The owner can decide to pass the mower himself and still invoice the tenant for this work if the lease includes it in the reimbursable charges, observed the Court of Cassation.
In the case submitted to the Court of Cassation, an owner had rented commercial premises in a building surrounded by green spaces and car parks and he demanded payment for their annual cleaning and maintenance, which a tenant was discussing . There is no invoice from an external service provider, observed the tenant, and therefore there can be no reimbursement.
But the owner, according to the judges, can choose to replace an outside company and carry out this maintenance and billing himself. He can then ask for reimbursement of his service, the performance of which is not questionable.
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Claims for reimbursement of several mowing passes and tree pruning each year, which were not invoiced by a third party, were thus accepted. It is up to the judge, in the event of a dispute, to assess the amounts presented in this respect.
(Cass. Civ 3, 25.1.2023, G 21-17.985).
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