Tenant repairs in France: who pays, tenant or landlord

What the law says: a list, and everything else

Under article 1 of the 1987 decree, “Tenant repairs are routine maintenance work and minor repairs, including the replacement of items comparable to such repairs, resulting from normal use of the premises and of equipment for private use.” The decree’s annex sorts them into six headings: outside areas for the tenant’s exclusive use, interior and exterior openings, interior areas, plumbing, electricity, and other equipment mentioned in the contract.

Article 7 of the 1989 Act requires the tenant to bear routine upkeep, minor repairs and all tenant repairs, “unless they are caused by wear and tear, poor workmanship, a construction defect, an accident or force majeure”. The tenant is also liable for damage occurring during the lease, unless they prove force majeure, the landlord’s fault or the act of a third party they did not let into the home (art. 7 c). They are responsible for damage caused by the people who live with them, whom they put up, whom they call in, or by a subtenant (service-public.gouv.fr).

Who pays for what: the most common cases

Source: service-public.gouv.fr (pages F31697 and F31699). Equipment mentioned in the lease (fridge, washing machine, cooker hood, heat pump, etc.) must also be maintained by the tenant, who carries out its minor repairs.

What the landlord must pay for

Throughout the lease, the owner carries out all work that is not a tenant repair, in particular (service-public.gouv.fr):

• work needed to keep the home in good condition and for its normal upkeep;
• improvement work on the common or private parts and energy performance work;
• work needed for the home to remain decent (see les critères du logement décent (decent housing standards)).

This obligation falls away if the work is made necessary by the tenant’s fault. Before starting, the landlord notifies the tenant of the nature of the work and how it will be done, by registered letter or by hand. The tenant must allow access; no work may be carried out on Saturdays, Sundays or public holidays without their express consent (1989 Act, art. 7 e); if the work lasts more than 21 days, the rent is reduced in proportion to its duration (service-public.gouv.fr).

Wear and tear and the wear-and-tear scale

Decree no. 2016-382 (art. 4) defines wear and tear as “the state of wear or deterioration resulting from time or from normal use of the materials and items of equipment of which the home is made up”. Faded paintwork or a worn floor covering count as wear and tear: they are the landlord’s responsibility, even if the repair appears on the list of tenant repairs (service-public.gouv.fr).

When the lease is signed, the parties may agree to apply a wear-and-tear scale chosen from those covered by a collective rental agreement (accord collectif de location). It “defines at least, for the main materials and equipment of the let property, a theoretical lifespan and annual flat-rate reduction coefficients applied to the price of tenant repairs” (decree no. 2016-382, art. 4). These factors vary the price of the tenant repairs payable by the tenant according to how long they have lived in the home (service-public.gouv.fr). The scale is mainly used on moving out, when comparing the états des lieux (check-in and check-out inventories) and settling deductions from the dépôt de garantie (rental deposit).

The landlord does not do the work: what to do

The tenant must keep paying the rent: taking matters into one’s own hands exposes the tenant to termination of the lease (service-public.gouv.fr).

1. Inform the landlord of the damage found.
2. Formal notice (mise en demeure) by registered letter with acknowledgement of receipt; service-public.gouv.fr offers the template “Réclamer au propriétaire de faire les grosses réparations qui sont à sa charge” (Asking the owner to carry out the major repairs for which they are responsible).
3. After 2 months without agreement or reply: the commission départementale de conciliation (departmental conciliation board) or a conciliateur de justice (court conciliator). This step is compulsory before going to court if the dispute is worth €5,000 or less.
4. The juge des contentieux de la protection (judge for consumer and tenancy disputes) of the court with jurisdiction over the home: the judge can compel the landlord to do the work, authorise the tenant to do it at the landlord’s expense and award damages for loss of enjoyment.

Works clause. If the home is not in good condition when the tenant moves in, the lease may provide for the tenant to carry out work at the landlord’s expense, offset against the rent. The clause specifies the nature of the work, the terms and duration of the rent reduction, and compensation if the tenant leaves early; it cannot concern the decency of the home (service-public.gouv.fr).

Which professional to consult

An agent immobilier (estate agent) who manages the property can propose, from signature, a wear-and-tear scale taken from a collective agreement and carry out the joint inventories on which every end-of-lease discussion rests. For water damage, a fire or an explosion, the first port of call remains assurance habitation (home insurance), which is compulsory for the tenant, at least for tenant’s risks (service-public.gouv.fr); routine costs recharged by the landlord, for their part, come under charges récupérables (recoverable service charges).