Water Leak: Tenant Rights in France

A water damage or a leak in a rental dwelling quickly raises practical and legal questions for the tenant in France. Who must pay for repairs, when to alert the landlord, and what steps to take if the situation is not urgent or if the landlord refuses to act? This clear guide explains the obligations of the tenant and the landlord, the deadlines to respect, the evidence to keep and the possible remedies, including the Commission départementale de conciliation (CDC) and the judicial court. The aim is to give you concrete steps and simple advice to protect your rights and obtain necessary repairs or compensation.

What to do in case of a water leak?

Act quickly to limit damage and avoid worsening repairs. Start by securing the dwelling, then follow the steps to inform the landlord and build a file.

• Turn off the main water supply if the leak is significant.
• Contact the landlord or manager immediately by phone and then confirm in writing.
• Take dated photos and videos of the damage and note the time.
• Notify your home insurance if necessary.

Responsibilities: who repairs and who pays?

The allocation of costs depends on the cause of the leak. The 1989 law and the Civil Code frame the landlord's and tenant's obligations regarding repairs and maintenance ^[1]. In short, the landlord must ensure peaceful enjoyment of the dwelling and carry out necessary repairs if the defect is due to wear or construction defects, while the tenant is responsible for minor repairs and damages caused by negligence.

Common cases

• If the leak is due to wear or a construction defect, the landlord is generally responsible.
• If the leak results from misuse or negligence by the tenant, the tenant must cover the repair.
• For individual equipment (e.g., water heater), check the lease and maintenance clauses to know who bears the repair cost.

Steps and evidence

Always send a written notice to the landlord after a phone contact and keep copies of exchanges. The rental contract and the inventory of fixtures often define responsibilities and help support a claim ^[2].

• Send a written declaration (email or registered letter) to the landlord keeping a copy.
• Keep all invoices, quotes and repair evidence.
• Respect deadlines to act and answer landlord requests.

Remedies and deadlines

If the landlord refuses to intervene or disputes responsibility, try conciliation first. The Commission départementale de conciliation (CDC) can help find an agreement before starting legal proceedings ^[3]. If no agreement is reached, bringing the matter before the judicial court can secure repairs and possible compensation.

• Attempt conciliation through the CDC before going to court.
• Bring the case before the judicial court if conciliation fails or to obtain compensation.
• Keep evidence and letters to present a complete file to the CDC or court.

FAQ

Who pays for a water leak repair?

The responsibility depends on the cause: wear or construction defect = landlord; tenant negligence = tenant.

What to do in an emergency if water keeps flowing?

Turn off the water if possible, alert the landlord, document the damage and contact your insurance if necessary.

What procedure if the landlord refuses to act?

Send a formal notice in writing, attempt conciliation via the CDC, then bring the case to the judicial court if necessary.

How to

1. Shut off the water supply and secure the dwelling.
2. Contact the landlord and confirm the situation in writing.
3. Take photos, videos and keep all communications and quotes.
4. Attempt conciliation through the CDC if the landlord does not cooperate.
5. Bring the case before the judicial court as a last resort to obtain repairs.

Help and Support / Resources

• Légifrance - Law n° 89-462 of July 6, 1989
• Service-public.fr - Information for tenants
• Service-public.fr - Departmental Conciliation Commission

1. [1] Légifrance - Loi n° 89-462 du 6 juillet 1989
2. [2] Service-public.fr - Information for tenants
3. [3] Service-public.fr - Departmental Conciliation Commission