Decent housing: the owner's responsibility
Before any rental, the owner must ensure that the accommodation is clean, in good general condition And without risk to safety or health occupants. This includes compliance with the standards of decency defined by law.
During the inventory, if work is required, it is up to the owner to carry it out. before entering the premisesThe real estate professional plays a key role here in informing the lessor of his obligations.
If the agency ensures the rental management, she becomes the tenant's preferred contact in the event of technical problems.
Routine maintenance: a tenant's obligation
The tenant is responsible for maintaining the accommodation on a daily basis, by carrying out so-called rental repairsThese interventions are generally simple and inexpensive.
The law of July 6, 1989 (article 7) and the decree of August 26, 1987 provide a indicative list repairs at his expense. Please note: the absence of an item in this list does not mean that it is automatically the responsibility of the owner.
Examples of repairs to be paid by the tenant:
- Lubrication and maintenance of doors and windows
- Maintenance of walls, ceilings, floors, cupboards
- Replacement of bulbs, fuses, sockets, switches
- Cleaning of pipes, maintenance of faucets
- Maintenance of private exteriors (garden, terrace, gutters, etc.)
- Septic tank emptying, boiler maintenance contract, swimming pool, etc.
⚠️ Exception: If a malfunction comes from the dilapidation or a construction defect, the repair is the responsibility of the owner.
Works and transformations: what the law says
The tenant cannot carry out any transformation works without the agreement written and express of the owner. This includes cosmetic changes such as a brightly colored paint job.
To be valid, the written agreement must:
- Describe precisely the nature of the work
- Mention any possible compensation (e.g. rent reduction)
- Indicate whether the accommodation was decent before the work
In the absence of a written agreement, the tenant must restore the accommodation upon departure. The owner may take legal action if the work has not been carried out as agreed.
Major works to be carried out by the owner
The lessor remains responsible for the structural maintenance of the property: repair of roofs, shutters, facades, replacement of old elements, etc. These works aim to guarantee the housing conservation and can be made identically or with improvement.
Financial aid is available for this work, particularly through ANAH Or MyPrimeRenov', although the procedures can be complex.
Inform and prevent: the right reflexes to adopt
The tenant has a duty to promptly report any damage or malfunction likely to make the accommodation unfit: infiltration, blocked shutter, leak, etc.
If he doesn't, he may be held partially responsible for repairs. In the event of inaction by the owner, the tenant must nevertheless continue to pay rent and engage a legal procedure (formal notice, referral to the judge).
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