You pay rent every month, and often a line for "provisions for charges" that can amount to 50, 80, sometimes 120 euros. But do you know exactly what this sum covers? And above all, what the landlord is entitled to demand from you?
The list of recoverable charges is not left to the landlord's discretion. It is governed by law, and certain expenses can never be passed on to the tenant. Yet in practice, many leases contain vague wording or excessive provisions. The result: you may be paying for roof maintenance, facade renovation, or boiler replacement without knowing it.
This guide explains what the law says, which clauses to watch for, and the steps to take to avoid paying more than your share.
The Answer in 30 Seconds
Rental charges (or recoverable charges) are expenses that the landlord advances for the operation of the building and can be reimbursed by the tenant. The list is set by Decree No. 87-713 of August 26, 1987: cold and hot water, collective heating, electricity for common areas, elevator, maintenance of green spaces, household waste collection tax, caretaker's salary under certain conditions, etc.
Payment is usually made through monthly provisions, with a reconciliation at least once a year. The landlord must justify the amounts requested and keep the supporting documents available for 6 months after sending the statement. If the provisions exceed actual expenses, the landlord must reimburse the overpayment. Otherwise, the landlord may request an additional payment.
Before signing your lease, check that the charges clause does not mention expenses excluded by law, such as major repairs or replacement of worn-out equipment. Unsure about a line? Have your contract analyzed to identify risky clauses: upload your lease here.
What the Law Says
The Legal List of Recoverable Charges
Decree No. 87-713 of August 26, 1987 sets the exhaustive list of charges that the landlord can recover from the tenant of a dwelling rented unfurnished or furnished as a primary residence. This list applies to leases governed by the law of July 6, 1989.
The main categories of recoverable charges are:
- Elevators and lifts: electricity, operation (periodic inspections, cleaning, cable examination), small maintenance materials, minor repairs to the cabin and landings. The five-year technical inspection is not recoverable.
- Cold water, hot water, and collective heating: water for all occupants, water needed for maintenance of common areas and outdoor spaces, water treatment products, energy supply, meter operation, repair of leaks on seals.
- Individual installations: heating and hot water production, water distribution in private areas (connection checks, flow adjustment, troubleshooting, replacement of toilet flush seals).
- Interior common areas: electricity, cleaning products, pest control, maintenance of timers, carpets, garbage chutes, cleaning staff costs.
- Outdoor spaces: roadways, parking areas, surroundings of green spaces, children's play equipment.
- Taxes and fees: household waste collection tax or fee, street sweeping tax, sanitation fee.
- Building employee, caretaker, or concierge: the salary can be recovered under certain conditions.
This list is exhaustive. Any expense not listed cannot be charged to the tenant, except as otherwise provided by a collective agreement in social housing.
Non-Recoverable Charges
Certain expenses always remain the landlord's responsibility. These include:
- Major repairs (Article 606 of the Civil Code): facade renovation, roofing, boiler replacement, bringing up to standards;
- Periodic technical inspection of the elevator;
- Work to bring the building into compliance or improve it;
- Property tax;
- Property management or syndic fees not expressly provided for by the decree.
If your lease contains a clause that places these expenses on you, it is deemed unwritten. You can contest it, even after signing.
Provisions and Annual Reconciliation
Charges are generally paid through provisions: regular advances of the same amount, paid along with the rent. The landlord sets their amount based on the budget forecast and previous results.
At least once a year, the landlord must carry out the reconciliation: comparing the total provisions paid with the actual expenses incurred. Two possible situations:
- Overpayment: the landlord must reimburse you the difference.
- Additional payment: the landlord can request a supplement.
One month before the reconciliation, the landlord must provide you with a breakdown of charges by type (electricity, hot water, cold water, elevator, etc.) and the method of allocation among dwellings. Upon request, the landlord must also provide a summary of the dwelling's charges.
For 6 months following the sending of the statement, the landlord must keep all supporting documents available for your inspection. You can consult them, and this is often where errors hide: incorrectly allocated invoices, non-recoverable expenses included, overestimated provisions.
Claim Deadlines
The landlord can claim unpaid charges for 3 years. This deadline also applies to the tenant who has overpaid charges and wishes to be reimbursed.
If the reconciliation has not been carried out before the end of the calendar year following the year the charges became due, the tenant can demand payment in installments over 12 months, by registered letter with acknowledgment of receipt.
Why This Can Be a Problem
Disputes over rental charges are among the most common at the end of a lease. And for good reason: the provision mechanism creates an information asymmetry. You pay an estimated amount each month without knowing exactly what it covers. The landlord, on the other hand, holds the invoices, maintenance contracts, and syndic statements.
Here are the most common situations:
- Excessive provisions: the landlord sets provisions well above actual expenses, allowing them to maintain comfortable cash flow. The reconciliation eventually arrives, but sometimes late, and you have advanced money for months.
