It is not uncommon to witness disagreements between tenants and landlords. If one is obliged to respect the places where he lives on a daily basis, the other must be responsible for maintaining his property so that it meets the applicable standards and the criteria for which the tenant has chosen his home. So who is responsible for paying the bill at work time? Is the owner the only one who can make certain changes to a home? LeLynx.fr answers the famous question “Who pays what?” » and gives you some additional details on this topic.
The concept of “small” and “big” works
To answer this question in few words, it will suffice to say that less work is the responsibility of the tenant while it is in effect the owner to do the “big” jobthose that are not part of routine work.
What are the routine maintenance tasks?
They are also called ” rental repairs “. They denote work that refers to parts of the home or equipment, if the resulting change has no major impact on the home and which is not burdensome. We think, for example some fusesthat shower headof faucet seals or even changing.
Furthermore, you must be aware that the law is right precise and comprehensive in this respect below decree no. 87-712 of 26 August 1987 particularly in connection with the works for the tenant’s account. It gives it ” bearing repairs are routine maintenance work and minor repairsincluding the replacement of elements corresponding to the mentioned repairs, as a result of normal use of the premises and equipment for private use”.
The exhaustive list of elements that must be replaced and/or repaired at the tenant’s expense can also be consulted at Legifrance*one of the government websites.
The tenant can carry out certain works and alterations at his convenience
Once the lease agreement is signed, the tenant is considered at home and can therefore to a certain extent remodel the rented… on the condition that he does not make changes that could be perceived as a conversion of the property. However, there is an exception: that where the owner authorizes the tenant, written and signed document in supportto change the housing in depth.
Transformation means a change to the structure or configuration of the home. It is thus a question of:
- Demolition of a load-bearing wall (remove partition);
- Replacement of windows ;
- Porch installation…
Conversely, the tenant is not prohibited from:
- Change the furniture layout ;
- Change upholstery;
- Update certain parts of the apartment;
- Bringing housing up to standardon condition that he notifies the owner (by registered letter with acknowledgment of receipt) and that these works do not affect the overall appearance or solidity of the building)…
Works for the owner’s account
If the list of work to be done by the tenant is not insignificant, there are still a number of changes and other repairs at the expense of the owner. In particular, he must ensure that the decay caused by time does not have consequences for the tenant’s comfort and safety. The landlord must therefore, among other things, carry out work:
- Improving the energy performance of homes (sealing, boiler replacement, etc.);
- Improvement of private or communal areas ;
- Maintenance of housing (it can be pipes in poor condition, capricious shutters);
Bearing repairs: difference between natural wear and tear
Read the article
And when you leave the premises?
When the lease ends, a condition of the inventory must be completed by the tenant and owner of the apartment. He facesinventory on arrival to identify any work to be done.
Most often, it is the tenant who has to pay the repair costs because there are problems with the paint (stains, torn wallpaper, etc.) or the lighting. If this is the case, part or all of the deposit will be withheld by the owner to cover the said damage.
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