Repairs to the tenant: what you should remember
Throughout the duration of the housing, the tenant and the owner share the repairs to be made in the accommodation.But everyone is responsible for very specific repairs, since the tenant takes care of the small repairs, while the owner takes care of the more substantial work and repairs:
Who pays what between the tenant and the owner?
The decree relating to the charges gives the limiting list of costs that can be recovered from the tenant concerning the rented property and the possible common areas of the building of the landlord or the condominium.The decree concerning repairs gives the list of those who are the responsibility of the tenant.This list is not limitative, the tenant must execute repair small even if they are not specified in the decree.In the event of difficulty with the owner, the departmental conciliation commission may give an opinion, its referral is free.
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Examples of repairs incumbent on the tenant
The concept of "small repairs" can sometimes seem abstract for certain tenants, as for some owners, which is why it is important to look at the following elements:
The tenant pays current maintenance and small repairs
The principle is that the tenant must take charge of current maintenance and small repairs, but are excluded the degradations caused by obsolescence, a criminal, a construction defect, a fortuitous case or the force majeure.When an element of the accommodation needs repair, it is necessary to check the cause.
If it is dilapidation which is at the origin of the problem then the repair is the responsibility of the landlord owner, even if it can be considered as a small repair.Ideally, a professional can intervene and indicate what, to his knowledge, caused degradation.
For example, when a flush no longer works one can only pay the tenant to replace small parts such as joints, float, and bell joints.No text gives maximum amount beyond which a repair is no longer considered as falling under the tenant, it is therefore necessary to check whether it is assimilable to a repair contained in the list of the 1987 decree.
How to define obsolescence?
One of the points that can oppose the owner and the tenant therefore concerns obsolescence, which is important to know how to identify in order to distribute the repairs between the tenant and the owner.Housing has paint, shutters, an electrical installation, plumbing elements, household appliances and sometimes carpet.This equipment deteriorates over time and over the use, but this deterioration is slow and normal in the presence of a tenant respectful of the premises.If an element degrades because of the time, not because of improper use or a shock, we then speak of obsolescence, and it is therefore up to the owner to replace or repair the dilapidated equipment.
On the other hand, it is sometimes difficult for both parties to know what is dilapidated because no official grid allows you to take bearings and know when normal wear stop, and when a bad startsUse of each item.Generally, it is therefore common sense that makes it possible to decide this thorny question.If for example, you have entered a accommodation containing carpet in very good condition, which you stayed there 10 years and that in your departure we distinguish some traces on the carpet, damaged fibers anda discoloration, it will be estimated that it is the normal wear of the carpet.The same goes for the trace of the furniture leaning against the walls: the paint is then discolored in certain places, and this is also normal wear and tear.
Conversely, if you only stayed in the premises and you leave traces behind you on the carpet and holes on the walls that were impeccable when you arrive, this will not be considered as'normal wear and tear.
From the moment an element is degraded due to normal wear and tear, the owner cannot invoice repairs or repair to the tenant.
