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What is the limitation period for a rental debt (charges and rent)?
Verified 02 juillet 2021 - Legal and Administrative Information Directorate (Prime Minister)
The owner of a rented accommodation can recover the outstanding charges and rents for 3 years, including after the departure of the tenant. The same applies if the tenant has paid too many expenses. If the landlord has not completed the annual rent review, he has 1 year to respond.
Debts on rent and/or charges
The landlord can claim any outstanding charges or rents for 3 years, including after the tenant's departure.
For example: a rent debt dated july 2019 may be charged until july 2022.
Please note : this time limit also applies to the tenant who has paid too many expenses and wants to be reimbursed for the overpayment.
Regularisation is possible for any reason:
- Forgotten
- Ignorance
- Negligence
However, the judge may refuse late settlement of charges if he considers it to be unfair, brutal and consequential fault of the owner in the performance of the contract. For example, when the tenant requested the adjustment of the charges and the landlord did not respond.
Rent Review
The annual rent review may be made within one year of the date of revision of the lease.
The rent review does not apply retroactively, but only from the date of application.
When the one-year period has elapsed, the unapplied revision is lost to the owner.
Example :
If the lease revision date is March 13, 2021, the owner may revise the lease until March 12, 2022.
If the lease review date is March 13, 2021, but the landlord does not request it until June 13, 2021, only rents collected from that date may be increased.