Which charges can the landlord recover from the tenant and how are they reconciled?

An exhaustive list set by decree

Article 23 of the Act of 6 July 1989 sets out the principle: recoverable charges are payable in return for services rendered, routine maintenance expenses and minor repairs, and certain taxes. Their list is set exhaustively by Decree No. 87-713 of 26 August 1987: anything not listed there cannot be charged to the tenant. It is organized around three families:

• Services related to the use of the dwelling and the building: cold and hot water, collective heating, electricity for common areas, elevator (electricity, operation, minor repairs)
• Routine maintenance and minor repairs of common areas and outdoor spaces: cleaning, green spaces, pest control, equipment maintenance
• Taxes corresponding to services the tenant benefits from: household waste collection tax, street-sweeping tax, sanitation fee

What remains the landlord's responsibility

The following remain the sole responsibility of the owner: major works and facade renovation, condominium manager fees and rental management costs, the building's insurance premium, and the property tax (excluding the household waste collection tax). Special case of staff: the remuneration of a caretaker or concierge is recoverable up to 75% if they carry out both the maintenance of common areas and the removal of waste, and up to 40% if they carry out only one of these two tasks; that of a building employee is recoverable in full, under the conditions set by the decree.

Monthly provisions and annual reconciliation

In practice, the tenant pays a provision for charges each month, the amount of which must be justified: the results of the previous reconciliation and, in a condominium, the provisional budget. The landlord must then reconcile at least once a year by comparing the provisions collected against the actual expenses.

One month before the reconciliation, the landlord provides the tenant with the breakdown by type of charge and, in collective buildings, the method of allocation among tenants. From the sending of this breakdown, the supporting documents (invoices, maintenance contracts) must be made available to the tenant for six months. If the provisions exceed the actual expenses, the overpayment must be refunded; conversely, the tenant owes the difference.

Late reconciliation and the three-year limitation period

All actions arising from the lease are subject to a three-year limitation period (Article 7-1 of the 1989 Act): the landlord may claim outstanding charges within this limit, and the tenant may claim the refund of an overpayment within the same limit.

Furthermore, when the reconciliation has not been carried out before the end of the calendar year following the year in which the charges became due, Article 23 allows the tenant to demand payment in twelfths, that is, spread over twelve months.

For furnished rentals, Article 25-10 allows a flat-rate charge, paid at the same time as the rent: it gives rise to no reconciliation or additional payment, and its amount must not be manifestly disproportionate to the actual charges. The same mechanism exists in shared tenancy (Article 8-1).