RENTAL: THE LESSOR'S OBLIGATIONS
The lessor owner must give his tenant a receipt free of charge, if he so requests, certifying that he has paid his rent and charges. This document can be sent electronically, with the agreement of the tenant.
The definition and interest of the rent receipt
The rent receipt is a document drawn up by the landlord indicating that the tenant has paid the rent and the charges provided for in the rental contract. It must specify the address of the leased property, the identity of the lessor and that of the tenant, the period corresponding to the payment made and the amount of sums paid. It must distinguish between rent and charges. Where applicable, it must also indicate the sums reimbursed by the tenant for the comprehensive home insurance taken out by the lessor on his behalf, and the contribution paid for energy saving work carried out in the accommodation by the lessor.
The rent receipt constitutes both proof of payment and proof of address. It can be claimed from the tenant as part of certain administrative procedures, such as an application for housing allowance from the Family Allowance Fund. It can also be useful to him, especially in the event of a change of accommodation, to prove to his new lessor that he is up to date with his payments to his former lessor.
To know : The landlord cannot charge the tenant for setting up and sending rent receipts. Any clause to the contrary in the lease is deemed unwritten and therefore inapplicable. If the lessor has entrusted the management of the rental to a real estate agency, it is up to them to send the receipts. In this case, if it charges shipping costs to the lessor, the latter cannot request reimbursement either because its costs do not constitute a charge recoverable from the lessee.
How to send the rent receipt
The law does not require the landlord to send a rent receipt each month, but only when the tenant requests it. If it does not comply, the tenant can send him a formal notice, and if that is not enough, go to the court for satisfaction. Where appropriate, he can also claim compensation if the lessor's refusal causes him prejudice.
The delivery of the rent receipt can be done by hand or by mail. Now it can also be sent by email, with the tenant's consent. The law specifies that the tenant's agreement must be express. The lessor therefore has an interest in obtaining a written agreement to avoid any subsequent litigation.
The fact of sending a maturity notice to the tenant, to remind him of the amount to settle and his deadline for payment, does not dispense the lessor to send him a rent receipt after payment, if he claims it. These two documents are different, and the notice of payment does not constitute proof of payment.
Receipt or receipt, what's the difference?
The rent receipt certifies that the tenant has paid all the rent and charges for the period in question. If he pays only part of what he owes, the lessor must above all not issue a receipt, because he will then no longer be able to claim payment of the missing sums thereafter. In this case, he must issue him a simple receipt attesting to the partial payment made. This document does not contain any mandatory information, but it is recommended to enter the same information as those to appear on the receipts: address of the leased property, identity of the parties and details of the sums paid.
VANEAU Immobilier
Tel : 01 48 00 88 75
contact@vaneau.fr
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