how you can recover the Household Waste Collection Tax (TEOM) from your tenant in France in 2025

Qlower has written this article to detail the steps for recovering the Household Waste Collection Tax (TEOM): we will explain the calculation methods and present exceptions and specific cases. This way, you will learn how to optimize the management of your rental charges!

 

The Household Waste Collection Tax (TEOM) is a charge that property owners can recover from their tenants, in accordance with current legislation. Although it is included in the property tax, reimbursement by the tenant is possible, provided the correct procedures are followed.

Table of Contents

What is the Household Waste Collection Tax (TEOM)?

Definition of TEOM

The Household Waste Collection Tax (TEOM) is a local tax collected by municipalities to finance public waste collection and treatment services. It is calculated based on the property’s cadastral rental value and is generally associated with the property tax. Unlike other local taxes, the TEOM is not linked to the tenant’s income but depends on the characteristics of the property.

Difference Between TEOM and Household Waste Collection Fee (REOM)

Municipalities can choose between two systems to finance waste collection services: TEOM or REOM.

 

  • TEOM: Calculated based on the cadastral rental value and collected with the property tax. It is a recoverable charge for the landlord to claim from the tenant.
  • REOM: Functions like a usage-based fee, determined by the volume of waste collected or the number of bin pickups. It often provides more flexibility, as it encourages waste reduction.

 

For more information, you can consult the legislation on TEOM and REOM on Legifrance.

How is the TEOM Calculated?

The Cadastral Rental Value

This represents the theoretical annual rent the property could generate. It serves as the basis for calculating the TEOM. The larger the property or the more desirable its location, the higher the cadastral rental value.

The Rate Set by the Local Authority

Each municipality sets a tax rate for the TEOM, which is voted on annually. This rate, applied to the cadastral rental value, determines the tax amount. Rates can vary significantly between municipalities.

Possible Management Fees

Some municipalities add management fees to the TEOM. These additional fees are intended to cover the administrative costs of tax collection and can slightly increase the total amount due.

Concrete Examples of TEOM Calculation

For a property with a cadastral rental value of €8,000 and a tax rate of 10%, the TEOM calculation would be as follows: :

  • TEOM Amount: €8,000 x 10% = €800

  • If management fees of 2% are applied, the total amount will be €816.

Who Should Pay the TEOM?

Landlord’s Responsibility

By default, the TEOM is owed by the property owner, who pays it along with the property tax. However, this charge is considered recoverable from the tenant, meaning the landlord can request reimbursement. Properties benefiting from a permanent property tax exemption are not subject to the TEOM.

Tenant’s Responsibility

As a recoverable charge, the TEOM must be reimbursed by the tenant. This principle applies as long as the property is occupied. The tenant is responsible for paying the TEOM for the period during which they occupy the property. In the absence of a specific clause in the lease, the law allows the landlord to recover this tax.

Cases of Vacant Properties

Request for Reduction or Exemption of the TEOM

When the property is unoccupied for at least three consecutive months, the landlord can request a reduction of the TEOM. To do this, they must prove that the vacancy is beyond their control and affects the entire property.

Possible Exemptions

Properties Not Served by the Waste Collection Service

Properties located in areas not covered by waste collection services are exempt from the TEOM. The landlord can contest the tax if they believe the service is not adequately provided.

Properties with Permanent Tax Exemption

Properties benefiting from a total and permanent property tax exemption, due to their use or special status, are also exempt from the TEOM.

Can I Recover the TEOM from My Tenant?

The TEOM is considered a rental charge and is therefore recoverable from the tenant.

 

What Are the Conditions?

To recover the TEOM amount, the rented property must be the tenant’s primary residence, meaning the landlord cannot pass the TEOM cost onto seasonal rental tenants.

 

The property must obviously be subject to the property tax on built properties and must benefit from a waste collection service.

When and How to Recover the TEOM from the Tenant?

In the case of renting an unfurnished property, charge payments are made on a provision basis, meaning the landlord pays the charges, and reconciliation is done at the end of the year. In this case, the landlord must be able to justify the amounts.

 

For furnished rentals, charges are often fixed, and reconciliation at the end of the year is therefore not possible.

 

In the case of a shared tenancy, it will depend on the lease.
If the leases are individual, each tenant must pay their respective share.

However, if there is a single lease, the tenants must organize themselves to pay the TEOM in full to the landlord.

