In a rental, major works are paid by the owner.The tenant takes care of the current maintenance.However, disagreements can happen...How to determine what work is the responsibility of the owner and those at the expense of the tenant?Family file answers all your questions so that you finally know who pays what.
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M'abonnerWho should pay the work in a house or apartment for rent?The tenant or the owner?Is there a list of the work incumbent on the owner and the tenant?
Disputes often occur on these subjects, during the move, during the lease or when the tenant makes the keys.The law recalls the duties of each.
The owner has the obligation to provide decent accommodation and in good condition, he must maintain it, finances major repairs and refurbishments.The tenant takes care of current maintenance costs.
Decent accommodation
When you enter the accommodation you have rented, the owner has the obligation to ensure that he is decent and in good "state of use" (article 6 of law n ° 89-462 of 6 July 1989, J.O.7).This does not mean that the accommodation is completely new, but that all the equipment works and present no risk for your health and your safety.
For example :
Also read: French heating expenses.
Rehabilitation: for the owner
Isn't the accommodation in good condition?You are entitled to demand from the owner of the rehabilitation work.
Thus the judges considered that a owner, whose apartment presented a significant condensation due to ineffective ventilation and a lack of sealing between the shower room and the living room, had not respected hisObligation to issue and maintenance of housing.She was condemned to pay damages to her tenant who could not stay in the premises (Court of Cassation (3rd Civil Chamber, 8 November 2011), appeal n ° 10-31.011).
Attention.Often, in order not to wait for the owner to do the rehabilitation work, the tenant negotiates to carry out the rehabilitation work against a restoration on the rents for a few months.This agreement must be included in the lease or be the subject of an amendment which engages the two parties.
The list of work at the tenant
Some works are incumbent up on the tenant: these are the work necessary for maintaining the accommodation in good condition (see at the end of the article).
We are talking about small repairs or "rental repairs".But how can we sort out and pay only those as you, as a tenant, should assume without you quarrel with your landlord?To help you distinguish the maintenance repairs from others, regulations very precisely lists the menus work that you must provide (Decree No. 87-712 of 26 AUBUTE 1987, J.O.30).
Even if the list is very detailed (it goes so far as to replace the targettes and the piezoelectric ignitions of the gas devices), it is not exhaustive.In fact, it cannot review everything and certain points give rise to the interpretation of the judges in the event of a conflict, especially since, since its publication in 1987, the equipment and the elements of comfort have singularly evolved.
Lubrication of hinges, hinges and hinges;CHRPPAIRS REPAIRS OF PURCHS AND DOORS OF DOORS, GONDS, CREMENTS AND SPAGNOLETTES OF THE FOODS;replacement of bolts, keyboards, targettes, lost or deteriorated keys of doors and grids;repair of sealants, replacement of broken windows.
Lubrication of the mechanism;replacement of strings, pulleys and a few blades.
Walling of the walls;Small paint, tapestry, carpet fittings;Relchage of holes on the walls;replacement of broken parquet tiles or blades;Encausting and maintenance of the vitrification of the parquets;Shampouine of carpets.
Disgorgement;replacement of joints and necklaces of water pipes;replacement of joints, valves and taps-hobs;Cleaning limestone deposits;replacement of showers;replacement of joints, floats and joints of the water hunts.
Replacement of switches, sockets, circuit cuts and fuses, bulbs, light tubes;repair or replacement of protective baguettes or ducts.
Common maintenance of taps, siphons and ventilation openings;periodic replacement of connection pipes;replacement of the biments, pistons, membranes, water boxes, piezoelectric ignitions, valves and gas devices;rinsing and cleaning the heating bodies and pipes;sweeping of the evacuation ducts of smoke and gases.
Current maintenance and small repairs;replacement of tablets and cleats and repair of their closure device;Fixing of fittings and replacement of joinery tips.
Drawing of rainwater descents, cheneaux and gutters;maintenance of alleys, lawns, massifs, pools and swimming pools;Watering, size, pruning, dealer of trees and shrubs;replacement of shrubs;repair and replacement of watering facilities;emptying of septic, ease and sumps.
Dilapidated or force majeure
In case of obsolescence (that is to say normal wear), construction defect (a waterproofing lack, a crack in a wall) or for force majeure (a storm, a landslide, a tremorof land), the obligation to repair no longer incorporates the tenant.If, for example, the twenty -year -old boiler, regularly maintained, breaks down and makes the soul, it is up to the owner to bear the costs of his replacement.Same thing, if after a strong thunderstorm, and despite all your precautions (you had closed well windows and vasistas), water infiltrations occur.
The multi -risk home that you have to subscribe will compensate the costs you incur for the restoration of the premises or to replace wallpapers, floor coverings, furniture or damaged equipment.But the essential work to remedy infiltration (repair of the roof, a crack) is always the responsibility of the owner.
Quickly warn the owner
So that your owner can undertake the work that comes back to him, it is up to you to warn him as soon as possible.As soon as you discover a device broken down or any other big defect, contact it by phone and explain it precisely what is happening.Keep contact to follow the professional's work: organize the appointment and, possibly, be present to accommodate the workers.
If your owner, or his representative, does nothing, put it in notice by registered letter with acknowledgment of receipt of making repairs within a specific time.Always nothing ?Enter the Departmental Conciliation Commission.
Do not stop the payment of rents!
If work must be done by the owner and are slow to set them up, do not make the mistake of stopping the settlement of your rents to put pressure on him.You will put yourself in your wrong.
Thus, a tenant who had stopped paying his rent was sentenced because the magistrates considered that "the non -performance of reparation work by a yawn could not dispense the lessee from paying the rent" (Court of Cassation (3rd civil chamber,February 22, 1994), appeal n ° 92-11.882).Only the judge has the possibility of reducing the amount of the rent or suspending, with or without consignment, its payment until the work is executed.
The accommodation is uninhabitable during the work
Once the owner agrees to do the work, you must hear with him to fix the days and hours of intervention.If the repairs are urgent, you cannot differ them and you must support them whatever the discomfort caused.
However, if the site spreads over more than forty days, the amount of the rent will be reduced in proportion to the duration of the work and the part of your home of which you are.
If the repairs make your accommodation completely uninhabitable, know that the law does not impose your lessor to relocate you, but you can request to terminate your lease without notice (article 1724 of the Civil Code).
Please note: work, yes, transformations: no!
You can arrange the accommodation to your liking but not transform it without the written authorization of the owner.
You will have the leisure to change the carpet, line the walls, but, without the green light from your lessor.On the other hand, it is impossible to arrange a kitchen in a bedroom, replace a bathtub with a shower, delete or build partitions, shoot down trees in the garden, widen a door, install a veranda orto cover the walls with colors other than neutral.
You run the risk, at the time of your departure, to have to pay the costs of restoration.
This is what happened to a tenant whose lessor did not share the tastes.The Grenoble Court of Appeal (1st Civil Chamber, October 25, 2001, n ° 09/01414) thus condemned this tenant to pay for him part of the paint costs set by its owner after his departure.During the lease, he had adorned with bright red the entire room, in pink the earthenware tiles of the bathroom and the walls of the living room, in green the frames of the bathroom, the plinths and the door ...
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