Recoverable rental charges from the tenant

The owner of a furnished or unfurnished rental property may pass certain building-related expenses on to the tenant. These expenses are known as rental charges or recoverable charges.

Recoverable charges are separate from the monthly rent. They generally cover services used by the tenant, routine maintenance of the building and certain taxes connected with the occupation of the property.

French law establishes an exhaustive list of recoverable expenses. A landlord cannot charge the tenant for an expense that does not appear on this list.

What Are Recoverable Rental Charges?

Recoverable rental charges are expenses initially paid by the landlord or co-ownership association and subsequently reimbursed by the tenant.

They are divided into three main categories:

• services related to the accommodation and the use of the building;
• routine maintenance and minor repairs in the building’s common areas;
• taxes and fees for services from which the tenant benefits directly.

What Are Common Areas?

Common areas are the parts of a building used collectively by its residents. Each co-owner holds a share of these areas and contributes to the expenses associated with their maintenance.

Common areas may include:

• entrance halls;
• staircases and landings;
• elevators;
• courtyards;
• access roads;
• gardens and outdoor spaces;
• shared recreational areas.

Recoverable Charges by Category

1. Caretaker or Building Janitor

When a building employs a caretaker who benefits from official accommodation, part of the caretaker’s salary and related social charges may be recovered from the tenant.

The recoverable percentage depends on the duties performed:

• 75% of the cost may be recovered when the caretaker cleans the common areas and handles garbage disposal;
• 40% of the cost may be recovered when the caretaker performs only one of these two duties.

Costs associated with management, surveillance or administrative duties are not necessarily recoverable simply because they are performed by the caretaker.

2. Elevators and Freight Elevators

Certain elevator operating, maintenance and minor repair expenses may be passed on to the tenant.

Recoverable Operating Expenses

• electricity used by the elevator;
• periodic inspections;
• cleaning and lubrication of mechanical parts;
• examination of cables and safety systems;
• routine troubleshooting that does not require major repairs;
• maintenance records kept by the service provider.

Recoverable Supplies

• grease and oil;
• cleaning cloths;
• small maintenance supplies;
• lighting for the elevator cabin.

Recoverable Minor Repairs

• replacement of cabin or call buttons;
• replacement of door hinges and contacts;
• minor work on automatic door closers;
• replacement of cabin slides;
• maintenance of threshold safety devices and photoelectric cells;
• replacement of motor brushes and fuses.

Major repairs, modernization work and complete replacement of elevator equipment generally remain the landlord’s responsibility.

3. Cold Water, Hot Water and Collective Heating

Water consumption and collective heating expenses may be recovered from the tenant when they relate to the rented accommodation or to services used by the occupants.

Recoverable Water Expenses

• cold and hot water consumed by occupants;
• water used for routine cleaning of common areas;
• water used for regular maintenance of outdoor spaces;
• products required for water treatment and operation;
• certain sanitation-related charges;
• operation and reading of general and individual meters.

Recoverable Heating Expenses

• fuel or energy used for collective heating;
• adjustment of water flow and temperature;
• checking and adjustment of control and safety devices;
• routine servicing of pumps, thermostats and aquastats;
• maintenance of smoke filters;
• seasonal shutdown and restarting procedures;
• cleaning of boiler rooms, pipes and heating equipment;
• meter rental, maintenance and readings.

Recoverable Minor Repairs

• repair of leaks at seals and connections;
• replacement of seals, valves and valve glands;
• minor repairs to heat pumps;
• replacement of refrigerant when connected with minor maintenance;
• adjustment of flushing mechanisms.

4. Common Areas Inside the Building

The tenant may be charged for routine services and minor maintenance relating to the shared interior areas of the building.

Recoverable Expenses

• electricity for common areas;
• cleaning products;
• brooms, brushes and small cleaning equipment;
• garbage bags;
• salt used for maintenance or safety;
• maintenance of timers and communal lighting;
• maintenance of carpets and garbage chutes;
• minor repairs to shared cleaning equipment;
• eligible staff costs associated with routine maintenance.