 

If the landlord opts for a single payment after receiving the tax notice, they must send a reimbursement request to the tenant and provide supporting documentation for the amount claimed (a copy of the notice itself).

 

Additionally, the charge breakdown must be provided to the tenant at least one month before the annual regularization of rental charges.

Time of Year for Recovery

The TEOM is usually recovered after the issuance of the property tax notice, which occurs in September. The landlord must have paid the property tax before claiming reimbursement from the tenant.

 

The fiscal timeline to follow is as follows:

  • September: Receipt of the property tax notice.
  • October: Deadline for payment of the property tax.
  • November–December: Recommended period to claim the TEOM from the tenant.

Legal Deadlines for Claiming the TEOM

The landlord has a period of three years to claim the TEOM from the tenant, even if the tenant has already vacated the property. To avoid oversights, it is advisable to implement a system for tracking rental charges and to plan the regularization of charges systematically each year.

How to Invoice the TEOM to the Tenant?

Billing Options

Include the TEOM in Provisional Charges

This method involves incorporating the TEOM into the monthly charges paid by the tenant, with an annual adjustment based on actual amounts.

 

  • Advantages: Simplified management and an annual adjustment to avoid large one-time payments.
  • Disadvantages: Risk of underestimating or overestimating the charges.

To calculate the provisional charges, it is recommended to base them on the TEOM from the previous year, adjusted if necessary.

Separate Billing Upon Receipt of the Property Tax Notice

The landlord can invoice the TEOM to the tenant after receiving the property tax notice. This option provides greater transparency, as the tenant can directly see the claimed amount.

 

  • Transparency: The exact amount is justified by the property tax notice.
  • Flexibility: Allows for a one-time payment based on actual amounts.

Required Documentation for the Tenant

To ensure compliance and avoid disputes, the landlord must provide:

  • A copy of the property tax notice indicating the TEOM amount.
  • A breakdown of charges if the TEOM is included in provisional charges.

 

It is important to keep all supporting documents for at least three years, as this is the statute of limitations for recovering charges.

Calculating Proportional Shares in Shared Tenancies or Mid-Year Departures

  • For Shared Tenancies: The TEOM must be distributed fairly among the tenants. This can be done based on each tenant’s occupancy period or divided equally.

  • For Mid-Year Departures: The TEOM amount is calculated proportionally to the tenant’s time in the property (pro rata temporis).

Special Cases and Specific Situations

In the Event of a Tenant Leaving Mid-Year

When the tenant vacates the property before the end of the year, the TEOM must be adjusted proportionally to the time they occupied the property.

Calculating the TEOM for the Departing Tenant:

The TEOM amount is calculated based on the number of months the tenant occupied the property. For example, if the tenant leaves in September, they will owe 9/12 of the annual TEOM.

Procedure for Regularization:

The landlord must provide a detailed breakdown of the charges with a pro rata temporis calculation and, if possible, a copy of the property tax notice. Including this information in the move-out inspection report is recommended to avoid disputes.

What If the Landlord Forgets to Invoice the TEOM?

The landlord can still recover the unpaid TEOM up to three years after the relevant year.

 

  • Deadline for Claiming the TEOM: Three years from the issuance of the property tax notice.
  • Tips for Formalizing the Request: Send a registered letter with acknowledgment of receipt, including supporting documents (property tax notice, breakdown of charges).

Furnished or Unfurnished Rentals

The methods for recovering the TEOM may vary between furnished and unfurnished rentals:

  • Furnished Rentals: The TEOM is recoverable under the same terms as for unfurnished rentals, but specific rules for rental charges may vary depending on the lease type.

  • Unfurnished Rentals: The recovery principle is the same, but it is crucial to specify this in the lease to avoid disputes.

Seasonal Rentals

For seasonal rentals, recovering the TEOM is more complex due to the short stay durations. It is possible to pass this charge on to tenants by including it in the rental price or invoicing it separately if the stay exceeds one month.

Properties in Joint Ownership or Owned by an SCI

The management of the TEOM within the context of joint ownership or an SCI (Société Civile Immobilière) follows specific rules.

  • In Joint Ownership: The TEOM is distributed among the co-owners according to their ownership shares.
  • In an SCI: The TEOM can be recovered from tenants under the same conditions, but it is essential to maintain accurate accounting for the regularization of charges.

What to Do in Case of a Dispute with the Tenant?

