As a landlord, you play a crucial role in the rental market, with a set of specific legal obligations. This comprehensive guide will shed light on your responsibilities, helping you navigate your role as a property owner while strictly adhering to the current legal framework.
 |
| Legal Obligations of Landlords: A Complete Guide for Property Owners |
The Duty to Provide a Decent Home
Your primary obligation as a landlord is to provide your tenant with a decent home. This means that the rented property must meet certain safety and health standards.
The property must be free of any obvious risks that could compromise the physical safety or health of the occupants. It should have a habitable surface area and volume that comply with current regulations, with a minimum of 9m² and 20m3 for a single person.
Basic amenities must be functional: a proper heating system, a supply of potable water, an electrical system up to code, and indoor sanitation facilities.
According to Article 6 of the law from July 6, 1989: "The landlord is required to provide the tenant with a decent home that does not present any obvious risks that could endanger physical safety or health."
Maintenance and Repair Obligations
As a property owner, you're responsible for the maintenance of the premises and must carry out all necessary repairs, excluding those that are the tenant's responsibility.
This includes major maintenance work (roofing, load-bearing walls), maintenance of common facilities (elevators, collective heating), and the upkeep of fixtures that are inseparable from the property (boilers, radiators).
Article 1720 of the Civil Code states: "The landlord is required to deliver the property in good repair of all kinds.
He must carry out, during the lease term, all necessary repairs, excluding those that are the tenant's responsibility." This obligation extends to bringing the property up to code when required by law, such as for electrical installations or the presence of smoke detectors.
Guarantee of Peaceful Enjoyment
You must ensure that your tenant enjoys peaceful use of the rented property. This means you cannot enter the property without the tenant's consent, except in emergencies. You must respect your tenant's privacy and not disturb them without justification.
The Court of Cassation reiterated in a ruling on March 6, 1996, that "the landlord is required to ensure the tenant has peaceful enjoyment of the leased property throughout the lease term." This obligation includes protecting the tenant from disturbances caused by third parties, where such disturbances fall under your responsibility as the property owner.
Obligation of Information and Transparency
Transparency is essential in the landlord-tenant relationship. You are required to provide certain documents and information to your tenant, including:
- A technical diagnostic file that includes the energy performance diagnosis (DPE), a lead exposure risk report for homes built before 1949, a natural and technological risks statement, and an asbestos diagnosis for buildings constructed before 1997.
- An information notice on the rights and obligations of tenants and landlords.
- The terms for receiving television services in the building.
The ALUR law of 2014 strengthened these information obligations, especially regarding the habitable surface area of the property, which must now be included in the rental contract.
Compliance with Safety Standards
As a landlord, you must ensure that the property complies with all current safety standards. This includes installing and maintaining smoke detectors, regularly checking electrical and gas installations, and preventing risks associated with carbon monoxide.
According to the decree from February 5, 2013, all homes must be equipped with at least one standardized smoke detector. Failure to comply with this obligation can lead to penalties and could hold you liable in the event of a disaster.
Management of Charges and Taxes
You are responsible for declaring and paying the taxes and levies related to the ownership of the rented property. This includes property tax, which cannot be passed on to the tenant unless specifically agreed upon for furnished rentals.
Regarding rental charges, Article 23 of the law from July 6, 1989, specifies that only charges expressly listed in Decree No. 87-713 of August 26, 1987, can be recovered from the tenant. You must justify the charges billed to the tenant each year by providing an itemized breakdown.
Obligation of Insurance
As a property-owning landlord, you must take out insurance covering rental risks on behalf of the tenant unless the tenant provides proof of personal insurance. This requirement, introduced by the ALUR law, is intended to protect the property in case of a disaster.
Article 7g of the law from July 6, 1989, states that the tenant must insure against rental risks. You can request an insurance certificate from the tenant each year. If the tenant fails to provide it, you can take out insurance on their behalf, and the premium will be recoverable from the tenant.
Respecting the Tenant's Right of First Refusal
If you decide to sell the rented property, you must respect the tenant's right of first refusal. This means you must offer the tenant the opportunity to purchase the property before putting it on the market.
Article 15 of the law from July 6, 1989, specifies the terms of this right of first refusal, including the deadlines and information that must be provided to the tenant. Failure to comply with this obligation could result in the sale being declared void.
Return of the Security Deposit
At the end of the lease, you must return the security deposit to the tenant within the legal timeframe, minus any amounts due for unpaid rent, charges, or tenant repair costs. The return period is one month if the exit inventory matches the entry inventory and two months otherwise.
The ALUR law introduced penalties for late return of the security deposit. According to Article 22 of the law from July 6, 1989, a 10% surcharge on the monthly rent can be applied for each month of delay.
As a landlord, your obligations are numerous and complex. Strict adherence to them is essential for maintaining a healthy relationship with your tenant and avoiding potential disputes. A thorough understanding of these obligations will enable you to manage your rental property professionally and in compliance with the law.