5. Individual Installations

Certain expenses relating to heating, hot water and water distribution inside the rented accommodation may be recovered from the tenant.

Routine Maintenance

• adjustment of hot-water flow and temperature;
• inspection and adjustment of thermostats and safety devices;
• checking electrical water-heater connections;
• checking heating elements and resistance units;
• cleaning certain equipment;
• checking cold-water and hot-water connections;
• checking safety groups;
• adjusting toilet flushing mechanisms.

Minor Repairs

• replacement of seals and valves;
• replacement of floats and toilet-flush components;
• replacement of small parts in gas appliances;
• rinsing and cleaning heating elements and pipes;
• minor plumbing repairs related to normal use.

6. Outdoor Areas

Some routine maintenance expenses for the residence’s outdoor areas may also be passed on to the tenant.

These areas may include:

• walkways and access roads;
• parking areas;
• lawns and gardens;
• flower beds and hedges;
• playgrounds;
• ponds and fountains;
• gutters and rainwater drainage systems.

Recoverable Outdoor Maintenance

• mowing and cutting;
• weeding;
• raking and cleaning;
• watering;
• maintenance of gardening equipment;
• replacement of sand in children’s play areas;
• minor repairs to benches, fences and playground equipment.

Recoverable Gardening Supplies

• fertilizers;
• seeds;
• flowers and plants;
• replacement plants used in routine maintenance;
• approved insecticides and treatment products.

Major landscaping work, reconstruction of flower beds or complete replacement of hedges generally remains the landlord’s responsibility.

7. Hygiene and Waste Disposal

Certain hygiene-related expenses may be recovered when they concern services provided directly to building occupants.

• plastic and paper bags used for waste disposal;
• pest-control and disinfection products;
• maintenance of garbage chutes;
• maintenance and emptying of cesspools where applicable;
• maintenance of waste-compacting equipment;
• eligible personnel costs connected with waste removal.

8. Ventilation, Intercoms and Other Shared Equipment

The following expenses may be recoverable when they relate to the routine use and maintenance of shared building equipment:

• energy used for mechanical ventilation;
• cleaning ventilation ducts;
• maintenance of mechanical ventilation systems;
• maintenance of automatic or coded entrance systems;
• maintenance of intercoms;
• routine cleaning and lubrication of certain shared handling equipment;
• subscriptions for telephone equipment made available to tenants.

Which Taxes Can Be Recovered from the Tenant?

Only taxes and fees linked to services from which the tenant directly benefits may be recovered.

These may include:

• the household waste collection tax;
• the sidewalk sweeping tax or fee;
• certain sanitation fees;
• certain lease-related duties when legally applicable.

Other taxes associated with ownership of the property generally remain payable by the landlord.

How Are Rental Charges Collected?

The method used to collect recoverable charges depends on whether the property is furnished or unfurnished and on the terms stated in the lease.

1. Provision for Charges

In an unfurnished rental, the tenant usually pays a monthly or quarterly provision for charges in addition to the rent.

The amount of the provision must be stated in the lease. It is generally calculated using:

• the expenses recorded during the previous annual adjustment;
• the provisional co-ownership budget;
• the estimated cost of services used by the tenant.

Because this payment is only an advance, the amount must later be compared with the landlord’s actual recoverable expenses.

2. Annual Regularization

When charges are paid through provisions, the landlord must carry out an annual adjustment based on actual expenditure.

At least one month before the adjustment, the landlord must provide the tenant with a statement showing:

• the total expenses for the building;
• the expenses payable by the landlord;
• the expenses recoverable from the tenant;
• the method used to allocate charges between the building’s units;
• the provisions already paid by the tenant.

When the Tenant Has Paid Too Little

If the provisions paid are lower than the actual recoverable charges, the landlord may request payment of the difference.

When the Tenant Has Paid Too Much

If the provisions paid exceed the actual recoverable charges, the landlord must reimburse the overpayment or deduct it from a future payment.

3. Fixed Charge Package for Furnished Rentals

In a furnished rental, the lease may provide for either:

• a provision for charges followed by annual regularization;
• a fixed monthly charge package.

