At this time of year, where changes in tenant are frequent, it is worth remembering that agency real estate agency fees have been capped since September 1st, 2014, for all rental contracts (furnished and unfurnished) that act as the tenant’s primary residence. What is the maximum amount that can be charged to the tenant?
The distribution of fees between landlord and tenant
Since the loi ALUR was passed, the fees for mediation and negotiating the lease of a property have been borne exclusively by the landlord. However, certain fees are still split between the landlord and the tenant: the inventory and statement of repair, the drafting of the contract, the organized property viewing the tenant’s customer file management. However, the total amount of fees charged to the tenant cannot exceed that of the fees paid by the landlord and must be smaller or equal to the cap that is fixed by law and annually revised. Furthermore, it’s important to remember that the real estate agent cannot request any payment prior to the signing of the lease.
Property viewing, customer file creation and drafting of the lease
The law n°2014-890, which was passed on August 1st, 2014, has applied since September 1st, 2014. It stipulates that the total fees for property viewings, customer file creation and lease drafting are capped (according to the rental property’s geographical location) at:
- €12 per m² of living area for highly dense areas;
- €10 per m² of living area for dense areas;
- €8 per m² of living area outside dense and highly dense areas.
The “high density” area corresponds to Paris and its neighbouring municipalities, where there is a significant gap between supply and demand for accommodation, while the “dense” area corresponds to municipalities subject to the annual tax on unoccupied properties, with the exception of municipalities included in the “high density” area.
Completing the inventory and statement of repair
This same law, which was passed on August 1st, 2014, sets a specific, individual cap for carrying out an incoming inventory and statement of repairs, which is fixed across all areas. It amounts to €3 per m². Except in particular circumstances, it is therefore not possible to make the tenant bear the fees for the outgoing inventory and statement of repair.
Ultimately, if the owner does not enlist a real estate agent and proceeds create the tenant’s customer file and draft the contract himself, he cannot claim any fees in this capacity from the tenant.