Works: owner or tenant, who pays what?

Source PRESS 2024 : It goes without saying that a landlord must provide decent and usable accommodation to his tenant. What do we mean by "decent": that the accommodation is clean, in good general condition and complies with safety standards as well as without risk to the health of the occupants. If during the inventory, work is required, it is up to the owner to carry it out. It is at this stage that the role of the real estate professional takes on its full meaning, because he is best placed to inform the owner of his obligations before renting out his property. And if this professional also takes care of the management, he will be the tenant's first point of contact in the event of problems related to this work. Work to maintain the property condition : it is the tenant's responsibility. Indeed, the tenant, if he has rights, he also has obligations, in particular he undertakes to maintain the accommodation by carrying out minor repairs called "rental". The law of July 6, 1989 art.7 draws up an indicative list, which the decree of August 26, 1987 specifies without it being exhaustive. It is also necessary to take into account technical developments relating to comfort elements. However, conflicts between landlords and tenants most often arise from this lack of a precise list of repairs to be paid by each. Because and that would be too simple!: it is not because a repair is not indicated in the decree of 1987 that it is necessarily the responsibility of the owner. If we were to be purely logical, we would say that normal maintenance repairs are the responsibility of the tenant: replacing a light bulb, a shower hose, emptying a septic tank... these repairs are often simple and inexpensive. Without being exhaustive, here is what the list of repairs the tenant is responsible for could be:

• proper functioning of doors and windows: maintenance and lubrication of doors and windows
• maintenance of ceilings, interior walls and partitions, floor coverings, cupboards
• maintenance of switches, sockets, bulbs, fuses, etc.
• maintenance of water and gas pipes (taps, siphons, replacement of connection pipes, joints) but also of taps.

!!!WARNING: if a leak is caused by the dilapidated state of the pipes, it is up to the lessor to repair it, as the tenant is not responsible for the dilapidated state and the work that results from it. WHAT ABOUT THE FAMOUS BOILER!!!: the tenant must maintain the boiler and taking out a maintenance contract is the best way to have peace of mind. Moreover, it is advisable for owners to require that their tenant take out a contract when entering the premises. Exterior maintenance too: the tenant must also maintain the exteriors IF THEY ARE PRIVATE SPACES FOR HIS USE ONLY (mowing, trimming hedges, replacing shrubs without forgetting to remove moss between the slabs but also unclogging the gutters. If there is a swimming pool, the tenant must sign a maintenance contract (it is always better if you are not a pool professional!!) but in any case its maintenance (cleaning, changing filters... is obligatory) What about works or transformations? A tenant must collect the owner's EXPRESS agreement (written agreement) for all the transformation work that would be envisaged. Failing that, the property will have to be restored when leaving. Be careful for a repainting, it is better to use neutral tones, otherwise restoration is mandatory when leaving the premises!! This work can be carried out in return for a one-off reduction in rent. However, to be valid, this agreement must: - be in writing - state precisely the nature of the work - indicate any compensation - indicate whether the accommodation before the work met the standards of decency and habitability standards. The owner reserves the right to take legal action if the work is not carried out in accordance with what had been agreed in writing. MAJOR WORK / STRUCTURAL WORK: it is up to the owner to maintain his property: compensate for the wear and tear of the property (for this there is a dilapidation grid), deal with damage resulting from force majeure (storm, landslide, etc.), correct a defect, replace dilapidated elements. The so-called "conservation" work on the building is the responsibility of the owner, cracks in the facade, replacement of doors, shutters, roof repairs, etc. The replacement must be identical or by improvement. The work can be carried out with the help of state funding such as ANAH subsidies, a somewhat time-consuming file must be completed! or even MaPrimeRénov' aid. The tenant must generally inform his owner (or the managing intermediary) of any event that would render the property unfit for its purpose or any damage: infiltration, problems closing shutters, etc. A tenant who “forgets” to report damage may be ordered to pay part of the repairs. ATTENTION in the event of no response from the lessor or his intermediary, continuing to pay your rent is an obligation. Start by sending a formal notice and referring the matter to the judge as a last resort. Only the latter can reduce the end of the dispute. or suspend payment until the end of the dispute. USING A REAL ESTATE AGENCY CAN PREVENT ALL THESE HASSLES  The work must be carried out according to a schedule also indicating the times of interventions PIF YOU HAVE ANY QUESTIONS PLEASE CONTACT ME AT 07 81 33 37 02