What are the obligations of the lessor?
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CONTEXT :

You are the owner / lessor and you have questions about your obligations towards the tenant or the rented accommodation.

The following article details your main obligations as a lessor.

ADVICE :

The lessor has the obligation to:

  • To restore decent housing in good condition for use and repair
  • Ensuring the peaceful enjoyment of housing
  • Maintain and repair the rented premises

OBLIGATION TO DELIVER RENTAL HOUSING

Before handing over the accommodation to the tenant, you must carry out repair work such as broken windows, taps. You have no obligation to refurbish the accommodation.
As lessor you must guarantee the accommodation against hidden defects. By hidden defect is meant an undetectable defect at the time of taking possession (defect that appears when using the accommodation).
You can, with the tenant's agreement, insert a non-guarantee clause in the contract.
The parties may decide by mutual agreement that the tenant will take the premises in the state in which he finds them.
However, the tenant has actions against you to compel you to perform. The tenant can either ask for enforcement, that is to say the restoration of the accommodation on your part, or be authorized to do the work at your expense or by compensation for the rent.
The tenant must do the work at the lowest cost.
In extreme cases the tenant can request the termination of the lease with damages and interest.
You also have the obligation to ensure peaceful enjoyment of the premises because you are required to repair any damage whether in good or bad faith and even if it does not affect the accommodation itself.

MAINTENANCE OBLIGATION

As a lessor, you must make any repairs that may become necessary throughout the duration of the lease. For this you must be informed by the tenant of all necessary repairs. The tenant must inform you in good time.
The decree of August 26, 1987 gives a detailed list of repairs having the character of rental repairs and incumbent on the tenant. Any other compensation in this decree is the responsibility of the lessor.
In general, a repair which does not affect the structure or the essential elements of the premises is rental.
In the event of partial or total destruction of the premises, you are not obliged to rebuild, whatever the cause of destruction.
If you do not carry out the repairs requested by the tenant, he has 3 possibilities

Forced execution,

Termination of the lease with damages,

Withholding of rents with the authorization of the judge.

OBLIGATION TO PROVIDE A PEACEFUL ENJOYMENT INDEPENDENT OF THE STATE OF PLAY

With regard to de facto disturbances caused by a third party such as tags on the walls, theft, explosions, unwanted noise, you are not directly involved.
There is a simple duty of care and diligence. You will see your liability incurred if you have committed a fault.
If another tenant is causing the trouble, then the troubled tenant has 2 actions:
- or he acts against his own lessor for lack of peaceful enjoyment. (contractual liability)
- either he acts against the other tenant for neighborhood disturbance (tort liability)

You must not disturb your tenant yourself. You must not change the form of the rented accommodation. On the other hand, the tenant cannot oppose the adaptation of the building to the standards of health, safety and comfort. You can even enter the private room to do this work. If the work lasts more than 40 days, the rent may be reduced.

Under no circumstances can you keep a duplicate of the accommodation keys. As lessor, you do not have the right to enter the premises without the agreement of the tenant otherwise it would be perceived as a violation of privacy.

MOST !

You must also vis-à-vis your tenant:

  • Inform him if the building has suffered a natural disaster (flood, mudslide, drought, storm, etc.) or a technological disaster (chemical plant explosion, toxic leak) leading to the payment of compensation.
  • Inform him if the rented property is located in an area of seismicity or in a natural risk prevention plan.
  • Inform him of the noise exposure plan if the property is located near an airport.
  • Inform him about the energy consumption of the home by giving the tenant the Energy Performance Diagnosis (DPE).
  • Inform him of the methods of receiving television services.
  • Issue free of charge a receipt for rent and charges.