Whether you are a landlord or a tenant, the question of who pays for repairs in a rented property is a frequent source of tension and disputes. Between minor daily repairs, normal wear and tear (la vétusté), and major energy renovation projects, it can be difficult to know who should pay. Under French law, the distribution of these costs is strictly regulated to balance the rights and duties of both parties and guarantee decent housing.
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To understand how costs are shared, we must refer to a fundamental text of French property law: Loi n° 89-462 du 6 juillet 1989 (Law No. 89-462 of July 6, 1989), which aims to improve rental relations. This law is a matter of ordre public (public policy), meaning its rules are mandatory and cannot be bypassed by any clause in the lease agreement.
The landlord is legally required to deliver decent housing to the tenant, in a good state of repair and fit for use. According to Article 6 of the Law of July 6, 1989, the landlord must:
In practice, the landlord must pay for:
The tenant, on the other hand, is responsible for the routine maintenance of the property. Article 7 of the Law of July 6, 1989 specifies that the tenant must take charge of the routine maintenance of the accommodation and the equipment mentioned in the contract, as well as minor repairs (les menues réparations).
The exhaustive list of these repairs is strictly defined by Décret n° 87-712 du 26 août 1987 (Decree No. 87-712 of August 26, 1987). The tenant must fund:
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The boundary between "routine maintenance" and "major repairs" often hinges on the concept of vétusté (wear and tear). Vétusté is defined by the decree of March 30, 2016, as "the state of wear or deterioration resulting from time or the normal use of the materials and equipment of which the accommodation is composed."
If a piece of equipment (such as a roller shutter or paintwork) breaks down or deteriorates simply because it is old, its replacement is the sole responsibility of the landlord.
To avoid disputes during the exit inventory (état des lieux de sortie), both parties can agree to apply a depreciation schedule (grille de vétusté) when signing the lease. This schedule determines the theoretical lifespan of equipment and applies an annual depreciation rate.
> Situation: Julie leaves her apartment after living there for 8 years. During the exit inventory, the landlord notes that the bedroom carpet is heavily worn and demands that Julie pay for its full replacement, estimated at 1,200 €.
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> The Rule: Julie’s lease includes a depreciation schedule (grille de vétusté) specifying a 10-year lifespan for carpets, with a 2-year initial grace period and a 10% annual depreciation starting from the third year.
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> The Calculation: After 8 years, the carpet has depreciated by 60% (6 years of applied depreciation). The residual value of the carpet is only 40%.
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> The Result: Julie only has to contribute 40% of the replacement cost, which is 480 €. The remaining 720 € must be paid by the landlord due to normal wear and tear.
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If repairs become necessary during the tenancy, you must follow a strict procedure to prevent the situation from escalating.
As soon as a problem appears (a water leak, heating failure), the tenant must immediately inform the landlord (or the managing real estate agency). A phone call or SMS is recommended initially for quick responsiveness, but it must be followed up by a written letter or an email with photos to serve as proof.
If the landlord does not respond within 8 days for urgent repairs (such as a lack of heating in winter), the tenant must send a formal notice via registered mail with acknowledgment of receipt (lettre recommandée avec accusé de réception or LRAR). This letter must list the required repairs, cite Article 6 of the Law of July 6, 1989, and grant a reasonable timeframe (usually 15 days) to take action.
If the formal notice remains unanswered, the tenant can refer the matter free of charge to the Commission Départementale de Conciliation (CDC - Departmental Conciliation Commission). This joint mediation body attempts to find an amicable agreement between both parties.
As a last resort, the tenant can take the matter to the protection litigation judge (juge des contentieux de la protection) at the Tribunal Judiciaire (Judicial Court). The judge can:
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French law provides specific rules for certain repair and renovation scenarios.
The landlord has the right to carry out energy performance improvement works during the lease (insulation, replacing the boiler). The tenant is required to allow access to their home for these works (after receiving prior notification).
If these works last more than 21 days, the tenant is entitled to a rent reduction proportional to the duration of the works and the loss of enjoyment suffered, in accordance with Article 1724 of the French Civil Code (Code civil).
> Situation: Pierre rents an apartment for 1,000 € per month. The landlord undertakes interior thermal insulation and window replacement works. The works last 35 days, during which half of the apartment is unusable.
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> The Calculation: The works exceeded the legal threshold of 21 days by 14 days (35 - 21). Pierre suffered a loss of enjoyment estimated at 50% of his accommodation during these 14 days.
> * Daily rent value: 1,000 € / 30 days = 33.33 € / day.
> * Compensation due for the inconvenience: 33.33 € x 14 days x 50% = 233.31 €.
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> The Result: Pierre can legitimately deduct 233.31 € from his next rent payment, following a written agreement with his landlord or a judge's decision.
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The complete replacement of a hot water tank is the exclusive responsibility of the landlord, as it is a major piece of equipment essential to making the housing decent. However, routine maintenance (descaling, replacing the safety group or the heating element if they are scaled up due to lack of maintenance) is the tenant's responsibility.
If the property poses a risk to health or safety (extreme humidity, exposed electrical wiring, presence of lead), the tenant must report the situation to the local town hall (mairie) or the regional health agency (Agence Régionale de Santé or ARS). If an official decree of unsanitary conditions (arrêté d'insalubrité) is issued by the prefecture, rent payments are suspended by law from the first day of the month following the decree, and the landlord is obliged to rehouse the tenant at their own expense.
Yes, but under very strict conditions. A rent increase during the lease or upon renewal is only possible if the landlord has carried out improvement works (not simple maintenance) costing at least half of the total rent of the previous year. Furthermore, a specific works clause in the lease or a written agreement with the tenant before the start of the project is mandatory.
Under the IRSI insurance convention (applicable in France), leak detection is generally organised and paid for by the insurer of the occupant of the home where the leak is suspected or detected (often the tenant). If the leak originates from common areas or a defective structural private pipe (built-in pipe), the repair costs of the leak's cause fall on the landlord or the co-ownership association (syndic de copropriété).
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