Quick Fact Gestion Commerciale 26 EXCLUSIVE ❤
Quick Fact Gestion Commerciale 26
(1) the lessor must apportion the operating costs between him and the lessee in accordance with the state of the tenancy before the third month following the month in which the declaration is made. if no declaration is made during that period, the operating costs have to be apportioned at the time when the period of apportionment expires. to the extent that the declaration is based on the fact that operating costs have risen retroactively, it has a retroactive effect from the day when the operating costs rose, but at the earliest from the beginning of the calendar year preceding the year of the declaration, provided that the lessor makes the declaration within three months after he first has knowledge of the increase.
(6) the lessor has the right to demand from the lessee the amount of the rent apportionment falling to him within six months of the expiration of the period of apportionment. to the extent that the lessee has paid the amount of his share (less the amount of the apportionment) before the expiration of the period of apportionment or before the demand of the lessor, the lessor may accept this and deduct the amount of the apportionment from the rent which the lessee has had to pay from then on. the lessor may not make a claim under this sentence unless his demand for the amount of the apportionment is made within the period referred to in subsection(2).
(7) the lessee must oblige the lessor, within the period referred to in subsection (6), to deliver the amount of the apportionment falling to him. the lessee can dispute the amount of the apportionment, but this does not lead to binding the lessor to make an additional delivery.
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