As a tenant in France, you have several legal rights and options available to you if you are facing issues with your landlord.
Why the Inventory is so important:
The legal logic in France is, that the tenant is responsible for EVERYTHING that happens in the apartment. Each tenant therefore should have homeowner insurance to cover the risk this entails. Both inventories (“état des lieux”) from check-in and -out should be the same to get back the full security deposit. The difference between these two documents measures your liability as a tenant.
Deposit Disputes:
The landlord has two months after the tenant moves out to return the security deposit to the tenant. Landlords cannot withhold the deposit at the end of the tenancy due to “fair wear and tear”. The law accepts normal use of the property and degradation of the decoration during the life of the tenancy.
Tenants, beware! You cannot use the deposit in lieu of the payment of rent.You must continue paying rent right up to the end of the tenancy!
Without having a reason, a landlord is not allowed to withhold the deposit. There must be proper justification (receipts, estimates) for any sum not returned to the tenant. If the landlord carries out the repair work themselves, they can only seek reimbursement of the cost of materials, not their own labor.
What to do, when things actually escalate:
- Write to your Landlord. If verbal communication does not work, write a registered letter (“Lettre recommandée avec avis de réception“) to your landlord. This way you have proof of reception and proof you communicated with him. Should your issue escalate, this will help your case significantly.
- Report the issues to the authorities. You can file a complaint with the local housing authority. These are at “la mairie” or “la préfecture de police”, regarding the issues (mold, leaks and/or broken windows). Informing the landlord could prompt them to take action to fix the problems. It would also lead to fines or penalties if the landlord fails to comply. You can report the issues here with “Action Logement” or get the “Syncat Tenant Association” involved. They will help you with a conciliateur de justice.
- Withholding rent. In some cases, tenants in France have the entitlement to withhold rent if the landlord fails to address significant repair issues. It is important to proceed with caution and follow specific procedures in order to legally withhold rent. Best practice here is to continue paying rent. Sometimes tenants continue paying rent, however to a new account, so you can prove you are paying rent, but the landlord will not have access. BE CAREFUL with this move and research it well, each department may have different rules on this.
- Seek mediation. If you are unable to resolve the issue with your landlord, you can seek the assistance of a mediator. Mediation can help to resolve disputes between landlords and tenants and is often a quicker and less expensive alternative to taking legal action. Your best bet will be at your local housing association.
- Take legal action: If the issue is still not resolved, you can take your landlord to court. As a tenant in France, you have the right to a safe and habitable living environment, and the court can order your landlord to make necessary repairs. Again, your local housing association will assist you with this.
- Terminate the tenancy. If the problems with the property are significant and the landlord refuses to address them, you may be able to legally terminate your lease. However, it is important to consult with a lawyer to ensure that you are following the proper procedure.
- Request a deposit refund. If your landlord is refusing to refund your deposit, you can file a complaint with the local housing authority or take legal action to recover the funds.
It is important to keep in mind that different regions of France have different laws and procedures for addressing issues with landlords. Therefore, it is always a good idea to consult with a local lawyer or housing advocacy group to ensure that you are aware of your rights and options. Moreover, understanding the specific regulations in your region can help you navigate the process more effectively.
Additionally, it is advisable to keep detailed records of the issues you have reported to your landlord and any correspondence or conversations you have had with them. This can help to build a strong case if you need to take legal action. Remember: always take photos with timestamps, get everything in writing, and have witnesses wherever possible. Furthermore, maintaining a thorough record of events will provide concrete evidence to support your claims.
TL;DR
As a tenant in France, you have several options available to you if you are facing issues with your landlord. Whether it is reporting the issues to the authorities, seeking mediation, taking legal action, or terminating the lease, it is important to understand your rights and to proceed with caution in order to achieve the best outcome. Additionally, seeking advice from legal professionals or housing experts can offer valuable guidance throughout the process.
Associations that help you:
- Association de Défense des Habitants: http://www.lacnl.com/
- Costs are 70€ per year
- Agence Nationale pour l’Information sur le Logement: https://www.anil.org/
