Deadlines for Replacing a Broken Window - Tenants France
As a tenant in France, knowing how long it takes to replace a broken window and who must pay is essential to protect your safety and rights under the lease. This article plainly explains the landlord's and tenant's obligations, the steps to document the incident, and the remedies available if the repair is not done within a reasonable time. You will also find practical advice on contacting your home insurance and, if necessary, referring the matter to the departmental conciliation commission or the competent court.
What does the law say?
The 1989 law frames the respective obligations: the landlord must deliver a decent dwelling and carry out repairs related to maintaining the property, while the tenant is responsible for tenancy repairs defined in the contract or by usage. A window that makes the dwelling dangerous or uninhabitable usually falls under the landlord's responsibility and must be repaired quickly.[1]
Who pays and what deadlines?
The answer depends on the cause:
- If the breakage is due to the tenant or a guest, the tenant may be required to pay for the repair.
- If the breakage results from wear, a construction defect, or force majeure, the landlord normally covers the repair.
- In practice, replacement must occur "within a reasonable time"; for elements affecting safety or habitability, this time is short (days to a week depending on urgency).
Practical actions for the tenant
To speed up handling and avoid disputes, follow these clear steps:
- Document the facts: photos, date, circumstances and any witnesses.
- Inform the landlord in writing (email or registered letter) requesting prompt intervention.
- Contact your home insurance if you believe you are covered for this type of damage.
- If the landlord does not respond within a reasonable time, refer the matter to the departmental conciliation commission to seek an amicable resolution.[2]
- As a last resort, the judicial court can be seized to obtain the execution of repairs and, if relevant, reimbursement of advanced costs.
Guarantees, insurance and payment
Check the lease details and the inventory of fixtures to identify any clauses on tenancy repairs. If the tenant is responsible, the landlord may request compensation; if the landlord is responsible but refuses to act, the tenant can have the work carried out and seek reimbursement under conditions. Keep all invoices and proof to support any claim or legal action.[1]
FAQ
- Must the landlord replace a broken window immediately?
- If the window compromises safety or habitability, the landlord must act quickly; for less urgent damage, intervention should still occur within a reasonable time.
- Who covers the replacement cost?
- The person responsible for the damage (tenant, third party) or the landlord (wear, defect) depending on the cause; home insurance may cover it depending on the policy.
- What if the landlord refuses to repair?
- Compile a file (photos, written exchanges) and refer the matter to the departmental conciliation commission, then the judicial court if necessary.
How-To
- Photograph the window and note the date and circumstances.
- Send a written request to the landlord attaching the evidence.
- Check your insurance policy and report the claim if relevant.
- If there is no response, refer the matter to the departmental conciliation commission for mediation.[2]
- Take the case to the judicial court if conciliation fails and the landlord does not carry out the work.
Key Takeaways
- Safety issues require prompt repair by the landlord in most cases.
- Always document damage and keep written traces of communications.
- Insurance may help cover costs depending on your policy.