When you live in a rental property, one of the most common questions is who is responsible for paying the community fees: the landlord or the tenant? In this article, we will explain clearly how it works, what the law says, and what you should consider when signing a rental contract.
Who Is Responsible for Paying the Community Fees?
1. The Landlord
By default, the landlord is responsible for paying the community fees. These include:
- Maintenance of common areas (gardens, elevators, hallways, etc.).
- Cleaning and services (porter, concierge).
- Ordinary and extraordinary fees approved by the property community.
2. The Tenant
In many rental contracts, the tenant may be required to pay some or all of these fees. This is legal, as long as it is clearly specified in the rental agreement.
Note: If the contract does not mention anything about the community fees, the responsibility always lies with the landlord.
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The Rental Contract: Key Clauses
When signing a rental contract, it’s essential to check if there is a clause regarding the payment of the community fees. Here are the key points to consider:
1. Specific Clause
- For the tenant to be required to pay the community fees, there must be a specific clause in the contract stating this.
- If this clause does not exist, the responsibility for payment lies solely with the landlord.
2. Ordinary vs. Extraordinary Fees
- Ordinary fees: These refer to regular maintenance of the building, such as cleaning, minor repairs, or lighting. If the contract mentions this, the tenant is responsible for these fees.
- Extraordinary fees: These include major improvements, large repairs, or other significant changes to the property. These are typically the responsibility of the landlord, unless otherwise agreed in the contract.
How Are the Fees Calculated and Paid?
If the contract stipulates that the tenant is responsible for paying the community fees, it is important to define how the payment will be made.
1. Exact Amount or Calculation Method
- It is advisable to specify in the contract the exact amount the tenant will pay or at least the calculation method (for example, according to the fees set by the community of property owners).
2. Payment Method
- There are two main options:
- The tenant pays directly to the community.
- The payment is made to the landlord along with the monthly rent.
3. Fee Adjustments
- The community fees may change over time. It is advisable to state in the contract how these adjustments will be managed and whether the tenant will be notified in advance.
Transparency: Tenant’s Rights
1. Payment Proof
The tenant has the right to request proof of payments made. This allows them to verify that the fees are being paid correctly and on time.
2. Communication of Changes
The landlord must inform the tenant about any changes to the community fees that could affect the agreed monthly amount.
Tip: Maintaining open and transparent communication between the landlord and tenant helps prevent misunderstandings and future conflicts.
What Happens If the Tenant Doesn’t Pay?
If the contract stipulates that the tenant is responsible for paying the community fees and the tenant fails to do so:
- The landlord may consider this non-payment as a breach of contract and take legal action, including terminating the rental agreement.
- To avoid this scenario, it is essential for both parties to reach a clear agreement and document it from the beginning of the rental period.
Final Tips: Avoid Confusion
To ensure there are no issues with the payment of community fees:
- Carefully review the rental contract before signing.
- Make sure it is clear who is responsible for the fees and under what conditions.
- If you have any doubts, seek advice from a real estate or legal professional.
Clear Agreements for a Trouble-Free Relationship
Paying the community fees while renting shouldn’t be complicated if both parties agree and outline the terms in the rental contract. Remember:
- The landlord is responsible by default, unless stated otherwise.
- If you are responsible as a tenant, make sure to know the amount, payment method, and your rights as a tenant.
Consult with our experts and find the rental property that best suits your needs. We help you through the entire process!
