Real estate agency fees on the rental of a dwelling

Verified 15 December 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The real estate agency freely sets its rates. When a dwelling is rented out (residential lease or mobility lease), certain costs may be shared between the owner and the tenant (visiting the dwelling, creating the tenant's file, drafting the lease, inventory of the place of entry). Other fees (e.g., ad distribution ...) are paid in full by the owner.

The real estate agency freely sets its rates.

These rates must be displayed in a visible and legible manner:

  • At the entrance to the agency's premises
  • From the outside on the agency window
  • On each advertising window located outside the agency
  • In fairs or trade fairs

Prices must be indicated TTC: titleContent.

For each service, it must be specified who must pay (owner, tenant, sub-tenant).

When the entry is made through a professional (real estate agent...), part of the costs must be paid by the tenant.

However, the proportion paid by the tenant may not exceed:

  • half of the fees charged by the real estate agency
  • and a maximum amount, of €3 TTC: titleContent per m² of living space.

Example :

For a house is 25 m², if the inventory is invoiced €170 TTC:

  • Half of the fees charged are equal to €170 / 2 = €85
  • The maximum amount attributable to the tenant is: 25 x €3 = €75

So the tenant has to pay €75 (because €75 is less than €85) and the owner must pay the remaining amount, either €95 (obtained by €170 - €75).

Example :

For a house is 25 mths², if the inventory is invoiced €100 TTC:

  • Half of the fees charged are equal to €100 / 2 = €50
  • The maximum amount attributable to the tenant is: 25 x €3 = €75

So the tenant has to pay €50 (because €50 is less than €75) and the owner must pay the remaining amount, either €50 (obtained by €100 - €50).

You can help yourself with this simulator:

Real estate rental: share the costs of the state of the premises

Please note

if an amicable state of affairs is not possible, then call in a commissioner of justice (formerly bailiff and judicial auctioneer). The costs requested by the Commissioner of Justice will be shared by half between tenant and landlord.

The amount of the fees charged by the real estate agency for the visit of the accommodation by the tenant, the creation of his file and the drafting of the lease can be shared between the tenant and the owner.

The amount paid by the tenant may not exceed:

  • half of the fees charged by the real estate agency
  • and a maximum amount, calculated from a price TTC: titleContent per m2 of living space. This price per m2 varies depending on the area where the housing is located (very tense, tense or non-tense area).
Very tense area

€12 Maximum VAT per m2

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €500 TTC, then:

  • Half of the fees charged are equal to €500/ 2 = €250
  • The maximum amount attributable to the tenant is equal to 25 x €12 = €300

So the tenant has to pay €250 (because €250 is less than €300) and the owner must pay €250 (obtained by €500 - €250).

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €700 TTC, then:

  • Half of the fees charged are equal to €700/ 2 = €350
  • The maximum amount attributable to the tenant is equal to 25 x €12 = €300

So the tenant has to pay €300 (because €300 is less than €350) and the owner must pay the remaining amount, either €400 (obtained by €700 - €300).

Stretched area

€10 Maximum VAT per m2

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €400 TTC:

  • Half of the fees charged are equal to €400/ 2 = €200
  • The maximum amount attributable to the tenant is equal to 25 x €10 = €250

So the tenant has to pay €200 (because €200 is less than €250) and the owner must pay the remaining amount, either €200 (obtained by €400 - €200).

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €600 TTC:

  • Half of the fees charged are equal to €600/ 2 = €300
  • The maximum amount attributable to the tenant is equal to 25 x €10 = €250

So the tenant has to pay €250 (because €250 is less than €300) and the owner must pay the remaining amount, either €350 (obtained by €600 - €250).

Other situation

€8 Maximum VAT per m2

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €300 TTC:

  • Half of the fees charged are equal to €300/ 2 = €150
  • The maximum amount attributable to the tenant is equal to 25 x €8 = €200

So the tenant has to pay €150 (because €150 is less than €200) and the owner must pay the remaining amount, either €150 (obtained by €300 - €150).

