Rental charges: what the tenant actually has to pay

The service charges include all expenses related to the ongoing use of the housing and the building that you can pass on to your tenant. Understanding these charges is essential to avoid disputes, optimize your rental management, and present a clear and compliant tenant charge statement.

Expenses included in service charges

The recoverable charges are those that the tenant must pay as they directly pertain to their use of the housing or common areas. They notably include:

• Cold water, hot water, and communal heating

• Electricity for common areas

• Maintenance of the individual or communal boiler

• Elevators and freight lifts (maintenance, minor repairs, electricity)

• Cleaning of common areas

• Maintenance of green spaces and playgrounds

• Property taxes, such as the household waste removal tax (TEOM)

These expense items often represent the bulk of the monthly apartment charge for your tenant.

Charges not recoverable by the landlord

Some expenses remain exclusively your responsibility. It is forbidden to charge them to the tenant. These notably include:

• Major maintenance and renovation work (façade restoration, roofing, exterior work…)

• Management fees of the property manager

• Building insurance (excluding insurance for the tenant)

• Rental management fees

• Replacement of outdated equipment

• Collection or litigation fees

Clearly distinguishing between recoverable and non-recoverable charges secures your rental relationship.

Calculating service charges: methods and best practices

To accurately calculate service charges, you must:

• Identify the expenses actually incurred

• Determine the portion due by the tenant

• Choose between provision on charges or fixed fee

• Keep all invoices and evidence for total transparency

A clear and documented calculation facilitates regularization and avoids disputes.

Actual charges or fixed fee: what are the differences?

Actual charges

You request monthly provisions from your tenant based on an estimate.
Each year, a regularization adjusts the provisions according to actual expenses.

Fixed fee charges

Fixed amount, without regularization.
This method is authorized only in furnished rentals, shared accommodation, or mobility leases.

The choice between fixed fee and actual has a direct impact on the amount of tenant charges.

Important points to know about service charges

Here are the essential elements to remember:

• The lease must indicate the method of calculating charges.

• The charges must correspond only to recoverable expenses.

• The tenant can request the detail of the calculation.

• You must comply with the legal deadlines for regularization.

• The rent + charges must remain consistent with the market.

Impact of the type of lease on service charges

The rules differ depending on the type of lease:

• Unfurnished rental: provisions + mandatory regularization

• Furnished rental: provisions or fixed fee

• Mobility lease: only fixed fee

• Shared accommodation: provisions or fixed fee depending on the lease wording

• Professional or commercial leases: broader scope of charges, specific rules

The lease regime directly impacts what the service charges include.

Regularization of charges: operation and obligations

Provisions, evidence, and transparency

As a landlord, you must:

• Present a clear breakdown of expenses

• Provide the evidence to the tenant for 6 months

• Explain the method of allocation (percentage, consumption…)

Transparency is mandatory to avoid any disputes.

Annual regularization: rules to follow

Regularization must be done once a year, ideally when you receive the property manager's statement.
In case of overpayment: you reimburse the tenant.
In case of underestimation: you can request a supplement.

Increase in charges: rights and limits of the owner

How is an increase in service charges calculated?

An increase may be due to:

• an increase in energy costs (water, heating),

• an increase in maintenance contracts,

• a rising provisional budget from the co-ownership.

Any increase must be justified and reasonable.

Legal deadlines for regularization of charges

You have 3 years to claim unregularized charges.
The tenant has the same timeframe to dispute.

Requests for evidence by the tenant

The tenant can demand to review:

• invoices,

• meter readings,

• maintenance contracts,

• the property manager's statement.

You must provide them within a reasonable timeframe.

Recourse in case of error or abusive regularization

In case of disagreement:

• First step: departmental conciliation commission

• If the dispute persists: judicial court

Service charges in co-ownership: particularities to know

In co-ownership, the charges payable by the tenant come from:

• the provisional budget,

• the shares of the co-ownership,

• the expenses related to ongoing maintenance.

The property manager provides a detailed statement, essential for accurately preparing your tenant charge statement.
Note: some property manager fees remain non-recoverable.