- Non-recoverable expenses included: the statement mentions facade renovation work, boiler replacement, or syndic fees. Yet these expenses are not on the legal list. You do not have to pay them.
- A flat-rate charges clause: some leases provide for a flat-rate charge, i.e., a fixed sum that is not subject to any reconciliation. This mechanism is permitted, but it must be expressly provided for in the lease and cannot be imposed unilaterally. If it is not mentioned, the provision regime applies.
- Late or absent reconciliation: the landlord never reconciles, or does so several years late. You then discover a significant charge arrears, sometimes unjustified.
Let's take a concrete example. You rent a 45 m² apartment in a condominium with a caretaker and elevator. Your lease provides for €90 in monthly provisions. After a year, the landlord sends you a statement: €1,080 in provisions paid, €1,250 in expenses. They demand €170. Upon examining the supporting documents, you notice the statement includes €300 in facade renovation costs. This expense is not recoverable. You contest, and the balance reverses: the landlord owes you €130.
This type of situation is common, and many tenants pay without checking. Yet the law protects you: you have the right to demand supporting documents, contest non-recoverable expenses, and request installment payments in case of late arrears.
Exceptions by Lease Type
Unfurnished or Furnished Dwelling
The list of recoverable charges is the same for unfurnished and furnished rentals governed by the law of July 6, 1989. The payment method may differ: in furnished rentals, the lease may provide for a flat-rate charge, which is rarer in unfurnished rentals.
Mobility Lease
The mobility lease, lasting 1 to 10 months, follows specific rules. The rent is generally all-inclusive, unless the lease expressly provides for the payment of provisions with reconciliation. Check the clause before signing.
Social Housing
In HLM housing, the list of recoverable charges can be supplemented by a collective agreement. The reconciliation rules remain the same, but certain additional expenses can be recovered.
Leases Signed Before March 27, 2014
For ongoing leases signed before the ALUR law came into force, certain clauses may remain applicable if they were valid at the time. In practice, the list of recoverable charges was not modified by the ALUR law, but the rules for justification and reconciliation were strengthened. If in doubt, have your lease checked.
Checklist: Points to Verify
- Does the charges clause in your lease mention provisions or a flat rate?
- Is the amount of provisions consistent with the size of the dwelling and collective equipment?
- Does the lease expressly exclude major repairs and property tax?
- Do you receive a detailed statement by type of charge each year?
- Has the landlord communicated the method of allocation among dwellings?
- Have you asked to consult the supporting documents within 6 months of the statement?
- Are the expenses mentioned indeed on the list of the 1987 decree?
- In case of late arrears, have you requested installment payments over 12 months?
Possible Actions
Before signing the lease: read the charges clause carefully. If it mentions a flat rate, make sure it is expressly provided for and that its amount is reasonable. If it lists non-recoverable expenses, ask for their removal. A well-drafted lease will save you disputes throughout the tenancy. To check the clauses of your future contract, analyze your lease here.
During the tenancy: keep all your payment notices and receipts. Each year, upon receiving the statement, compare the expenses with the legal list. If a line seems doubtful, request the supporting documents in writing.
In case of dispute: send a registered letter to the landlord to contest the amounts claimed, citing Decree No. 87-713. If the disagreement persists, you can refer the matter to the departmental conciliation commission or the judge of protection litigation.
At the end of the lease: verify that the reconciliation has been carried out before the return of the security deposit. The landlord can withhold a provision from the security deposit pending the annual condominium accounts, but this provision cannot exceed 20% of the security deposit.
FAQ
Can my landlord demand property tax from me? No. Property tax is always the landlord's responsibility. It is not on the list of recoverable charges.
Is boiler replacement a recoverable charge? No. Replacing worn-out equipment falls under major repairs, which are the landlord's responsibility. Only minor repairs and routine maintenance can be recovered.
Can I refuse to pay provisions if the landlord never reconciles? No, you must continue to pay provisions. However, you can demand the reconciliation and, if it does not occur, refer the matter to the judge to obtain reimbursement of any overpayment.
Can the landlord increase provisions during the lease? Yes, if the increase is justified by changes in actual expenses. But it must remain proportionate and be clearly communicated.
What should I do if the statement includes syndic fees? Syndic fees are not recoverable as such. Only certain specific expenses (electricity for common areas, maintenance, caretaker) can be passed on. Contest lines that do not match the legal list.
Is a flat-rate charge legal? Yes, if it is expressly provided for in the lease. It must be distinguished from the rent and cannot be imposed unilaterally. In the absence of a clause, the provision regime with reconciliation applies.
Sources
- Service-Public – Charges to be paid by the tenant (rental charges or recoverable charges)
- Service-Public – Security deposit in a residential lease
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.