If a dwelling does not meet standards of habitability and it is possible to bring it into compliance, the responsibility for doing so lies not with the tenant but with the landlord. Maintenance and repairs due to deterioration are also the landlord’s responsibility.
What is meant by “wear and tear”? An example would be a roof that has started to leak a few drops of rain over the years. On the other hand, if the tenant causes damage to a wall, for example, the tenant will be responsible for paying the cost of rental repairs.
L’Agencerie, your socially responsible real estate network, presents everything you need to know about bringing properties up to code and making repairs due to wear and tear.
Repairs for Which the Landlord Is Responsible
Work required to maintain the property in good condition and for its routine upkeep, as well as improvements to energy efficiency (such as installing insulation or replacing a worn-out boiler), are also the landlord’s responsibility.
This also applies to “upgrades to meet current standards” of an electrical or plumbing system, or repairs following a water heater breakdown during the winter.
If the rental is in an apartment building, the landlord is also required to contribute to improvements to the common areas. This may include, for example, renovating the stairwell or restoring the building’s exterior…
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Repairs That Are the Tenant’s Responsibility
However, damage caused by negligence, lack of maintenance, or lack of care is the tenant’s responsibility.
The owner doesn’t have to deal with holes or stains on the walls, dented doors, scorched carpet, or damaged hardwood floors or other flooring (that haven’t simply worn out over time)…
Unclogging drains, or replacing a light switch, a light bulb, or a toilet float, are not part of the landlord’s routine maintenance obligations. The landlord is therefore not liable. Nor is the landlord responsible for damage caused by people living with the tenant, visitors to the tenant’s home, a subtenant, or even professionals (such as decorators) whom the tenant may have hired for personal convenience.
The Landlord’s Responsiveness
The landlord must not delay in carrying out repairs due to wear and tear at the tenant’s request. In fact, two months after receiving a formal notice by certified mail with return receipt, the tenant may file a complaint with the appropriate authorities, alleging substandard housing conditions. If the authorities determine that the landlord is responsible for the repairs, the tenant may:
- Compel him to carry them out.
- Let the tenant handle it, but require that the tenant reimburse you.
- Penalize the landlord by awarding the tenant damages for interference with the tenant’s enjoyment of the property.
Would you like help with rental property management? Contact your real estate agency in Albi!
