Tenant Rights: Smoke Detector in France
In France, the smoke detector is mandatory in every dwelling and directly affects tenants' rights. You are entitled to a safe home and compliant installations, and the landlord must provide a functioning detector. If a device is missing, faulty or if work is needed to install it, the tenant must know their remedies: written request, formal notice, referral to the Commission départementale de conciliation (CDC) and, if necessary, bringing the matter before the judicial court. This article simply explains your obligations and rights, how to document the problem, which steps to take and which deadlines to respect in France to avoid worsening a dispute.
Who is responsible?
The landlord is responsible for ensuring the safety of the dwelling and for providing a functioning smoke detector at the start of the tenancy and during the lease term, in accordance with applicable rental housing rules[1]. The tenant must maintain the device and replace batteries if its use depends on them, unless the lease states otherwise.
Landlord obligations
The lessor must install a compliant detector and ensure it operates correctly. If absent or non‑compliant, the tenant can request compliance in writing and then refer to the CDC or court if the issue is not resolved[1][2].
What can the tenant do?
- Send a written request to the landlord (form).
- Keep evidence: photos, exchanges, dates and observations (evidence).
- Respect the indicated deadlines for response and works, noting the dates (deadline).
- Contact the Commission départementale de conciliation (CDC) or local assistance services (contact).
Procedure in case of refusal or non‑compliance
If the landlord does not respond or refuses, send a formal notice by registered letter with acknowledgement of receipt. If that fails, referral to the Commission départementale de conciliation is often required before going to the judicial court. Prepare a file with the lease, photos, exchanged letters and any evidence of the defect. As a last resort, the judicial court can order compliance and, depending on the case, set penalties.
Foire aux questions
- Is the landlord required to install a smoke detector?
- Yes, the landlord must provide a functioning detector when renting and ensure basic safety of the dwelling.
- What to do if the detector is faulty?
- Report the defect in writing, keep evidence and, if necessary, refer to the CDC then the judicial court.
- Can the tenant install a detector at their own expense?
- The tenant may install one for safety but must inform the landlord; cost and responsibility depend on agreements and the lease.
Comment faire
- Draft and send a written request to the landlord while keeping a copy (form).
- Wait a reasonable time for a response or works, noting dates (deadline).
- If unresolved, contact the CDC or a local help service to attempt conciliation (contact).
- As a last resort, bring the matter before the judicial court with a complete file (court).
Key points
- The smoke detector is mandatory and protects occupants' safety.
- Always keep evidence: photos, letters and receipts.
