure of the tenant from the dwelling. For example, charges from July 2023 can be claimed by the owner until July 2026.

FYI  

This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.

Late regularization of charges is possible regardless of the cause:

  • Forgotten
  • Ignorance
  • Neglect

But the protection litigation judge may refuse a late reminder of charges if it considers that such a reminder is unfair, brutal and consequential on the fault of the owner (or his representative) in the execution of the lease (for example, when the tenant has requested regularization of charges and the owner has not replied to him).

Where the adjustment of charges has not been made before the end of calendar year according to the year in which they become due, the tenant may require payment over 12 months.

To do this, he must send a letter to the owner (or his representative) by registered mail with acknowledgement of receipt. He can use the following letter template:

Letter to request a delay in paying a significant lease reminder

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him.

For example, a rent (or expense) debt from July 2024 can be claimed until July 2027.

FYI  

If the landlord (or real estate agency) has not revised the rent on the date stipulated in the lease, he can only do it within one year.

Furnished rented accommodation

Real estate employee (not housed on site) or caretaker/concierge (resident on site)

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Real Estate Employee

The salary paid to the building employee, and the related social security and tax charges, are fully recoverable (100%) by the owner.

But some expenses are not included as recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and bonuses
  • Redundancy payments
  • Contribution to a mutual fund paid by the employer or by the company committee
  • Participation of the employer in the company Committee
  • Employer participation in construction effort
  • Contribution to occupational medicine

Caretaker or janitor (with an official accommodation)

The wages paid to the caretaker and the related social and tax charges are recoverable by the owner to:

  • 75% of their amount, if the caretaker ensures the cleaning of the common areas and takes the containers out of the garbage,
  • 40% of their amount, if it performs only one of these two tasks.

However, some expenses are not included as recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and bonuses
  • Redundancy payments
  • Contribution to a mutual fund paid by the employer or by the company committee
  • Participation of the employer in the company Committee
  • Employer participation in construction effort
  • Contribution to occupational medicine
Elevators and lifts

Some expenses related to the elevator can be passed on to the tenant. In particular:

  • Electrical
  • Operation of the aircraft (periodic inspection, cleaning, semi-annual examination of wires, maintenance company record of technical inspections, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils needed, cabin lighting lamps)
  • Minor repairs to the cab (change of dispatch buttons, door hinges), bearings (mechanical, electrical or pneumatic door closures) and fuses

FYI  

The technical inspection to be carried out every 5 years is not a charge recoverable by the owner.

Cold water, hot water and district heating

Some expenses related to water and heating are recoverable from the tenant, including:

  • Cold and hot water for all occupants
  • Water required for routine maintenance of common areas, including the treatment plant
  • Water required for routine maintenance of outdoor spaces
  • Products necessary for the operation, maintenance and treatment of water
  • Supply of energy whatever its nature
  • Operation of general and individual meters and maintenance of smoke purifiers
  • Seal Leak Repair
Individual installations

With regard to individual installations, the expenditure remaining to be borne by the tenant relates in particular to the following:

  • Heating and hot water production
  • Water distribution in private areas (control of connections, flow rate and temperature adjustment, troubleshooting, replacement of bell seals of flushing)
Internal common areas

The expenses remaining to be borne by the tenant in the common parts of the building concern in particular those concerning the following elements:

  • Electrical
  • Provision of cleaning products (brooms and bags for waste disposal) and disinsectization and disinfection products
  • Maintenance of timer, carpets, garbage empties
  • Repair of cleaners such as vacuum cleaners
  • Maintenance personnel costs
Outdoor spaces

For outdoor spaces, certain expenses are borne by the tenant, including operating and maintenance expenses for the following:

  • Taxiways
  • Parking areas
  • Approaches to green spaces
  • Children's playground equipment
Taxes and fees

The remaining expenses to be borne by the tenant include:

The type of lease partly determines how recoverable charges are paid:

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It's a mobility lease

In the case of a mobility lease, the rental charges are paid to the landlord in the form of a lump sum paid simultaneously with the rent.

It's a residential lease

The lease provides for a lump sum payment

The amount of the package must be entered in the lease. It must not be disproportionate to the amount of charges applied to the previous tenant.

The package must not be accompanied by a supplement to be paid or by subsequent adjustment.

The package must be paid at the same time as the rent. The frequency of payment shall be indicated in the lease.

The amount of the package can be reviewed annually on the same terms as the rent.

The lease provides for payment by provision (with annual adjustment)

The amount of rental charges recovered by the landlord (or his representative) must be justified.

Provisions and supporting documents

The owner (or his representative) shall fix the amount of the provisions for monthly charges, based on the estimated budget and the previous results agreed at the time of the previous accrual of charges.

FYI  

In a building equipped with devices for individualizing the removable costs of heating, cooling or domestic hot water, the landlord (or the real estate agency) must transmit every month to the tenant information on the consumption of heat, cold or domestic hot water.

Annual regularization and supporting documents

Loads must be adjusted at least once a year comparing:

  • The total of the provisions already requested by the owner (or his representative)
  • And the actual expenses incurred by the owner during the year

FYI  

In a building, where the water supply contract is not individualized, the owner (or his representative) must transmit, once a year, the water invoice and the water quality information communicated to him by the municipality or theEPCI: titleContent competent (the trustee, where the unit is in a condominium.

If the provisions are higher than actual spending, the owner (or his representative) must repay the overpayment.

If the provisions are less than actual spending, the owner (or his representative) requests an addition.

One month before the annual regularization, the owner (or his representative) must provide the following information:

  • The count of rental charges by nature of charges (electricity, hot water, cold water, elevator...)
  • How loads are distributed between the housings. And, if necessary, an information note on how to calculate heating and collective hot water loads.

At the request of the tenant, the landlord (or his representative) must send him the summary of the charges of the accommodation, by mail or by post.

During the 6 months following the sending of the statement, the owner (or his representative) must keep all the supporting documents at the disposal of the tenant.

Late regularization

The landlord (or his representative) can claim for 3 years the payment of charges or rents, including after the final departure of the tenant from the dwelling. For example, charges from July 2023 can be claimed by the owner until July 2026.

FYI  

This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.

Late regularization of charges is possible regardless of the cause:

  • Forgotten
  • Ignorance
  • Neglect

But the protection litigation judge may refuse a late reminder of charges if it considers that such a reminder is unfair, brutal and consequential on the fault of the owner (or his representative) in the execution of the lease (for example, when the tenant has requested regularization of charges and the owner has not replied to him).

Where the adjustment of charges has not been made before the end of calendar year according to the year in which they become due, the tenant may require payment over 12 months.

To do this, he must send a letter to the owner (or his representative) by registered mail with acknowledgement of receipt. He can use the following letter template:

Letter to request a delay in paying a significant lease reminder

In the event of difficulties in paying his charges, the tenant can ask the owner for payment periods. If the tenant and the owner have trouble talking to each other, it is possible to call (free of charge) on a conciliator of justice to help them find the best solution together.

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him.

For example, a rent (or expense) debt from July 2024 can be claimed until July 2027.

FYI  

If the landlord (or real estate agency) has not revised the rent on the date stipulated in the lease, he can only do it within one year.

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