Charges payable by the tenant (leasehold charges or recoverable charges)

Verified 15 April 2025 - Directorate for Legal and Administrative Information (Prime Minister)

What are rental charges (or recoverable charges)? These are expenses owed by the tenant, but initially paid by the landlord (or real estate agency). The landlord (or real estate agency) is reimbursed for these expenses by the tenant. The method of payment of these charges is different, in the case of an empty dwelling rented with a dwelling lease, or in the case of a furnished dwelling rented with a dwelling lease or with a mobility lease. We'll explain.

Example :

  • Recoverable charge: water used by the person cleaning the common areas of the building
  • Non-recoverable charge: facade renovation of the building, roof change, trustee fees...
  • The electricity used by the tenant in the rented accommodation must be paid by the tenant himself (each tenant must subscribe with a distributing company).

Empty housing

Elevators and lifts

Certain expenses related to the operation of the elevator remain at the expense of the tenant, in particular the following:

  • Electrical
  • Operation of the aircraft (periodic inspection, cleaning, semi-annual examination of wires, maintenance company record of technical inspections, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils needed, cabin lighting lamps)
  • Minor repairs to the cab (change of dispatch buttons, door hinges), bearings (mechanical, electrical or pneumatic door closures) and fuses.

FYI  

The roadworthiness test to be carried out every 5 years is not a recoverable charge.

Cold water, hot water and district heating

Certain expenses related to water and heating remain the responsibility of the tenant, including the following:

  • Cold and hot water for all occupants
  • Water required for routine maintenance of common areas, including the treatment plant
  • Water required for routine maintenance of outdoor spaces
  • Products necessary for the operation, maintenance and treatment of water
  • Supply of energy whatever its nature
  • Operation of general and individual meters and maintenance of smoke purifiers
  • Repair of leaks on joints.
Individual installations

With regard to individual installations, the expenditure remaining to be borne by the tenant relates in particular to the following:

  • Heating and hot water production
  • Water distribution in private areas (control of connections, flow rate and temperature adjustment, troubleshooting, replacement of bell seals of flushing).
Internal common areas

Expenses related to the common parts of the building and remaining at the expense of the tenant include:

  • Electrical
  • Provision of cleaning products (brooms and bags for waste disposal) and disinsectization and disinfection products
  • Maintenance of timer, carpets, garbage empties
  • Repair of cleaners such as vacuum cleaners
  • Maintenance personnel costs.
Outdoor spaces

For outdoor spaces, certain expenses are borne by the tenant, including operating and maintenance expenses for the following:

  • Taxiways
  • Parking areas
  • Approaches to green spaces
  • Playground equipment for children.
Taxes and fees

The expenses remaining to be borne by the tenant include:

Warning  

In the case of social housing (e.g. low-cost housing), this list may be supplemented by the provisions of a collective agreement.

Real Estate Clerk, Warden or Concierge

Under certain conditions, the salary of the building employee, or caretaker, or janitor, is part of the expenses payable by the tenant (leasehold or recoverable expenses).

The expenses are paid by provisions (regular advances of the same amount), with an annual adjustment.

The amount of rental charges recovered by the owner (or the real estate agency) must be justified.

Provisions and supporting documents

The owner (or the real estate agency) fixes the amount of the provisions for monthly expenses, based on the forecast budget and the previous results agreed during the previous regularization of expenses.

FYI  

In a building equipped with devices for individualizing the removable costs of heating, cooling or domestic hot water, the landlord (or the real estate agency) must transmit every month to the tenant information on the consumption of heat, cold or domestic hot water.

Annual regularization and supporting documents

Loads must be adjusted at least once a year comparing:

  • The total of the provisions already requested by the owner (or the real estate agency)
  • And the actual expenses incurred by the owner (or real estate agency) during the year.

FYI  

In a building, where the water supply contract is not individualized, the owner (or the real estate agency) must transmit, once a year, the water invoice and the water quality information communicated to him by the municipality or theEPCI: titleContent competent (the trustee, where the dwelling is in a condominium).

If the provisions are higher than actual spending, the landlord (or real estate agency) must repay the overpayment.

If the provisions are less than actual spending, the owner (or real estate agency) requests a supplement.

One month before the annual regularization, the owner (or real estate agency) must provide the following information:

  • The count of rental charges by nature of charges (electricity, hot water, cold water, elevator...)
  • How loads are distributed between the housings. And, if necessary, an information note on how to calculate heating and collective hot water loads.

At the request of the tenant, the landlord (or the real estate agency) must send him the summary of the charges of the accommodation, by mail or by post.

During the 6 months following the sending of the statement, the owner (or the real estate agency) must keep at the disposal of the tenant all the supporting documents.

Late regularization

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him. For example, a rent or expense debt from March 2025 can be claimed until March 2028.

FYI  

This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.

Late regularization of charges is possible regardless of the cause:

  • Forgotten
  • Ignorance
  • Neglect.

But the protection litigation judge may refuse a late reminder of charges if it considers that this reminder is unfair, brutal and consequential on the fault of the owner (or his representative) in the execution of the lease. For example, when the tenant has requested regularization of charges and the landlord has not replied.

Where the adjustment of charges has not been made before the end of calendar year depending on the year in which they become due, the tenant may require a 12-month payment.

To do this, he must send a letter to the owner (or real estate agency) by registered mail with acknowledgement of receipt. He can use the following letter template:

Letter to request a delay in paying a significant lease reminder

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him. For example, a rent or expense debt from March 2025 can be claimed until March 2028.

FYI  

If the landlord (or real estate agency) has not revised the rent on the date stipulated in the lease, he can only do it within one year.

