Who Pays for Improvement Work in France: Tenants
Improvement work often raises questions for a tenant in France: who bears the cost, is written authorization needed, and when to request a rent reduction? This article simply explains the difference between maintenance, repairs and improvement work, recalls the landlord's legal obligations and the tenant's rights, and details the practical steps to request coverage or compensation. You will find the steps to document a problem, refer to the departmental conciliation commission and, if necessary, the judicial court. Official references and useful forms are indicated to help you act knowledgeably.
Legal framework
In France, Law n° 89-462 of July 6, 1989 and the Civil Code set the main obligations of the landlord: provide a decent dwelling and carry out major repairs or work necessary to maintain the property.[1] Improvement work may sometimes be the landlord's responsibility, especially if it concerns safety, habitability or bringing the property up to standard. Always distinguish between "ordinary maintenance" (often tenant) and "structural work" (often landlord).
When the landlord must cover the work
- Work related to safety or habitability (heating, dangerous electrical, roof).
- Restoration after a disaster if responsibility does not lie with the tenant.
- Work required by an order or regulatory compliance.
Before starting work, the tenant must inform the landlord in writing and request a clear response. If refused, keep exchanges and evidence (photos, dates, quotes).
When the tenant can act and claim reimbursement
- If the owner refuses or delays and the dwelling becomes dangerous, the tenant can sometimes carry out urgent repairs and request reimbursement with receipts.
- For voluntary improvements, the owner's written agreement is required if you seek reimbursement or rent adjustment.
Payment by the tenant without agreement carries risks: if you pay yourself, keep invoices and quotes to make a reimbursement claim or a compensation request in conciliation or before the judge.
Rent reduction: conditions and procedure
A rent reduction can be requested if the work makes the dwelling partially unfit for use or significantly reduces comfort. To obtain a reduction:
- Document the problem (dated photos, correspondence, quotes) and assess the impact on use of the dwelling.
- Inform the landlord by registered letter with acknowledgment of receipt, requesting a solution or a specific reduction.
- If amicable exchange fails, refer to the departmental conciliation commission or initiate proceedings with the judicial court.
Evidence and supporting documents
- Dated and descriptive photos of the defect.
- Quotes and invoices from professionals.
- Letters and acknowledgments exchanged with the landlord.
FAQ
- Can the owner increase the rent after work?
- Yes but only if the work constitutes real improvements and if the contract or local regulation allows it; any increase must comply with the law and be justified.
- Can I have urgent repairs carried out and deduct the cost from the rent?
- In an emergency, you can call a professional to avoid danger, then request reimbursement with receipts, but it is preferable to inform the landlord beforehand.
- Where to challenge if the landlord refuses?
- Start with the departmental conciliation commission; if necessary, bring the case before the judicial court.
How to
- Gather evidence: photos, invoices, quotes and the rental contract.
- Send a registered letter to the landlord requesting coverage or a rent reduction.
- Refer to the departmental conciliation commission if amicable agreement fails.[3]
- As a last resort, bring the case before the judicial court to obtain enforcement or compensation.
Key takeaways
- Check whether the defect is ordinary maintenance or the landlord's duty.
- Always document and keep evidence and correspondence.
- Prioritize conciliation before judicial action.
Help and Support / Resources
- [1] Service-public.fr - Tenant letters and procedures
- [2] Legifrance - Law n°89-462 of July 6, 1989
- [3] Service-public.fr - Departmental conciliation commission
