The rental charges are due by the tenant of an apartment for rent. They concern different types of expenditure. What does it cover and for how much? Is the amount fixed or scalable? How are rental charges calculated? The point on the so -called recoverable loads.
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What do rental charges understand?
The rental charges are expenses incurred by the owner of a lease -given accommodation and which he requests reimbursement from the tenant in return for services which have been rendered to him. They are also called recoverable loads. In practice, they correspond to the lighting of the common areas in a residential building, to part of the costs linked to the maintenance of the elevator or even green spaces.
What differences between recoverable charges and non -recoverable charges?
A recoverable load is an expense incurred by the owner who can be recovered from the tenant, because it corresponds to a service from which he benefits. A so -called non -recoverable load is an expense that remains the responsibility of the owner. This distribution criterion is not always clear, a decree fixes the list of these rental charges: it is therefore advisable to refer to it below.
Boiler maintenance: Who should pay between the tenant and the owner?
What is the list of charges attributable to the tenant?
We find the list of recoverable charges attributable to the tenant in the annex of decree n ° 87-713 of August 26, 1987. It is organized by expenditure stations (elevator, water, heating, electricity, common spaces, taxes).
Elevator and upload
In terms of elevator and climbing, the following expenses can be recovered from the tenant:
- Electricity
- Exploitation of the device (semi -annual cable exam, periodic visit, cleaning, holding of the file by the maintenance company, incidents)
- Supply of maintenance products or materials (lamps to light the cabin, fats and oils required)
- Cabin repairs (change buttons change, door hugs), fuses and levels (mechanical, electric or tire farms)
Water and collective and individual heating
In terms of hot, cold water and collective heating, the following expenses are recoverable:
- Cold and hot water for all occupants
- Water required for the maintenance of the common areas and treatment plant
- Water used for the maintenance of outdoor spaces
- Necessities for operating and maintenance / treatment of water
- Energy supply (of all kinds)
- Exploitation of general and individual water meters
- Maintenance of chimneys and smoke exharators
- Repair of leaks intervened on joints
In terms of cold / hot water and individual heating, the following expenses are recoverable from the tenant:
- Heating and hot water production
- Distribution of water in the private parts with the control of connections, flow adjustment and temperatures, troubleshooting and replacement of water hunting bell seals)
Interior and exterior common areas
Inside a building, expenses relating to the common areas are as follows:
- Electricity
- Costs linked to the supply of cleaning products (brooms, bags for waste evacuation), disinSectisation and Disinfection products, maintenance of vacuums)
- Timer maintenance
- Carpet maintenance
- Repair of cleanliness maintenance devices such as vacuum cleaners
- Legal costs employed for maintenance (social charges)
Are included in the charges of external common areas, linked expenses:
- to the maintenance of traffic lanes,
- to parking areas,
- on the outskirts of green spaces,
- to children’s game equipment.
Rental and recoverable taxes
Finally, a number of taxes are said to be rental and therefore recoverable:
How to calculate the charges for a tenant?
The lessor calculates the recoverable charges using the list fixed by the decree. Please note, the charges must be justified, too, it is based on estimates.
Amount for a building located in condominiums
For a building located in a condominium, the amount is estimated thanks to the provisional budget of the building voted each year during the general meeting of co -owners. It can also be based on the results of previous periods.
Amount for an individual house or building
If rented accommodation is an individual house or building, the provision is calculated from the expenses made by the owner concerning the recoverable services and charges during the past years.
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How is the payment of rental charges?
It all depends on the type of rental. Payment of charges can be called monthly or quarterly. The lease contract fixes this question.
Housing rented empty: by provision and regularization
Following the Law No. 89-462 of July 6, 1989if the accommodation is rented empty, payment of charges is made by provision. These are monthly advances established for a specific amount thanks to the previously exposed calculation. Once a year, when the expenditure accounts are definitively arrested, the lessor does what is called regularization. An operation is carried out between what the tenant settled as provisions on charges and real charges. At the end, either the lessor calls for the payment of an additional amount, or he reimburses the tenant of the overpayment.
Lowed accommodation furnished: by provision or by package
As part of a furnished rental, payment of charges can be made by provision or by package. When it comes to package, there is no annual regularization of charges. The amount of the package can however be revised from one year to the next.
What are the tenant’s obligations?
In what cases can an increase in rental charges be made?
An increase in rental charges can occur annually at the owner’s request and on proof. Indeed, the increase in provision can only be done because of an increase in real recoverable charges over the past year, for example at the time of annual regularization. The amount of the package can be revised annually (article 25-10 of law n ° 89-462 of July 6, 1989) according to the same conditions as the amount of the main rent (indexing according to the rent index of the rents).
What are the charges included in the rent?
In reality, when an amount of rent indicates “included charges”, this means that the lessor added amount of the rent and amount of the provision or the package to offer his accommodation to the rental. The charges that are included in the rent stricto sensu (and not in the provision or in the load package) are those which are not recoverable. It is therefore all the charges which are not cited by the annex of decree n ° 87-713 of August 26, 1987.
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