Under Article 23 of the Act of 06/07/1989, proof of your statement of chages should be made available at the premises of your landlord during a period of one month from the date of receipt thereof.
Below the updated January 15, 2009 case law, departmental responses and Decree of 19 December 2008 (only staff).
This update presents a selection of the definition of expenditure items with support either:
- by Owner: Pro.
- or by the Tenant: Loc.
STAFF COSTS (new decree expense)
Maintenance and elimination by a guard or even if conciergey third (company) occurs during weekly rest days and holidays under the contract of employment, in cases of force majeure, work stoppages or due to physical impossibility or the guardian or custodian to perform both tasks.
Pro. 25%
Loc. 75% (only if both tasks are performed concurrently and exclusively by the same person or a couple with a common labor contract)
Maintenance and / or elimination by a guard or even if conciergey third (company) operates under the same conditions as above.
Pro. 60%
Loc. 40%
Maintenance or eliminate releases provided by an employee of building.
Loc.
costs of technical support staff responsible for direct control of it.
Loc. Capped at 10%
Concept of pay guardian, caretaker or employee of building:
Salary nature
Pro.
Profit and profit sharing Company.
Pro.
allowances and bonuses retirement.
Pro.
Redundancy.
Pro.
contribution to a mutual assumption by the employer or by the council.
Pro.
Employer participation in the council.
Pro.
Employer participation in the construction effort.
Pro.
contribution to occupational medicine.
Pro.
HYGIENE
Flushing and drainage pipes (Cass. 12/06/1995).
Loc.
Flushing and draining cesspools (AC Bordeaux 01/16/2003).
Pro.
Descaling columns Falls, connection of sewage and water valve manifolds external bleeding (Cass. 06/12/1995).
Loc.
costs unblocking chutes (Cass. 27/11/2002).
Pro. Interview
pump sewage lift (Cass. 05/27/2003).
Loc.
Extermination (Cass. 01/29/2002).
Pro.
Disinfection of dry risers (AC Bordeaux 01/16/2003).
Pro. 90%
Loc. 10%
disinfection and disinfestation facilities (AC Bordeaux ditto).
Pro. 60%
Loc. 40%
products needed for pest control and disinfection including columns chutes so common (Cass.27.11.02).
Loc.
cost disinfestation and disinfection of the units (CA 05/13/1993).
Loc.
Personnel costs related to the pest (Cass 10/03/1999).
Pro.
unclogging sewer fees (Cass 03.04.2007).
Pro.
plastic and paper bags required for garbage collection (rép.minist 05/23/1984).
Loc.
rental bins (Cass. 05/10/1994).
Pro.
Rental costs of trash and pay its staff disinfection (CA Lyon 11/19/2003).
Pro.
Removal of bulky (AC Bordeaux 01/16/2003).
Pro.
rental containers for garbage collection (rép.minist 05/23/1984).
Pro. Exceptional costs
disgorging pipes (CA Paris 03.04.2004).
Pro.
MAINTENANCE
Cleaning graffiti (Cass. 07/17/1997).
Pro.
Replacing carpet brushes (AC Bordeaux ditto).
Pro.
Repairs due to acts of vandalism (AC Bordeaux ditto).
Pro.
tree pruning (Cass. 03/23/2004).
Pro.
Maintenance of green areas open to the public (11/30/2005 Cass.).
Pro.
replacement bulbs of the common internal (IT 31/01/1989).
Pro.
Deterioration of the common (rép.minist 03/13/1989).
Pro.
Interview generator (Cass 11/30/2005).
Pro.
replacement plants (Cass March 4, 2004).
Pro. Big
repair / replacement of tractors and containers used to transport garbage (reply minist. 17/09/1984).
Pro.
maintenance costs of the antenna (rép.minist 07/06/1993).
Pro.
Upgrading or Replacement mailboxes failing collective agreement (13/01/1993 rép.minist).
Pro.
Interview pumps for metering products used to prevent corrosion of pipelines and facilities (CA 18.03.08).
Pro.
storage costs timer (Cass 11/30/2005).
Pro.
Consumer cleaning products even if excessive (Cass 30/11/2005).
Loc.
SECURITY
Babysitting costs of night and weekend (Cass 19/03/2008).
Pro.
Night watchmen parking areas (Cass. 10/08/1997).
Pro.
Spending remote alarm and monitoring systems (Cass 01/06/2005).
Pro.
costs of monitoring and building security (dir minis 12/12/1983).
Pro.
Elevators: minimum periodic checks, repair and replacement of small parts, troubleshooting and intervention for people trapped (Law ENL). [Beware: The law ends the ENL share 73% / 27% for full contract and imposes an encryption distinct from P3].
Loc.
Phone Line (the elevator alarm) (24/03/2004 Cass).
Pro.
Replacement elevator doors, installation of security locks (rép.minist 18/09/1987).
Pro.
Maintenance and recharging of fire extinguishers, fire booster maintenance, fire safety contract (rép.minist.28.09.87).
Pro.
HOT AND COLD WATER
Provision of meters, maintenance, a statement of the consumer index, the quarterly breakdown of expenditure of hot and cold water, billing and collection of them there with users (Toulouse 11.17.1998 CA).
Loc.
HEATING
Cost of fuel stored at each heating season, only the cost is recoverable consumed (Cass 02/05/1992).
Pro.
leasing costs of liquefied gas tankers (min. response 01/14/1985).
Pro.
Expenditure on management tasks, remote management and remote monitoring related to heating (Cass. 23 March 2004).
Pro.
Amortization of heating and hot water (Cass 06/12/95).
Pro. Rental
gas tank (rép.ministé 14/01/1985).
Pro.
Overconsumption heating if the tenants claim (CA 06/17/1986).
Pro.
Heating costs that the tenant does not (CA 07/01/1993).
Loc.
VARIOUS
subscription fees of the box the phone even if it is not open to tenants of 24 to 24 provided that the tenant has previously been informed by the landlord (Squares 29.10.08).
Loc.
Installing a telephone intercom decided by collective agreement (Cass 09/17/2008).
Loc.
TAXATION, CHARGES AND OTHER
Lease Law (since 01.01.2000 <> rents for € 5,488.16).
Pro.
role expenses (cost of assessment and collection) of the Tax garbage collection and sweeping tax (Act ENL).
Pro.
TEOM if it does not appear independently in the municipal budget, no tax rate is established and it does not give rise to any product (Cass 10/06/1998).
Pro.
para-fiscal tax for air pollution (AC Bordeaux 01/16/2003).
Pro.
VAT and profit margin on service contracts after the promulgation of the Law of July 13, 2006 ENL
Loc.
AGENCY FEES AND MISCELLANEOUS
fee payment notice (rep. minist. 10/10/2006).
Pro.
Management charges Real Estate (rep. minist.31.03.83).
Pro.
deposit and administrative fees related to water meters (CA 11/17/1998).
Pro.
Fees connection cable antenna television when the tenant does not agree to be connected (Cass 01/29/2002).
Pro.
Miscellaneous information
Decree of 19 December 2008 : no retroactive effect where necessary in a load control to distinguish two periods: before 1 January 2009 and thereafter.
Collective Agreement
Possibility Deviations from the list by collective agreement (Act ENL).
VAT and profit margin
can the tenant to obtain refund of VAT and profit margin on maintenance contracts for the period prior to July 13, 2006, the law ENL had no retroactive effect (Cass 19 March 2008).
Between tenants
Possibility for the outgoing tenant requesting reimbursement of fuel to the new tenant (Cass 11/29/2006).
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