Payment of rent and charges is a tenant's obligation under the lease agreement. The term rental obligation is often used. Back on the conditions of payment of the rent.
What are the terms of payment of the rent?
The amount of the rent and the date of payment are set by the owner and must be indicated in the lease contract. There is a distinction between payment due, when it comes to settlement for the coming period, and payment in arrears, when it comes to settlement for the past period. Rent is usually paid monthly. It may be paid at other intervals, for example every three months, but this must be provided for in the lease agreement. In addition, the tenant can impose a monthly payment to the owner.
The payment of the rent can be done in cash (up to 3 000 €), by check or by automatic transfer. The owner can not tax the tenant payment by automatic payment but he can offer it.
After payment of the full rent and rental charges, the tenant can ask the owner what is called a rent receipt. The rent receipt is a document indicating that all amounts owed, rent and charges, have been paid by the tenant. This document must be free.
If the payment has been partially settled, according to agreement between the owner and the tenant, the tenant can ask, not a receipt, but what is called a receipt.
What are the risks in case of unpaid bills?
We are talking about unpaid rent, or late payment, only one day after the scheduled date in the lease contract. If no agreement could be found between tenant and landlord, the latter can initiate legal proceedings against the tenant to receive his due.
The owner can call on a bailiff to send a command to pay to the tenant. Upon receipt of this document, the tenant:
- has two months to settle his due, rent and charges
- may request a spread of debt through the usher
- can seize the departmental conciliation commission or the magistrate to challenge the debt
In case of non-payment two months after sending the order to pay, the owner can contact the court of first instance, and can send the tenant a subpoena to appear before the judge.