Check the re-invoicing of rental expenses in a commercial lease

You are a tenant, holder of a commercial lease, and have paid provisions for charges during the year.
Your landlord asks you to pay additional charges that do not seem to be due either in terms of their nature or in terms of their amount.

You may require your lessor to justify the annual adjustment and send you the documents justifying the nature and amount of the additional charges claimed.

Your lessor cannot claim payment of all charges from you.

If your lease was concluded or renewed before the entry into force of the PINEL law, i.e. on 5 November 2014, case law considers that only the charges expressly and precisely provided for in the lease are due.

If your lease was entered into or renewed after this date, the lessor must take into account not only the precise and limiting inventory of the categories of recoverable charges appearing in the body of the lease or in the appendix to it but also the case law according to which only the charges expressly and precisely provided for in the lease are due.

The annual adjustment of charges is an opportunity to check any overpayments to the lessor.

Taking into account that your lease was concluded before or after the reform, our firm controls the invoicing of expenses operated by your lessor as well as their annual regularization.

We have set up a methodology to identify billing errors and use the service of a specialized company if necessary (we have a privileged partnership with CRYSTAL DECISIONS).

In the event that you have paid your lessor charges, we will be able to obtain a refund.

The legal action for reimbursement must be initiated within 5 years of the date on which the last adjustment of charges was made (according to case law, only the adjustment of charges allows the lessee to determine the existence of an undue).

In the absence of regularization, the period of 5 years may be increased to recover charges unduly paid over a longer period.