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €500 TTC:

  • Half of the fees charged are equal to €500/ 2 = €250
  • The maximum amount attributable to the tenant is equal to 25 x €8 = €200

So the tenant has to pay €200 (because €200 is less than €250) and the owner must pay the remaining amount, either €300 (obtained by €500 - €200).

You can help yourself with this simulator:

Real estate rental: share agency costs

To entrust the rental management of the housing to a real estate agency, the owner signs with it a management mandate. The price charged by the agency for this activity (e.g. finding a tenant, sending rent receipts) is payable by the landlord.

FYI  

the real estate agency freely sets its rental management fees.

When the real estate agency drafts a new lease when the lease is renewed, the price requested by the agency can be shared between the owner and the tenant.

FYI  

it is necessary to write a new lease if increase in the undervalued rent or a change in the terms of the original lease.

The amount paid by the tenant may not exceed:

  • half of the fees charged by the real estate agency
  • and a maximum amount, calculated from a price TTC: titleContent per m2 of living space. This price per m2 varies depending on the area where the housing is located (very tense, tense or non-tense area).
Very tense area

€12 Maximum VAT per m2

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €500 TTC, then:

  • Half of the fees charged are equal to €500/ 2 = €250
  • The maximum amount attributable to the tenant is equal to 25 x €12 = €300

So the tenant has to pay €250 (because €250 is less than €300) and the owner must pay €250 (obtained by €500 - €250).

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €700 TTC, then:

  • Half of the fees charged are equal to €700/ 2 = €350
  • The maximum amount attributable to the tenant is equal to 25 x €12 = €300

So the tenant has to pay €300 (because €300 is less than €350) and the owner must pay the remaining amount, either €400 (obtained by €700 - €300).

Stretched area

€10 Maximum VAT per m2

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €400 TTC:

  • Half of the fees charged are equal to €400/ 2 = €200
  • The maximum amount attributable to the tenant is equal to 25 x €10 = €250

So the tenant has to pay €200 (because €200 is less than €250) and the owner must pay the remaining amount, either €200 (obtained by €400 - €200).

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €600 TTC:

  • Half of the fees charged are equal to €600/ 2 = €300
  • The maximum amount attributable to the tenant is equal to 25 x €10 = €250

So the tenant has to pay €250 (because €250 is less than €300) and the owner must pay the remaining amount, either €350 (obtained by €600 - €250).

Other situation

€8 Maximum VAT per m2

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €300 TTC:

  • Half of the fees charged are equal to €300/ 2 = €150
  • The maximum amount attributable to the tenant is equal to 25 x €8 = €200

So the tenant has to pay €150 (because €150 is less than €200) and the owner must pay the remaining amount, either €150 (obtained by €300 - €150).

Example :

For a holiday home 25 m², if the amount invoiced by the real estate agency is €500 TTC:

  • Half of the fees charged are equal to €500/ 2 = €250
  • The maximum amount attributable to the tenant is equal to 25 x €8 = €200

So the tenant has to pay €200 (because €200 is less than €250) and the owner must pay the remaining amount, either €300 (obtained by €500 - €200).

Amicable state of play

The tenant does not have to pay for the establishment of the exit site list (for example: the exit site list fees charged by the real estate agency).

Any clause in the lease that requires the tenant to pay for the condition of the premises is abusive. It must be considered unwritten.

When an amicable state of affairs is not possible

If an amicable state of affairs is not possible, then call in a commissioner of justice.

The costs charged by the Commissioner of Justice will be shared in half between the tenant and the landlord.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    The informants who answer you belong to the ministry in charge of housing and city planning.

    Cost: free service

    Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.

    The service is available at the following times:

    • Monday: 8.30am to 5.30pm
    • Tuesday: 8:30 to 12:15
    • Wednesday: 8:30 to 12:15
    • Thursday: 8.30am to 5.30pm
    • Friday: 1 p.m. to 4:15 p.m
      • Lundi : de 08h30 à 16h15
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

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  • Departmental Agency for Housing Information (Adil)