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Who has to pay the charges in a furnished rental?

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Who has to pay the charges in a furnished rental?
Rental or recoverable charges, in other words are the common expenses shared between the different owners or tenants of the building.

Rental charges are expenses that concern the tenant, but are initially paid by the landlord. The landlord is reimbursed by the tenant. If it is a residential lease (empty or furnished) or a mobility lease, the payment of charges by the tenant is made either by the payment of provisions for charges with annual regularization, or by lump sum.

Whatever the nature of the rental contract, empty or furnished, the exhaustive inventory is framed by decree. These may be common charges or private charges. Among the expenses that are recoverable:
  • Maintenance expenses: cleaning of common areas, maintenance of green spaces, repairs and maintenance: elevator, intercom, etc. 
  • Energy supply to private and common portions: cold water, hot water, heating, etc.
  • Taxes and fees: household waste collection tax.

During the drafting and elaboration of the contract, the expenses must be mentioned, as well as the allocation chosen. In furnished rentals, it is possible to set the charges to the flat rate or the actual.

What is the list of charges in furnished rentals?

Elevators and freight elevators:
  • Electricity
  • Periodic inspection, cleaning, semi-annual examination of cables
  • Supply of maintenance products or equipment (rags, greases and oils, cabin lighting lamps)
  • Minor repairs to the cab (change of send buttons, door hinges), landings (mechanical, electric or pneumatic door closers) and fuses
> The technical inspection to be carried out every 5 years is not a charge recoverable by the owner.

Cold water, hot water and collective heating:
  • Cold and hot water from all occupants
  • Water required for routine maintenance of common areas
  • Water required for routine maintenance of outdoor spaces
  • Products required for the operation, maintenance and treatment of water
  • Operation of general and individual meters and maintenance of flue gas scrubbers
  • Repairing leaks 

Individual installations :
  • Heating and hot water
  • Water distribution in the private areas (flow and temperature adjustment, troubleshooting, replacement of flush joints)

Interior common areas :
  • Electricity
  • Supply of cleaning products and disinsection and disinfection products
  • Maintenance of carpets, garbage chutes
  • Repair of cleaning equipment (e.g. vacuum cleaner)
  • Personal maintenance costs

Outdoor spaces (some expenses are the responsibility of the tenant: operating and maintenance expenses):
  • Parking areas
  • Green spaces
  • Children's play equipment

Taxes and fees
The expenses remaining the responsibility of the tenant:

What is the list of charges in empty rental?

Elevators and freight elevators (some expenses concerning the elevator may be passed on to the tenant):
  • Electricity
  • Periodic inspection, cleaning, semi-annual examination of cables
  • Supply of maintenance products or equipment (rags, greases and oils, cabin lighting lamps)
  • Minor repairs to the cab (change of send buttons, door hinges), landings (mechanical, electric or pneumatic door closers) and fuses
> The technical inspection to be carried out every 5 years is not a charge recoverable by the owner.

Cold water, hot water and collective heating (certain expenses recoverable from the tenant):
  • Cold and hot water for all occupants
  • Water required for routine maintenance of common areas
  • Water required for routine maintenance of outdoor spaces
  • Products required for the operation, maintenance and treatment of water
  • Operation of general and individual meters and maintenance of flue gas scrubbers
  • Repairing leaks

Individual installations (expenses to be borne by the tenant):
  • Heating and hot water production
  • Water distribution in the private parts (flow and temperature adjustment, troubleshooting, replacement of flush joints)

Interior common areas (expenses remaining the responsibility of the tenant in the common areas):
  • Electricity
  • Supply of cleaning products and disinsection and disinfection products
  • Maintenance of carpets, garbage chutes
  • Repair of cleaning equipment
  • Personal maintenance costs

Outdoor spaces :
  • Parking areas
  • Surroundings of green spaces
  • Children's play equipment

Taxes and fees (expenses remaining the responsibility of the tenant):

Who pays the charges for an empty home?

