Real estate agency fees on the rental of a dwelling

Verified 10 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)

When renting a dwelling, certain fees charged by the real estate agency are to be shared between the owner and the tenant (tenant's file, visit of the dwelling, drafting of the lease, state of the place of entry). Other fees (writing and broadcasting of the ad...) are to be paid entirely by the owner. We present you with the information you need to know.

The real estate agency freely sets its rates for the rental of a dwelling.

The agency shall display, legibly and legibly, the maximum price of each service, in the following places:

  • At the entrance to the agency's premises
  • From the outside, on the agency window
  • On each advertising window located outside the agency
  • On online ad sites
  • In fairs or trade shows.

These maximum prices must be indicated TTC: titleContent.

The Agency shall also indicate, for each benefit, who must pay it.

FYI  

When the maximum price depends on the amount of rent, the display must mention the information allowing to calculate this maximum price (price ranges...).

The amount invoiced by the real estate agency for the application fee, of house visit and drafting of the lease is at share between tenant and landlord.

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).

You can help yourself with this simulator:

Real estate agency fees: estimate the tenant's share

The calculation to be made depends on the area where the dwelling is located:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Very tense area

FYI  

The price TTC: titleContent maximum per m2 of living space is €12.

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

FYI  

The price TTC: titleContent maximum per m2 of living space is €10.

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).

Unstretched area

FYI  

The price TTC: titleContent maximum per m2 of living space is €8.

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).

When the entry site is recorded by the tenant and the real estate agent, the tenant must pay part of the fees invoiced by the real estate agent.

But the share paid by the tenant may not exceed:

  • Half of the fees charged by the real estate agency
  • And a maximum amount, from €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:

Site maintenance: Estimate tenant's share

Please note

If an amicable and contradictory state of affairs (i.e. in the presence of the tenant and the real estate agent) is not possible, it is necessary to call on a commissioner of justice (former bailiff and judicial auctioneer). The costs requested by the commissioner of justice will be shared half between tenant and owner.

With the exception of application fees, visits, lease drafting fees and an inventory of the place of entry, all other fees charged by the real estate agency for the rental of a dwelling are to be paid in full by the owner.

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.

Reminder

The real estate agency freely sets its rental management rates.

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

FYI  

A new lease should be drafted in case increase in the undervalued rent or change 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).

You can help yourself with this simulator:

Real estate agency fees: estimate the tenant's share

The calculation to be made depends on the area where the dwelling is located:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Very tense area

FYI  

The price TTC: titleContent maximum per m2 of living space is €12.

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

FYI  

The price TTC: titleContent maximum per m2 of living space is €10.

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).

Unstretched area

FYI  

The price TTC: titleContent maximum per m2 of living space is €8.

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).

The tenant must not pay a fee to make an amicable and contradictory inventory (i.e. in the presence of the tenant and the real estate agent).

Any clause in the lease that requires the tenant to pay for the amicable exit statement is abusive. It must be considered unwritten.

Please note

If an amicable and contradictory state of affairs is not possible, it is necessary to call on a Commissioner of Justice. In this case, it is a state of play (or rental statement) of which the costs are to be shared between the tenant and the owner.

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