After the non-return of the security deposit and the disturbance of use, it is the disputes related to the rental charges that most often taint the relationship between the lessor and the tenant. To limit abuses, the legislator has strictly regulated the type of expenses that the owner can bill the occupant of his home.
This regulatory list applies to any rental of empty accommodation, but also to furnished accommodation whose lease has been signed since March 27, 2014 or before that date if the contract so provides.
An accurate listing
Of course, the tenant is first liable for the heating and water used for its consumption. But, in a collective building, it must also contribute to the costs generated by common facilities such as stairwells, the garbage bin, garages, the elevator and outdoor spaces. On the other hand, these expenses are limited to maintenance (electricity, water, cleaning and gardening products, weeding, cutting, etc.), out-of-pocket repairs and, to a certain extent, the costs of maintenance staff (concierge, caretaker, housekeeper).
Conversely, it is out of the question to invoice the occupant for facade repair work, replacement of letter boxes, disgorgement of sewage pipes or even rat extermination, which are the responsibility of the owners. Finally, the tax for the removal of household waste, the sweeping tax as well as the sanitation fee can be passed on to recoverable charges.
Annual regularization
Any lease for an empty dwelling must specify the amount provisioned each month for rental charges. This amount is calculated based on the figures agreed during the previous adjustment or the provisional budget if the accommodation is in joint ownership.
In addition to this advance which is added to his rent, the tenant must watch for the adjustment made each year according to actual expenses. The lessor is then required to send him a statement of charges one month before, specifying the distribution of costs between them. The occupant must in fact be able to verify that what he is being asked for is really attributable to him and understand the possible variations in amounts from one year to the next. Note: the lease of a furnished accommodation may provide for a fixed fee rather than a provision. But if it is insufficient, the lessor will not be able to ask the tenant for the supplement for leases signed since March 27, 2014.
Bisbilles galore
If things seem clear in theory, donors are often lax in practice. Between the absence of charges, costs wrongly claimed and a vague or late regularization, disputes are legion. Remember that once the statement has been sent, the owner must keep all the supporting documents (invoices, maintenance contract, etc.) at the disposal of the tenant for six months.
So do not hesitate to put your nose in it if the amount of the adjustment seems abnormal. Attention, the law allows the lessor to claim any arrears of charges for three years (against five before March 27, 2014). But if the adjustment is made late, the tenant can demand a payment spread over twelve months.
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Underestimated charges
Some tenants have the unpleasant surprise of undergoing particularly expensive charge adjustments. However, if for several years, the total amount committed for the maintenance of the common parts is equivalent, it is that they are foreseeable expenses. Logical consequence: the monthly provisions, fixed in the lease, should have been higher to meet the real cost of the occupation. It is therefore a fault of the lessor which can be penalized by the award of damages before the court. Better, however, upstream, insist, at the conclusion of the lease, to obtain the results of the previous adjustment and thus verify that the amount of charges is consistent.
Good to know: the list of rental charges can be viewed on Service-public.fr, in the section dedicated to the tenant's obligations.
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