Water, heating, tax on household waste… The owner has the right to ask the tenant to pay costs that he has advanced. Explanations.
Water, heating, elevator, etc. These rental charges, also called “recoverable charges” in order to distinguish them from the expenses incumbent on the lessor, are, in most cases, advanced by the owner but owed by the tenant. The latter pays them in the form of monthly provisions, which are then regularized each year, except in the case of a furnished lease where the charges can be fixed at a fixed rate.
The annual regularization is done according to the actual expenses incurred by the lessor. He must then pay the overpayment to the tenant, by deducting it for example from the next rent, or request money from him if the expenses have been underestimated due, for example, to the increase in the price of the property. energy. “It is enough to send a letter to the tenant providing him with the statement of charges for the main items, and make the supporting documents available to him for 6 months,” explains Daniel Rodrigues, housing lawyer for the consumer association CLCV (consumption, housing, living environment).
A period of up to three years
The limitation period for payment of actual charges due is 3 years.
- For the tenant, the starting point begins from the regularization of charges. If your landlord regularized 2020 charges in November 2022, and you do not agree with the amount deducted, you have until November 2025 to claim them.
- For the lessor, when the accommodation is in co-ownership, the starting point of the 3-year period is the date on which the general meeting approved the accounts. For example, if the general meeting approves charges for 2023 in 2024, the lessor will be able to request payment from the tenant until 2027, even if he has left the apartment and handed over his security deposit.
Please note: even if he does not do so the following year, the lessor has three years to ask his tenant for payment of unpaid rent. Not to be confused with the annual rent review.
In the event of a dispute, do not hesitate to contact a local consumer association who can provide you with information. You can also contact the departmental conciliation commission.
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