The payment of charges is made by provisions (regular advances of the same amount), with an annual adjustment.

Provisions for monthly expenses are set on the basis of the provisional budget and previous results.

The charges must be regularized at least 1 time per year by comparing:
  • The total provisions already requested by the landlord from the tenant
  • And the actual expenses incurred by the owner during the year

If the provisions are higher than the actual expenses, the landlord must return the overpayment to the tenant. Conversely, the owner asks for an addition.

One month before the annual adjustment, the landlord must communicate to the tenant:
  • The calculation of rental charges by type of charges (electricity, hot water, cold water, elevator, etc.)
  • The method of apportionment of charges between dwellings.
  • If necessary, an information note on how to calculate the collective heating and hot water loads.

At the request of the tenant, the owner must send the summary of the charges of the accommodation, by email or by mail.

Who pays the charges in residential leases?


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

In case of difficulties in paying his charges, the tenant can ask the owner for payment deadlines. If there is a dispute between the tenant and the landlord, it is possible to appeal (free of charge) to a conciliator of justice.

What are the expenses attributable to the tenant?

The tenant is responsible for the maintenance and minor repairs of the dwelling while the owner must bear the more important repairs. If it is necessary to replace the seal of a faucet, it is the tenant who must take care of it. If it is necessary to change the faucet, it is up to the owner to take care of it. 

In the lease agreement, the owner-lessor or lessor shall mention:
  • Rent "excluding charges" 
  • The amount of recoverable charges on the tenant

> Repairs at the expense of the tenant
> Repairs at the expense of the owner

What is the list of non-recoverable charges?

The lessor must assume:
  • Damage caused by dilapidated housing or equipment, construction defects
  • Charges that enhance the value of the building or dwelling itself
  • The replacement of tiles or slates, gutters, chimneys, balconies, terraces, shutters, doors, defective electrical installation, household equipment out of order.

Some works are administrative obligations (decree of 9 September 2004): connection to the sewer, burial of telephone or electrical lines, facelift, elevator upgrades, fire doors, etc.

Who pays the charges for mobility leases? 

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

In case of difficulties in paying his charges, the tenant can ask the owner for payment deadlines. If there is a dispute between the tenant and the landlord, it is possible to appeal (free of charge) to a conciliator of justice.

Rental charges vs private charges

Private charges are those that are the responsibility of a single co-owner, this is particularly the case for expenses for works of collective interest carried out on the private portions. It includes, for example, the costs related to the recovery of charges in the event of non-payment.

Private charges may also concern charges resulting from its own consumption (example: electricity).

What does rent include charges mean ?

Since the ALUR law of 2014, real estate agencies have the obligation to include the amount of the monthly rent, as well as the amount of recoverable charges under the mention "rent including charges".

This refers to collective dwellings, apartments and individual houses.
 
When the rental agreement says "charges included", it means that the amount takes into account the price of the rent and the amount of rental charges. The tenant pays the amount of his rent and pays a provision on charges.
 
The charges are:
  • Common energy expenditure: consumption of water, electricity, gas, heating
  • Maintenance of common areas: routine repairs to community facilities (elevator, guarding, repair of mailboxes, etc.)
  • Rental taxes: removal of household waste, sweeping tax, sanitation fee
Ce qu’il faut retenir :
  • Rental charges are expenses that concern the tenant, but are initially paid by the landlord. 
  • The landlord is reimbursed by the tenant.
  • If it is a residential lease or a mobility lease, the payment of charges by the tenant is made either by the payment of provisions for charges with annual adjustment, or by lump sum.
  • Whatever the nature of the rental contract, empty or furnished, the exhaustive inventory is framed by decree. 
  •  These may be common charges or private charges.
  • When drafting and drawing up the contract, the expenses must be mentioned, as well as the allocation chosen. 
  • In furnished rentals, it is possible to set the charges to the flat rate or the actual.

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