which are the responsibility of the tenant and the owner? Who pays what?

It is not uncommon to witness disagreements between tenants and landlords. If one is required to respect the places in which he lives on a daily basis, the other must be responsible for maintaining his property so that it meets the standards in force and the criteria for which the tenant has chosen his accommodation. So, at the time of work, who is responsible for paying the bill? Is the owner the only one who can make certain modifications to a dwelling? LeLynx.fr answers the famous question “Who pays what?” » and brings you some additional details on this subject.

The notion of “small” and “big” works

To answer this question in a few words, it would suffice to say that small works are the responsibility of the tenant while it is incumbent the owner to carry out the “big” workthose that are not part of routine work.

What are the routine maintenance jobs?

They are also called ” rental repairs “. They designate work referring to parts of the accommodation or equipment whose resulting change has no major influence on the accommodation and which are not onerous. We think, for example, of some fusesthe shower headof the faucet seals or even switches.

Besides, be aware that the law is rather accurate and comprehensive in this regard, under the decree n°87-712 of August 26, 1987 in particular in connection with the works at the expense of the tenant. It provides that rental repairs are routine maintenance work and minor repairsincluding the replacement of elements similar to the said repairs, resulting from the normal use of the premises and equipment for private use”.

The exhaustive list of elements to be replaced and/or repaired at the expense of the tenant can also be consulted on Legifrance*one of the government sites.

The tenant can carry out certain works and modifications at his convenience

Rental works: which are the responsibility of the tenant owner?  Who pays what?
Once the rental agreement has been signed, the tenant is considered at home and can therefore, to a certain extent, redevelop the rented accommodation… on the condition that he does not make any changes that could be perceived as a transformation of the property. However, an exception remains: that where the owner authorizes the tenant, written and signed document in supportto modify the housing in depth.

By transformation is meant a modification of the structure or configuration of the accommodation. Thus, it is a question of:

  • Breaking of a load-bearing wall (removal of partition);
  • Change of windows ;
  • Veranda installation…

Conversely, the lessee is not prohibited from:

  • Change furniture layout ;
  • Change upholstery;
  • Refresh certain parts of the apartment;
  • Bringing housing up to standardon the condition that he notifies the owner (by registered letter with acknowledgment of receipt) and that these works have no impact on the appearance or the solidity of the entire building)…

Works at the owner’s expense

If the list of work to be done by the tenant is not negligible, there are still a number of changes and other repairs at the owner’s expense. He must in particular ensure that the dilapidation caused by time has no consequences on the comfort and safety of the tenant. Thus, the lessor must carry out, among other things, work:

  • Improvement of the energy performance of housing (sealing, boiler replacement, etc.);
  • Improvement of private or common areas ;
  • Maintenance of housing (it may be pipes in poor condition, capricious shutters);

Good to know: work carried out by an owner cannot be financially passed on to a current lease unless a clause expressly mentions it.

Rental repairs: difference between natural wear and tear

Read the article

And when leaving the premises?

Rental works which are the responsibility of the tenant owner Who pays what to leave the premises lease rental inventory

When the lease ends, a state of fixtures must be completed by the tenant and the owner of the apartment. He faces theinventory upon arrival to identify any work to be done.

Most of the time, it is the tenant who must 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 security deposit will be retained by the owner to cover the said damage.


*https://www.legifrance.gouv.fr/loda/id/LEGITEXT000006066148/

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