How to understand who pays what while you are tenant? Numerus suits and tensions that arise during the rental period are due to a misunderstanding of each persons obligations.

 

The shower, the boiler, broken tiles... who must pay what? Must I pay myself or can I ask the landlord to pay the charges? If the locataire doesn't pay then whom? Does the deposit pay before the guarantor? 

 

All answers are here !

 

It is all codified : The decree n°87-712 du 26 août 1987 notes all the charges are the responsibility of the tenant.

 

Overall, the tenant must pay form his own pocket for general maintenance and the replacement of the articles caused by normal everyday usage of the place. 

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As soon as there are major works in the apartment, it is the landlord who must undertake them.

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If part of the apartment is already damaged once you arrive, these are the responsibility of the landlord, no matter what the damage is. 

 

 

 

What to do with the outside of the apartment

 

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That which is shared (for example in an apartment building or shared house), is the responsibility of the buildings managers. For example the building needs to cover the costs of a broken elevator. ?.

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The outside areas of which are for the exclusive use of the tenant are theirs to maintain.

 

Concurrent maintenance of the garden is also the responsibility of the tenant: removing moss, cutting the grass, lopping trees, maintenance of the sprinkler system, the swimming pool... The terrasse must also be managed by the tenant.

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What does that mean? The tenant has to cut the grass, maintain the garden and everything in it. If the terrasse is covered in moss, it is the responsibility of the tenant to remove it. The swimming pool has to be set covered up for winter? The tenant must undertake this work too.

 

 

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External and internal openings

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Whether it involves lubricating, replacing bolts, hinges, etc. doors, French windows, shutters, blinds, or other, all these repairs are the responsibility of the tenant.

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If a window is broken, damaged or deteriorated must be paid for by the tenant, idem for damaged moldings.

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For ropes or pullies or other damage in the property, it is the tenant who is responsible for the repair work.

What does that mean? If the screws are not right in the shutters, it is the responsibility of the tenant, but if electric awnings are faulty, if the shutters are broken or damage, the landlord must take responsibility.

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The keys and the locks

 

Good to know: the landlord can keep a copy of the keys.

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However, he cannot enter into the property without your prior permission. Even in the case of an emergency, such as a leaking pipe, the landlord is legally obliged to seek the permission of the tenant before entering in the tenant's home.

 

If the landlord does enter in the accommodation without prior permission, the tenant can bring criminal charges against the landlord for the violation or your of home. The landlord is exposed to a potential fine of 15,000€ and one year of prison. 

 

source : https://www.service-public.fr/particuliers/vosdroits/F12244

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If all this cannot not reassure you, nothing is stopping the tenant from changing the locks during his stay in the property, with condition that the apartment is returned to the landlord in its original state at the point of his departure.

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If I have lost my keys?

 

If a key is lost, it is up to the tenant to replace to the key, at his own expenses.

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If the key needs recut or part of it is damaged, the tenant must pay for the repair work. Especially if the tenant has had to break open the apartment.

 

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Inside the property

 

Overall the tenant must cover the costs rising from the regular maintenance of the apartment.

 

For the walls, the flooring and the ceiling: If there is repainting, small dents or holes in the carpet, the tenant must pay for these. If the flooring must be cleaned or polished, the tenant must also take care of these charges. 

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For the cupboards, if the shelves are damaged, if the doors don't close properly the tenant must pay for these. Baseboards and mouldings must also be repaired by the tenant.

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The plumbing

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One more time! The tenant must - in most cases - pay for the small repairs, the maintenance and the cleaning etc.

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For the water pipes, cleaning and replacement of the joints is the responsibility of the tenant.

 

Pour le gaz, l’entretien courant et le remplacement des tuyaux souples de raccordement sont à la charge du locataire.

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For the gas, routine maintenance and the replacement of flexible connection pipes is again comes out of the pocket of the tenant.

 

The emptying of the septic tank is also the tenant's responsibility. 

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Taps, the water closet, the shower hose, all these repair jobs most be taken care of by the tenant.  

 

 

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The boiler

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The water heater no longer works. Repairs at the expense of the owner or the tenant? If the water heater no longer works, there are two possible cases:

 

The heating body was dirty and requires cleaning and/or the bimetallic strips had to be replaced: the tenant must pay.

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The water heater was out of service for any other reason: the lessor must pay

This goes in the direction of everything that has been said before: the bimetallic strips, the washing of the heating body, are small repairs, inexpensive. Changing a water heater that is completely out of order is a major repair, at the expense of the lessor.

 

 

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Electrical circuits

 

Overall, all the repairs most be covered by the tenant. Sockets, bulbs, fuses, wire coverings...

 

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Other equipment

 

Dans un appartement meublé, des équipements sont souvent mis à la disposition du locataire. Qui doit payer les réparations ?

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In a furnished apartment, equipment is often made available to use by the tenant. Who needs to pay for the repairs.

 

Les petites réparations des éléments présents sur le bail sont à la charge du locataire.

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The little repairs of objects in the property are to covered by the tenant.

 

The larger damages are to be covered by the lessor. For example, if the fridge stops working, the landlord must pay to have it replaced.

 

 

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Good to know : an furnished apartment, contains generally:

 

An oven or a microwave oven.

A hob.

A fridge with atleast a freezer.

Kitchen utensils suitable enough to serve a meal with.

A table and chairs.

Shelves and storing.

Lighting.

Bedding (a bed sheet and a duvet cover).

A window screening device in rooms intended to be used as bedrooms (curtains).

Cleaning products.

 

 

And if the tenant does not pay, what happens?

 

Si un garant physique, par exemple, les parents pour un étudiant, est présent sur le bail, alors, le propriétaire peut se retourner contre le garant pour exiger le paiement des travaux qui sont à la charge du locataire, minoré du dépôt de garantie. En clair : si l’appartement nécessite 1 000 € de travaux, et que ceux-ci sont à la charge du locataire, et que le dépôt de garantie est de 500 €, le propriétaire peut réclamer 500 € au garant.

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If a guarantor, for example a student's parents are cosigners the landlord can pursue the guarantor for reimbursement of costs resulting or arising from the tenant's misuse of the property, less the deposit. Altogether, if the apartment requires 1,000€ worth of repairs and the deposit is 500€, the lessor can ask for 500€ from the guarantor.