The amount of the fixed charge package must be clearly stated in the lease.

For leases signed after March 27, 2014, a fixed charge package is not subject to annual regularization. If the landlord’s actual expenses exceed the amount paid by the tenant, the landlord cannot request an additional payment.

The fixed charge may be reassessed annually when the lease provides for indexation, generally under conditions linked to the Rent Reference Index.

Charges Must Relate Only to the Rented Property

The landlord may recover only the charges associated with the property and additional spaces included in the lease.

For example, if the landlord owns an apartment, a cellar, a maid’s room and a parking space but rents only the apartment, the tenant cannot be charged for expenses relating to the other units.

The building’s charge statement should provide a breakdown by lot, enabling the landlord and tenant to identify the expenses connected with the rented property.

What Documents Can the Tenant Request?

From the date on which the tenant receives the annual charge statement, supporting documents must remain available for consultation for six months.

These documents may include:

• supplier invoices;
• maintenance contracts;
• caretaker salary statements;
• water and energy bills;
• co-ownership statements;
• documents explaining the allocation of charges between units.

This right allows the tenant to verify that the charges requested are recoverable and that they relate to the rented accommodation.

What Happens When Charges Are Regularized Late?

If the landlord does not complete the annual regularization within one year of the date on which it should have occurred, the tenant may request to pay the additional amount in monthly installments over 12 months.

The landlord may claim unpaid rent or recoverable charges only within the applicable limitation period. In general, rental debts older than three years can no longer be claimed.

Which Expenses Cannot Be Recovered?

Expenses that are not included in the legal list of recoverable charges remain payable by the landlord.

Examples generally include:

• major structural repairs;
• roof replacement;
• façade renovation;
• complete replacement of an elevator;
• major plumbing or heating-system replacement;
• property-management fees unrelated to services used by the tenant;
• expenses relating to units not included in the lease;
• improvements intended to increase the building’s value.

Recoverable Charges Checklist

• Caretaker cleaning and garbage-removal services.
• Elevator electricity and routine maintenance.
• Cold water and hot water consumption.
• Collective heating and related routine maintenance.
• Electricity and cleaning of common areas.
• Minor repairs to shared equipment.
• Routine maintenance of gardens and outdoor spaces.
• Waste removal and eligible hygiene expenses.
• Maintenance of ventilation, intercoms and access systems.
• Household waste collection tax and other eligible service taxes.

Frequently Asked Questions About Rental Charges

Can a Landlord Charge the Tenant for Any Building Expense?

No. Only expenses included in the legally established list of recoverable charges may be passed on to the tenant.

Are the Rules the Same for Furnished and Unfurnished Rentals?

The categories of recoverable expenses are generally the same. However, the method of payment may differ. Furnished rentals may use either provisions with annual regularization or a fixed charge package.

Can the Tenant Ask to See the Invoices?

Yes. Supporting documents must be made available for six months after the tenant receives the annual statement of charges.

Can the Landlord Request More Money Under a Fixed Charge Package?

No. When the lease provides for a fixed charge package, the landlord cannot request an additional payment simply because the actual expenses were higher.

What Happens if the Tenant Has Overpaid?

When charges are paid through provisions, any overpayment revealed by the annual regularization must be reimbursed or credited to the tenant.

How Far Back Can a Landlord Claim Unpaid Charges?

In general, the landlord may claim unpaid rent and recoverable charges for a maximum period of three years.

Understanding Rental Charges Helps Prevent Disputes

Recoverable rental charges are strictly regulated. A landlord may charge the tenant only for eligible services, routine maintenance, minor repairs and taxes connected with the use of the rented property.

The lease should clearly state how charges are paid, whether through monthly provisions or a fixed package. When annual regularization applies, the tenant must receive a detailed statement and be allowed to review the supporting documents.

Clear records, accurate calculations and transparent communication help landlords and tenants avoid misunderstandings and manage the rental relationship more effectively.

Photo by Scott Graham on Unsplash.