Rental charges: definition, operation, and calculation method
5 minutes
When you rent a property, the rent is not the only amount to be paid each month. There are also rental charges, often sources of questions and sometimes disputes. What are rental charges? What exactly do they correspond to, how are they calculated, and which tenant charges are actually recoverable by the owner?
Understanding how rental charges work is essential to avoid unpleasant surprises and secure the rental relationship. Here is a clear and complete guide to explain to you precisely what rental charges are, how they apply, and what rules govern their payment.
What are rental charges?
The rental charges, also called recoverable charges, correspond to expenses advanced by the owner but related to the daily use of the property by the tenant. They therefore add to the main rent.
Expenses related to the use and maintenance of the property
Specifically, a rental charge concerns the costs necessary for the proper functioning and regular maintenance of the property and its equipment. These expenses are directly related to the occupation of the property.
They notably help finance:
The maintenance of common areas
Certain water or energy consumption
The collective services used by the tenant
What do rental charges actually correspond to?
To understand what rental charges are, it is important to note that they do not cover all the owner's expenses. They only concern what the tenant uses or generates through their occupation, unlike charges related to the structure of the property.
The rental charges are strictly regulated by law, notably by the decree of August 26, 1987, which sets the list of recoverable charges.
What rental charges according to the type of property?
The content of rental charges varies depending on whether the property is located in a co-ownership, in a single ownership, or whether it is an individual house.
Rental charges in co-ownership
In a building in co-ownership, rental charges are generally more numerous. They include for example:
The maintenance and electricity of common areas
The elevator
The cleaning of halls and stairs
The common green spaces
These tenant charges are distributed according to shared ownership or actual consumption.
Rental charges in single ownership
In single ownership, when the owner holds the entire building, rental charges mainly concern:
The maintenance of common equipment
The collective services
The shared water or energy consumption
The logic remains the same: only the recoverable rental charges can be re-invoiced to the tenant.
Rental charges for an individual house
In an individual house, rental charges are often limited. They mainly concern:
The maintenance of the boiler
The garbage collection tax
Certain water consumption
The other expenses remain the responsibility of the owner.
What expenses can be recovered from the tenant?
Not all expenses can be included in rental charges. The distinction between recoverable and non-recoverable charges is essential.
Recoverable charges provided for by regulation
The law precisely defines the recoverable rental charges, including:
Cold and hot water
Collective heating
The electricity of common areas
The regular maintenance of equipment
The garbage collection tax
These tenant charges must be justified and calculated transparently.
Non-recoverable charges at the owner's expense
Some expenses can never be charged to the tenant, such as:
Major work
Structural repairs
Management fees
Depreciation related expenses
These charges remain solely the responsibility of the landlord.
Payment of rental charges: rules to follow
The payment of rental charges is governed by strict rules aimed at protecting the tenant.
Obligation to mention charges in the lease
The rental lease must obligatorily specify:
The mode of payment of the charges
Their nature
Their mode of calculation
Without this mention, the recovery of rental charges can be contested.
The amount of rental charges
The amount of rental charges must be consistent with the actual expenses. An abusive or unjustified estimate can be challenged by the tenant.
What are the modes of payment for rental charges?
There are several ways to pay rental charges, depending on the type of lease and the choices of the landlord.
Charge advance
The charge advance is the most common payment method. The tenant pays a monthly estimated amount in addition to the rent.
How is the charge advance calculated?
The advance is calculated based on:
The actual expenses of the previous year
The projected budget of the co-ownership
A regularization is then carried out.
Flat rate charges
The flat rate charges correspond to a fixed amount, without regularization. It is mainly used for furnished rentals. Attention, this flat rate must remain reasonable and realistic.
The direct payment of certain charges
In some cases, the tenant can directly pay certain rental charges, such as water or electricity, to the suppliers.
Regularization of rental charges: how does it work?
The regularization allows adjusting the amounts paid by the tenant to the actual expenses.
The annual regularization of charges
Once a year, the owner must compare:
The rental charges actually paid
The advances paid by the tenant
An overpayment is refunded, and a supplement may be requested.
The supporting documents the landlord must provide
The landlord must make available:
The invoices
The charge statements
The accounting documents
This transparency is essential to justify the tenant charges and secure the rental relationship.
