The decree of August 26, 1987 establishes a limited list of recoverable charges. Any item not included is legally unenforceable against the tenant, even if it is clearly stated in the lease. This strict framework leaves no room for interpretation by the landlord, but it remains poorly understood by both parties, which fuels the majority of disputes in rental management.
Prescription and supporting documents: safeguards that the tenant must know
The recovery of rental charges is subject to a three-year prescription from the date they become due. A landlord who forgets to regularize for a year can no longer claim it beyond this period. This mechanism protects the tenant against late reminders concerning multiple accumulated years.
After sending the annual statement, the owner must make the supporting documents available for six months: invoices from the property manager, water bills, maintenance contracts. During this period, the tenant can demand to consult each document, on-site or digitally if an agreement exists. Refusing this access constitutes a breach of the landlord’s legal obligations.
We recommend systematically requesting the details of the statement upon receipt. An expense line not listed in the 1987 decree, even minor, justifies a written dispute. Find real estate advice on Buzzarium to delve deeper into the item-by-item breakdown.
Provision for charges and annual regularization in unfurnished rentals
In unfurnished rentals, the payment of recoverable charges operates exclusively through monthly provisions, followed by an annual regularization. The amount of the provision must be consistent with the actual expenses of the previous year or the budget approved in the co-ownership.
During the regularization, the landlord compares the total provisions paid to the actual charges of the past year. If the provisions exceed the expenses, they refund the overpayment. Conversely, the tenant pays a supplement. The statement must detail the distribution by nature of expense and by share when the housing is located in a co-ownership.
A late regularization remains due, but only within the limit of the three-year prescription. In practice, a landlord who regularizes two years late can claim the balance but loses any recourse on the third year if it falls outside the deadline.
Most common items in the statement
- Cold and hot water for communal use, including the costs of reading individual meters and routine maintenance of common area plumbing.
- Collective heating: fuel or energy, routine maintenance of the boiler room, minor repairs. Major boiler replacement works remain the responsibility of the owner.
- Elevator: electricity, periodic visits, minor repairs (buttons, fuses, door closers). The five-year technical inspection is not recoverable.
- Maintenance of interior and exterior common areas: cleaning, lighting, cleaning products, minor maintenance of green spaces.
- Household waste removal tax (TEOM), minus the portion corresponding to the non-recoverable waste management service.
Charge package in furnished rentals: a distinct mechanism
The furnished lease offers the landlord the choice between two billing methods: the provision with regularization (identical to unfurnished rentals) or the non-adjustable charge package. This package, once set in the contract, does not allow for any subsequent adjustments, neither in favor of the tenant nor in favor of the owner.
The amount of the package must remain consistent with the actual charges. An evidently overestimated package can be contested by the tenant before the departmental conciliation commission. However, if the actual charges exceed the agreed package, the landlord cannot claim the difference.
This particularity makes the package a simplified management tool, but it carries a financial risk for the landlord in case of rising energy or co-ownership costs. We observe that the majority of landlords in furnished rentals opt for the package for convenience, without always measuring the impact of prolonged underestimation.
Mobility lease and charges
The mobility lease, limited to a duration of one to ten months, mandatorily imposes the charge package. No regularization is possible, which simplifies the contractual relationship but requires a rigorous estimate from the outset.
Non-recoverable charges: expenses that remain with the owner
Any expense absent from the 1987 decree is non-recoverable. The fees of the property management company, rental management fees, non-occupying owner insurance premiums, and improvement or compliance works are solely the responsibility of the landlord.
A frequently disputed item concerns the maintenance costs of fire safety equipment in common areas. Only verification and minor routine maintenance are recoverable. The replacement of a fire extinguisher or the compliance of a smoke extraction system remains the responsibility of the owner.
Facade renovation, roof replacement, or complete refurbishment of a rising column are also not listed. If these items appear in a charge statement, the tenant is entitled to request their removal and reimbursement.
The division between recoverable and non-recoverable charges is based on a simple principle: the tenant pays for the current use of the housing and common areas, while the owner bears the preservation of the property. The 1987 decree remains the only reference text to resolve any doubt, and any clause in the lease that deviates from it is deemed unwritten.