The agency fees for the rental of a property are settled, for the most part, by the lessor. However, certain services remain the responsibility of the tenant provided that certain ceilings are respected. Agency fees: tenant, owner who pays what? Answer to follow in this article.
The distribution of agency fees
Whether the housing is rented empty or furnished, the remuneration of the real estate agency in charge of the rental of the property remains exclusively the responsibility of the owner.
Can only be charged to the tenant:
- The fees in connection with his visit to the premises;
- fees for the constitution of its rental file;
- the drafting the lease;
- the inventory.
The cost of these operations is shared between the tenant and the landlord. The share paid to the tenant can not exceed the ceilings defined by the Alur law.
During a lease renewal, payment of agency fees can not be requested again, except in the case of the drafting of a new lease following a re-evaluation of the rent.
To note: when the owner wishes to entrust the rental management of his property to an agency, the costs incurred by the services subscribed can not be charged to the tenant and remains the exclusive responsibility of the lessor.
A framing agency fees benefiting tenants
The agency fees corresponding to the realization of the inventory of fixtures are thus shared between the lessor and the tenant.
- The share attributable to the latter can not, however, exceed € 3 / m².
The expenses relating to the various other interventions which can be invoiced to the tenant (visit, file, lease...) can not however exceed:
- the amount paid by the owner-lessor himself;
- the statutory ceiling price TTC / m² of living space.
A ceiling that varies according to the geographical situation of the property:
|In very tense area||12 € TTC / m² of living space|
|In tight zone||10 € TTC / m² of living space|
|On the rest of the territory||8 € TTC / m² of living space|
To note: this cap is intended for moderate rental fees but does not concern the agency fees paid in case of acquisition of real estate.