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Agency fees: what are the fees payable by the tenant?
When finding a rental through a real estate agency, one should expect to have to pay agency fees. Part of these fees are due by the landlord, but another part remains payable by the tenant.
Studapart provides an update on the distribution of agency fees in the context of a real estate rental: who pays what? What are the maximum amounts that can be requested from you?
What are agency fees or charges?
Fees payable by the landlord
The landlord is responsible for:
- Part of the fees related to the entry inventory;
- Part of the fees charged for organizing visits to the property, creating the tenant's file and drafting the lease;
- The entire fees related to the rental management of the property;
- 100% of the fees for the inventory of fixtures at the end of the tenancy, if it is done amicably.
Fees payable by the tenant
The agency fees that can be charged to the tenant are:
- Part of the fees related to visiting the property, creating the rental file and drafting the lease;
- Part of the fees for the entry inventory;
- Part of the fees related to the lease renewal, if it involves drafting an amendment to the current lease.
You will have to pay the agency fees by check or bank transfer:
- At the time of entering the property for the inventory of fixtures fees;
- At the time of signing the lease for all other fees.
How are the rates of the real estate agency set?
Real estate agencies are free to set their fees. However, they are subject to several obligations:
- Rates must be clearly displayed in the agency's window, at the entrance to the premises, on each of its advertising windows, as well as on its website.
- Fees must be expressed including all taxes (VAT).
- For each service offered by the agency, the person responsible for paying the agency fees must be specified: owner and/or tenant.
How are agency fees calculated?
The calculation of agency fees follows two main rules:
- The tenant cannot pay more than the amount paid by the owner of the property.
- Fees must not exceed maximum limits per square meter of living space (which vary depending on the situation).
Agency fees for the entry inspection
The fees provided for the move-in inventory are shared between the owner and the tenant. The amount paid by the tenant cannot exceed:
- Half of the total amount charged by the real estate agency;
- And €3 including VAT per square meter of living space.
The Public Service website offers a simulator to calculate the sharing of costs for the entry inspection between tenant and owner.
| Example :
If your accommodation has a living space of 30 square meters, and the entry inspection is billed at €190 including VAT by the agency, the amount to be paid by the tenant cannot exceed:
Therefore, the amount paid by the tenant will be €90, and that of the owner will be €100. |
We are sharing with you all the information you need to know to successfully complete your entry inventory!
Calculating other agency fees
Among the other agency fees that concern the tenant, we find: property visits, creation of the rental file, and drafting of the lease agreement. Here too, the amount is shared between the tenant and the landlord, and the portion that falls on the tenant cannot exceed:
- Half of the total amount billed by the real estate agency;
- And a maximum amount per square meter of living space, which depends on the zone where the property is located (Alur law):
- If the accommodation is in a very tense zone: the ceiling is set at €12 including tax per square meter;
- If the accommodation is in a tense zone: the threshold is set at €10 including tax per square meter;
- If the accommodation is in another zone: the ceiling is set at €8 including tax per square meter.
To find out if your property is located in a tense zone or not, go to the simulator on the Public Service website.
| Example :
If your property is 30 m² and the amount charged for its visit, creation of your file, and drafting of the lease agreement is €550, the portion that you will have to bear cannot exceed:
· 550 / 2 = 275 € ⇒ half of the total amount.
AND
· In a very tense area: 12 x 30 = 360 € ⇒ 360 € per square meter of living space.
· In a tense area: 10 x 30 = 300 € ⇒ 300 € per square meter of living space.
· In another area: 8 x 30 = 240 € ⇒ 240 € per square meter of living space.
The portion to be paid by the tenant will therefore be €275 if the housing is in a tense or very tense area, and the portion of the landlord will also be €275.
However, in another area, the tenant's portion will be €240 and the landlord's portion will be €310. |
The Service Public website also offers a dedicated simulator to estimate this part of your agency fees!
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