Charges associated with the maintenance of the apartment

Generally speaking, the renter is responsible for the maintenance and minor repairs within the apartment, while the owner/landlord is responsible for the more significant repairs. For example: The renter replaces the washer (in the case of a leaky faucet) The owner/landlord replaces the faucet itself when it’s worn out.

In the case of an unfurnished rental, the law determines the list of rental charges. (See « décret n°87-713 du 26 Août 1987 »). Any expense not listed is not reimbursable to the renter.

For furnished rentals, these charges are not regulated. It is therefore the contract itself which determines the how the rental charges are assigned. Generally, for leases of one year or more, the renter is considered responsible for standard maintenance: changing the light bulb; replacing the cooker hood filters; caulk around the bathtub; maintenance of the gas heater; and appliance repairs if the breakdown is due to incorrect use.

Charges associated with the maintenance of the building

The rental charges for the building for which the renter receives a direct benefit and which are billable are: Expenses relating to the maintenance of the building’s common areas (entry, lift, stairways, dumpsters, gardens…); Minor repairs to the building’s common areas; Fees to remove household refuse and rubbish

The following expenses, more particularly, are prorated based on the renter’s percentage of the building’s occupation:  Standard maintenance and electricity for the elevator, as well as any charges associated with service calls (breakdowns or individuals trapped inside);  Electricity charges in the hallways, stairways, and cellar;  75% of the guardian’s total salary;  Fuel and maintenance of collective heating;  Water consumption and statements from the water meters; Consumable supplies (light bulbs…), cleaning supplies, and other maintenance materials (broom, vacuum cleaner, etc.)

Payment of rental charges

Either the payment is made annually – upon presentation of the amount resulting from the breakdown of charges, the renter pays his actual charges in one payment, OR Monthly (or quarterly) payments are made into a reserve for the building charges – the renter pays his anticipated amount.

The owner/landlord is therefore held responsible for putting the charge accounts in order once a year. When the total reserve paid by the renter is more than the actual amount of the building charges, the owner/landlord must reimburse the renter. On the other hand, if the total costs exceed the reserve, the owner/landlord has the right to reclaim the difference. In addition, the owner/landlord must make available to the renter all proof of charges (bills, maintenance contracts, etc.) for one month from sending the breakdown.

In a furnished rental, and when the lease is for a temporary residence or job posting, a lump sum for charges is included in the rent; in this case, no further justification or breakdown of charges is necessary.

Complaints/Claims

The owner/landlord and the renter both have a time limit of five years, starting from the end of the lease, to file a complaint/claim for non-payment of charges (on the side of the owner/landlord) and for the non-reimbursement of excess charges paid (on the side of the renter).

Both parties may write to the Commission de Conciliation des Rapports Locatifs, 50 avenue Daumesnil, 75012 Paris. A detailed letter should be sent along with supporting documents for the loss described. This is a simple and effective procedure and is free of charge.

*Please note:  Electricity and telephone bills are in the name of, and charged to, the Tenant.

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