Tenant: Who Pays for a Broken Window in France?

A broken window in a rented home often creates urgency and practical questions. In France, the allocation of costs mainly depends on the cause of the break: normal wear, construction defect, force majeure or tenant fault. This article for tenants clearly explains which repairs are the landlord's responsibility and which may fall to the tenant, how to document the facts, when to contact home insurance and what steps to take with the landlord. It also outlines possible remedies, such as the departmental conciliation commission or taking the matter to the judicial court, and recalls the useful legal provisions to protect your rights without legal jargon.

What does the law say?

In France, the Mermaz law (Law No. 89-462 of July 6, 1989) governs tenant obligations and distinguishes routine maintenance and tenant repairs from major repairs that are the landlord's responsibility.^[1]

The official Service-public website details the list of tenant repairs and recommended procedures for tenants.^[2]

Who pays depending on the cause?

Accident or negligence

If the break results from an act by the tenant or a guest, the tenant is generally required to pay for the replacement. Before any repair, obtain an estimate and inform the landlord and the insurer.

• Repairs are the tenant's responsibility if the break is due to fault (repair).
• Check your home insurance contract for the amount of the deductible and possible coverage (fee).

Wear, defect or structural problem

When the break stems from normal wear, a joinery defect or an insulation problem, responsibility often falls to the landlord.

• Replacement at the landlord's expense in case of wear or defect (repair).
• If safety or compliance is at stake, the landlord must intervene (safety).

Practical steps

Here are simple steps to handle the situation without delay.

1. Document the break: photos, date, circumstances and evidence (evidence).
2. Inform the landlord in writing and request an estimate or intervention (file).
3. Contact your home insurance to declare the claim and follow their procedure (call).
4. Keep invoices and check if the deductible applies (fee).
5. If in dispute, refer the matter to the departmental conciliation commission or to the judicial court (court).

FAQ

Does the tenant always have to pay to replace a broken window?

No. It depends on the cause: fault, wear or construction defect. Document and inform the landlord to determine responsibility.

What if the landlord refuses to act?

Gather evidence and estimates, attempt conciliation via the departmental commission, then bring the case before the judicial court if necessary.

Does insurance always cover the break?

Not always. Check the coverages and deductible of your home insurance contract before starting repairs.

How to

1. Immediately take dated photos and note the circumstances (evidence).
2. Send a letter or email to the landlord with an estimate or request for intervention (file).
3. Declare the claim to your insurer and follow their instructions (call).
4. If you pay, keep invoices to request reimbursement or for the inventory at surrender.
5. As a last resort, refer the matter to the departmental conciliation commission, then the judicial court if necessary.

Key points

• Responsibility depends on the cause of the break: fault or wear.
• Always document before repair.
• Contact landlord and insurer as soon as possible.

Help and support

• Law No. 89-462 of July 6, 1989 (Legifrance)
• Service-public: tenant repairs
• Service-public: departmental conciliation commission

1. [1] Law n° 89-462 of July 6, 1989
2. [2] Service-public: tenant repairs