Furnished accommodation

Elevators and lifts

Certain expenses related to the operation of the elevator remain at the expense of the tenant, in particular the following:

  • Electrical
  • Operation of the aircraft (periodic inspection, cleaning, semi-annual examination of wires, maintenance company record of technical inspections, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils needed, cabin lighting lamps)
  • Minor repairs to the cab (change of dispatch buttons, door hinges), bearings (mechanical, electrical or pneumatic door closures) and fuses.

FYI  

The roadworthiness test to be carried out every 5 years is not a recoverable charge.

Cold water, hot water and district heating

Certain expenses related to water and heating remain the responsibility of the tenant, including the following:

  • Cold and hot water for all occupants
  • Water required for routine maintenance of common areas, including the treatment plant
  • Water required for routine maintenance of outdoor spaces
  • Products necessary for the operation, maintenance and treatment of water
  • Supply of energy whatever its nature
  • Operation of general and individual meters and maintenance of smoke purifiers
  • Repair of leaks on joints.
Individual installations

With regard to individual installations, the expenditure remaining to be borne by the tenant relates in particular to the following:

  • Heating and hot water production
  • Water distribution in private areas (control of connections, flow rate and temperature adjustment, troubleshooting, replacement of bell seals of flushing).
Internal common areas

Expenses related to the common parts of the building and remaining at the expense of the tenant include:

  • Electrical
  • Provision of cleaning products (brooms and bags for waste disposal) and disinsectization and disinfection products
  • Maintenance of timer, carpets, garbage empties
  • Repair of cleaners such as vacuum cleaners
  • Maintenance personnel costs.
Outdoor spaces

For outdoor spaces, certain expenses are borne by the tenant, including operating and maintenance expenses for the following:

  • Taxiways
  • Parking areas
  • Approaches to green spaces
  • Playground equipment for children.
Taxes and fees

The expenses remaining to be borne by the tenant include:

Real Estate Clerk, Warden or Concierge

Under certain conditions, the salary of the building employee, or caretaker, or janitor, is part of the expenses payable by the tenant (leasehold or recoverable expenses).

The type of lease partly determines how recoverable charges are paid:

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Mobility lease

In the case of a mobility lease, rental charges are paid the landlord (or the real estate agency) in the form of a flat-rate payment paid simultaneously with the rent.

Furnished residential lease

The lease shall indicate whether the payment is to be made by lump sum or by provision:

Payment by lump sum

The amount of the package must be entered in the lease. It must not be disproportionate to the amount of charges applied to the previous tenant.

The package must not be accompanied by a supplement to be paid or by subsequent adjustment.

The package must be paid at the same time as the rent. The frequency of payment shall be indicated in the lease.

The amount of the package can be reviewed annually on the same terms as the rent.

Payment by provision (with annual adjustment)

The amount of rental charges recovered by the owner (or the real estate agency) must be justified.

Provisions and supporting documents

The owner (or the real estate agency) fixes the amount of the provisions for monthly expenses, based on the forecast budget and the previous results agreed during the previous regularization of expenses.

FYI  

In a building equipped with devices for individualizing the removable costs of heating, cooling or domestic hot water, the landlord (or the real estate agency) must transmit every month to the tenant information on the consumption of heat, cold or domestic hot water.

Annual regularization and supporting documents

Loads must be adjusted at least once a year comparing:

  • The total of the provisions already requested by the owner (or the real estate agency)
  • And the actual expenses incurred by the owner (or real estate agency) during the year.

FYI  

In a building, where the water supply contract is not individualized, the owner (or the real estate agency) must transmit, once a year, the water invoice and the water quality information communicated to him by the municipality or theEPCI: titleContent competent (the trustee, where the dwelling is in a condominium).

If the provisions are higher than actual spending, the landlord (or real estate agency) must repay the overpayment.

If the provisions are less than actual spending, the owner (or real estate agency) requests a supplement.

One month before the annual regularization, the owner (or real estate agency) must provide the following information:

  • The count of rental charges by nature of charges (electricity, hot water, cold water, elevator...)
  • How loads are distributed between the housings. And, if necessary, an information note on how to calculate heating and collective hot water loads.

At the request of the tenant, the landlord (or the real estate agency) must send him the summary of the charges of the accommodation, by mail or by post.

During the 6 months following the sending of the statement, the owner (or the real estate agency) must keep at the disposal of the tenant all the supporting documents.

Late regularization

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him. For example, a rent or expense debt from March 2025 can be claimed until March 2028.

FYI  

This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.

Late regularization of charges is possible regardless of the cause:

  • Forgotten
  • Ignorance
  • Neglect.

But the protection litigation judge may refuse a late reminder of charges if it considers that this reminder is unfair, brutal and consequential on the fault of the owner (or his representative) in the execution of the lease. For example, when the tenant has requested regularization of charges and the landlord has not replied.

Where the adjustment of charges has not been made before the end of calendar year depending on the year in which they become due, the tenant may require a 12-month payment.

To do this, he must send a letter to the owner (or real estate agency) by registered mail with acknowledgement of receipt. He can use the following letter template:

Letter to request a delay in paying a significant lease reminder

FYI  

In case of difficulties in paying his charges, the tenant can ask the owner (or the real estate agency) for payment deadlines. If the tenant and the landlord (or the real estate agency) have trouble talking to each other, it is possible to call (free of charge) a conciliator of justice to help them find the best solution together.

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him. For example, a rent or expense debt from March 2025 can be claimed until March 2028.

FYI  

If the landlord (or real estate agency) has not revised the rent on the date stipulated in the lease, he can only do it within one year.

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