When you rent an apartment in a condominium, the question of fees comes back every year like a boomerang. The landlord receives the syndic's fund call, the tenant pays a monthly provision, and at the time of reconciliation, no one is quite sure who owes what. Between syndic fees, the works fund, the elevator, or the caretaker, the line between what can be recovered from the tenant and what remains the owner's responsibility is often blurry. And that's where disputes arise.
This guide sorts it all out. You'll see exactly which condo fees can be recovered from the tenant, how the provision and annual reconciliation mechanism works, and what supporting documents the landlord must provide. You'll also find an actionable checklist and the available remedies if the statement seems inflated.
The 30-Second Answer
The tenant pays only the condo fees that correspond to recoverable expenses, i.e., those listed in Decree No. 87-713 of August 26, 1987. Specifically: routine maintenance of common areas, cold water, elevator, collective heating, and the caretaker within a certain limit. Everything else—syndic fees, major works, works fund, management fees—remains the landlord's responsibility. The tenant pays monthly provisions, and the landlord reconciles once a year by providing supporting documents. Without documentation, no payment is due.
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What the Law Says
The Law of July 6, 1989 establishes the principle: the tenant bears recoverable fees, and the landlord bears everything else. Article 23 refers to Decree No. 87-713 of August 26, 1987, which sets the exhaustive list of recoverable fees. This decree distinguishes several categories, and that's where condominium ownership comes into play.
For a condominium unit, recoverable fees are those corresponding to:
- Routine maintenance and minor repair expenses for common areas (cleaning, trash removal, green space upkeep, minor repairs to shared equipment).
- Water, heating, and electricity consumption for common areas, when they benefit the tenant (hallway lighting, cold water for cleaning, collective heating).
- The elevator, with a specific rule: electricity and routine maintenance costs are recoverable, but major repairs (cabin replacement, modernization) are not.
- The caretaker or concierge, within a limit set by the decree: 75% of salary and social charges when the caretaker handles common area maintenance and waste removal, 40% if they only handle one of these two tasks.
Conversely, the following are never recoverable from the tenant:
- Syndic fees (management fees, general meeting organization, correspondence costs).
- Major works on common areas or the building structure (facade renovation, roof replacement, elevator compliance upgrades).
- The works fund provided for by the ALUR law, which finances future condominium projects.
- The landlord's property management fees.
- Taxes and levies that fall on the owner (e.g., property tax).
The lease may include a fee allocation clause, but it cannot expand the decree's list. Any clause that would impose non-recoverable expenses on the tenant is deemed unwritten.
Why This Can Be Problematic
The real issue is opacity. The landlord receives a fee statement from the syndic with dozens of line items and must sort out what is recoverable and what is not. Many don't do it, or do it poorly. The result: tenants pay syndic fees or a share of the works fund without knowing it.
Another difficulty: the mismatch between the condominium's calendar year and the tenant's occupancy period. If the tenant moves in in March, they should only pay fees corresponding to their occupancy period. The landlord must therefore calculate a prorated amount. This is a classic source of errors.
Finally, the annual reconciliation is often misunderstood. The tenant pays a monthly provision, but it's only an advance. The landlord must then settle the actual account, with supporting documents, and refund any overpayment or claim the difference. If they don't, the tenant can demand the reconciliation and, if applicable, a refund of amounts overpaid.
Concrete example. A tenant pays €120 in monthly provisions, i.e., €1,440 per year. The syndic's statement shows that recoverable fees for the year amount to €980. The landlord must refund €460. If they included €300 in syndic fees and €200 in works fund in their calculation, the tenant is entitled to contest: these amounts are not recoverable.
Exceptions Based on Lease Type, Date, and Location
- Furnished lease or mobility lease: the rules for recovering fees are the same as for an unfurnished lease. The 1987 decree's list applies. However, a mobility lease may provide for a flat fee, which simplifies reconciliation but does not exempt the landlord from justifying the amount.
- Commercial lease: the rules differ. A commercial lease can impose broader fees on the tenant, including major repairs, if an express clause provides for it. The 1987 decree does not apply.
- Social housing (HLM) or subsidized housing: specific rules may apply, particularly for recoverable fees. Refer to the agreement and the social landlord.
- Lease date: for leases signed before the ALUR law came into force (March 27, 2014), certain fee clauses may remain applicable if they were valid at the time. But the 1987 decree's list applies in all cases.
- Mountain areas or specific condominiums: snow removal or access maintenance expenses may be recoverable if they correspond to routine maintenance of common areas.
Checklist: Reviewing a Condo Fee Statement
- Check that the lease includes a fee clause and that it refers to Decree No. 87-713.
- Request the syndic's general fee statement and the allocation breakdown per unit.
- Identify line items corresponding to recoverable fees (routine maintenance, water, elevator, caretaker within the legal limit).
- Exclude syndic fees, works fund, major works, and management fees.
- Verify the prorated amount if the tenant did not occupy the unit for the full year.
- Ensure the total claimed matches the unit's share, not an unjustified flat amount.
- Demand supporting documents: syndic statement, invoices, individual breakdown.
- Compare with provisions paid and calculate the balance (overpayment or additional amount due).
- If in disagreement, send a written request to the landlord listing the contested line items.
Possible Actions
For the tenant:
- Ask the landlord for the reconciliation statement with supporting documents. The request can be made at any time, even during the lease.
- If the landlord doesn't respond or refuses, send a formal notice by registered letter with return receipt.
- If the disagreement persists, contact the departmental conciliation commission (free) or the judge for protection disputes.
- If an overpayment is confirmed, demand a refund. The landlord cannot unilaterally offset it against rent without agreement.
For the landlord:
- Keep a tracking table of provisions and recoverable fees per tenant.
- At each syndic fund call, separate recoverable and non-recoverable line items.
- Reconcile annually within the required timeframe, with supporting documents.
- Retain syndic statements and invoices for at least 3 years (statute of limitations for fee payment claims).
Want to verify that your lease respects the legal fee allocation? Analyze it on bail.immo.
FAQ
Can the landlord charge syndic fees to the tenant? No. Syndic fees are condominium management costs, not recoverable fees. They remain the landlord's responsibility.
Is the works fund recoverable from the tenant? No. The works fund provided for by the ALUR law finances future projects. It is not recoverable, even if the lease contains a clause to that effect.
Does the tenant have to pay condo fees during periods when they don't occupy the unit? Yes, as long as the lease is active. Recoverable fees are due as soon as the unit is at the tenant's disposal, even if they are absent.
How can I contest a fee statement? In writing, listing the contested line items and requesting supporting documents. If the landlord doesn't respond, contact the conciliation commission or the judge.
Can the landlord increase provisions during the lease? Yes, if the increase is justified by actual changes in fees. But they must be able to prove it. An excessive increase can be contested.
Sources
- Law No. 89-462 of July 6, 1989, to improve landlord-tenant relations, Article 23
- Decree No. 87-713 of August 26, 1987, setting the list of recoverable fees
- Law No. 2014-366 of March 24, 2014, for access to housing and renovated urban planning (ALUR)
Legal Information
The information presented on this page is provided for informational purposes and is based on the texts and sources available at the time of its publication or last update. Legislation, regulations, and case law may evolve at any time. The results and explanations offered by bail.immo do not constitute legal advice and do not replace the opinion of a lawyer or another competent legal professional.