Landlord’s Legal Obligations

The landlord must ensure that the lease clearly states the recoverability of the TEOM as a charge. Any charge regularization must be accompanied by supporting documents (e.g., property tax notice). Transparency in charge management is crucial to avoid disputes.

Tenant’s Rights

The tenant has the right to verify the amounts claimed, including requesting supporting documents. They may contest the charges if the amounts seem excessive or if the landlord fails to provide sufficient proof.

Procedure for Resolving Disputes

Communication and Amicable Negotiation

It is recommended to first resolve the dispute amicably by communicating clearly and providing all necessary supporting documents to justify the charges claimed.

Legal Recourse in Case of Non-Payment

If negotiation fails, the landlord may send a formal notice to the tenant. If the dispute persists, it is possible to refer the matter to the departmental conciliation commission. As a last resort, legal action may be pursued.

Practical Advice for Landlords

Drafting the Lease

Clause on Recoverable Charges

It is crucial to explicitly mention in the lease that the TEOM is part of the recoverable charges. This helps avoid disputes and ensures transparency with the tenant.

Defining Regularization Terms

The lease should also specify the terms for the annual regularization of charges, including the TEOM, as well as the provision of supporting documents.

 

Maintaining Accurate Charge Records

A rigorous management of rental charges is essential for annual regularization. Tools such as accounting software can help track expenses and payments.

Tip: Keep a record of all documents related to the charges to easily present them in case of a dispute.

Anticipating Charges to Avoid Non-Payment

To avoid unpleasant surprises, establish realistic provisions based on previous years’ amounts and regularly inform the tenant of charge adjustments.

Retaining All Supporting Documents

It is important to keep all supporting documents for at least three years. This period corresponds to the statute of limitations for recovering charges from the tenant.

 

Taxation and TEOM

Is the TEOM Tax Deductible for Landlords?

The TEOM cannot be directly deducted from rental income for landlords. However, in the case of an SCI subject to corporate tax (IS), the TEOM can be recorded as a deductible expense, which reduces the taxable profit.

 

Impact of TEOM on Property Tax

The TEOM is included in the property tax notice, which can create confusion. It is important to clearly understand the difference between the two taxes. The TEOM can vary from year to year depending on decisions made by local authorities regarding applicable rates. To anticipate these variations, it is useful to regularly consult local announcements about taxation.

FAQ

How is the Household Waste Collection Tax (TEOM) Calculated?

The TEOM is calculated based on the property’s cadastral rental value and a rate set by the local authority. It may also include management fees.

Who Should Pay the TEOM, the Landlord or the Tenant?

The tenant is responsible for paying the TEOM, but the landlord recovers it after having paid the property tax

How to Recover the TEOM from the Tenant?

The landlord can include the TEOM in provisional charges or invoice it separately after receiving the property tax notice.

What Happens if the Tenant Leaves the Property Before the End of the Year?

The tenant pays only the portion proportional to their occupancy period, calculated based on the departure date.

 

Can the Landlord Claim the TEOM Several Years After Forgetting It?

Yes, the landlord has up to three years to claim the TEOM, even after the tenant has vacated the property.

 

Can the TEOM Be Claimed for Vacant Properties?

If the property is vacant for at least three months and the vacancy is beyond the landlord’s control, a reduction may be requested from the local authority.

 

What Are the Differences Between the TEOM and the Housing Tax?

The TEOM funds the waste collection service, while the housing tax contributes to the financing of local public services.

 

What Are the Possible Exemptions from the TEOM?

Properties not served by the waste collection service or those permanently exempt from property tax may also be exempt from the TEOM.

What to Do if the Tenant Disputes the TEOM?

Provide clear communication and relevant supporting documents to justify the charge. If the dispute persists, seek amicable resolution or escalate through formal channels, such as mediation or legal action.

Conseil Qlower

Qlower publie régulièrement des articles afin d’accompagner et de conseiller les propriétaires bailleurs sur des sujets récurrents dans le domaine de l’investissement immobilier.

Si vous avez trouvé cet article intéressant et que vous souhaitez aller plus loin, retrouvez nos articles sur les coûts supportés par les propriétaires bailleurs et comment les réduire et sur Comment diminuer sa fiscalité sur les revenus fonciers ? ci dessous 

Auteur de l’article 

Anatole DELORD

Pôle patrimoine chez Qlower

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