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I’m a tenant, can I do work in my lodging?

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Do you wish to do work in your own home or house however you aren’t the proprietor? Relying on the character of the developments envisaged, authorization could also be required.

The tenant has unique use of the rented premises. That’s to say, he can freely dwell in it, so long as he respects the circumstances of the lease and the co-ownership rules, if relevant. Beautification works are a part of the rights granted to the tenant. Alternatively, when the work entails a significant transformation or particular variations of the rented premises, the settlement of the proprietor is critical.

Can the tenant perform work to rework the rented lodging?

Sure, the tenant can, at his personal expense, perform work to rework the lodging. However in keeping with their significance, thewritten settlement proprietor could also be required (article 7, f of the aforementioned regulation) :

  • Small transformation works will be carried out freely, with out the proprietor’s settlement. It may very well be a like-for-like substitute of a carpet or a lick of white paint in the lounge.
  • Main alterations require the proprietor’s written consent. It may be the change of room within the kitchen or the transformation of a tub right into a bathe.

Can the tenant do adaptation work associated to the state of incapacity or the lack of autonomy?

Sure, the tenant who wants to hold out work to adapt the lodging to his scenario of incapacity or at his Autonomy loss associated to his age can carry them out, at his personal expense (article 7, f of the aforementioned regulation).

It may be:

  • The removing of a door to go a wheelchair.
  • Putting in a stairlift.
  • The set up of an tailored bathtub within the lavatory.

These works are the topic of a written request by registered letter with acknowledgment of receipt from the lessor. The absence of a response inside 2 months from the date of receipt of the request is deemed to be the lessor’s determination to simply accept.

When the tenant leaves, the proprietor can not demand that the premises be returned to their authentic state.

Can the tenant perform power renovation work?

Sure, the tenant who desires to hold out power renovation work at his personal expense sends a request to the lessor, with a view to acquiring his settlement, which describes exactly:

  • The deliberate transformations
  • The circumstances underneath which this work will probably be carried out.
  • The corporate liable for carrying them out (article 7, f of the aforementioned regulation and decree2022-1026 of July 20, 2022).

2 months after completion of the work, the tenant certifies to the proprietor that the work has been carried out by the chosen firm and truly corresponds to the notified and licensed transformation work.

Within the absence of a response from the tenant inside the interval of two months following the sending of the letter requesting the completion of the work, the lessor will probably be deemed to have given his tacit settlement and won’t be able, on the finish of the lease, to request the reinstatement of the state of affairs.

Good to know : the aforementioned decree offers a restrictive listing of the power renovation works that may be carried out:

  • low ground insulation
  • insulation of attics and attic ceilings
  • substitute of exterior joinery
  • photo voltaic safety of glazed or opaque partitions
  • set up or substitute of a air flow system
  • set up or substitute of a heating and home scorching water manufacturing system and related interfaces

Excluded from this listing are works affecting the construction of the constructing, its exterior look, modifying its vacation spot or topic to acquiring a previous declaration or a constructing allow.

Free pattern letter requesting work from the proprietor

Here’s a mannequin letter to ask the lessor for permission to do work within the rented lodging.

What work is the tenant liable for?

Legislation No. 89-462 of July 6, 1989 governs the connection between tenant and proprietor of a dwelling. Article 7 organizes and distributes the work load.

The precept: the tenant is liable for routine upkeep and rental repairs

The tenant is obliged to make and bear his duty, all through the period of the rental:

  • Routine housekeeping.
  • The upkeep of the gear talked about within the rental contract, following regular use. For instance, fridges, washing machines and dishes, dryers, extractor hoods, water softeners, photo voltaic collectors, warmth pumps, air-con gadgets, particular person radio and tv antennas, sealed furnishings, fireplaces , home windows and mirrors…
  • Minor repairs.
  • All rental repairs.

Decree No. 87-712 of August 26, 1987 lists in a non-exhaustive method the rental repairs and routine upkeep payable by the tenant. For example :

  • Garden mowing
  • tree pruning
  • Substitute of broken door handles
  • Sealant restore
  • Filling holes dug to hold footage on the wall
  • Becoming carpet the place it’s broken
  • Unblocking of water pipes
  • Substitute of bathe hoses
  • Substitute of sunshine bulbs

The conclusion of those works doesn’t require the settlement of the proprietor.

The exception: harm attributable to the dilapidation of the premises

Routine upkeep work and rental repairs are now not due by the tenant when they’re attributable to:

  • Out of date. Dilapidation is outlined because the state of wear and tear or deterioration ensuing from time or regular use of the supplies and parts of apparatus of which the lodging is made. (part 4 of decree2016-382 of March 30, 2016). It’s for instance a peeling paint or a carpet filed by time.
  • poor workmanship
  • building defect
  • Fortuitous occasion or drive majeure. For instance, harm attributable to a storm or an earthquake (article 1755 of the Civil Code).

They change into in these hypotheses on the expense and expense of the proprietor.

To forestall potential issues in distinguishing dilapidation and deterioration, the proprietor and the tenant can resolve on a dilapidation grid upon signing the lease.

Who ought to pay for the work, the tenant or the proprietor?

Rental repairs and routine upkeep of the rented lodging are the duty of the tenant. He’s the one who has to pay them.

Deterioration, poor workmanship, building defect or drive majeure on the origin of the work, shift the duty for the work from the tenant to the proprietor. It’s the latter who should pay them, plus the tenant.

Does the tenant must redo the work?

The tenant is just obliged to redo the work of the rented house or home when they’re broken by an absence of upkeep or care in the course of the rental.

If the work want refreshing attributable to the dilapidation of the lodging, or by a case of drive majeure, they need to then be redone by the proprietor.

What does the tenant danger if he does work with out the owner’s consent?

With out the settlement of the proprietor regarding the work undertaken by the tenant, the proprietor could require that his property be restored to the situation it was ininitially of the lease. Or hold for his profit the transformations carried out with out the tenant with the ability to declare compensation for the prices incurred.

Repairs are on the tenant’s expense.

Which court docket has jurisdiction within the occasion of a dispute over the tenant’s work?

It is the safety litigation decide who sits within the court docket of regulation which is competent to settle civil disputes referring to residential leases.

The decide have to be seized both by request or summons, after having essentially tried mediation if the dispute considerations an quantity lower than 5000 euros.

Can I refuse work as a tenant?

When it’s the proprietor of the rented premises who needs to hold out work within the lodging, can the tenant refuse them?

As a reminder, the owner has the duty to take care of the lodging that he makes obtainable to the tenant. (article 6 of regulation n° 89-462 of July 6, 1989).

Earlier than the beginning of the work, the proprietor is obliged to inform the tenant.

The tenant is obliged to permit the lessor entry to the lodging for his or her realization (article 7, e of the aforementioned regulation). Besides Saturdays, Sundays and public holidays, days for which the tenant can refuse the work.

If the work lasts greater than 21 days, the owner should grant a discount in lease proportional to the period of the work.

Conclusion

The tenant can perform work in his lodging, however relying on their nature, the written settlement of the owner could also be thought-about.

Circumstances the place the tenant can perform work with out the proprietor’s written consent:

  • Small transformation works
  • Widespread repairs
  • Rental repairs

Circumstances the place the tenant can perform work after written settlement from the proprietor:

  • Main transformation works
  • Power renovation works
  • Adaptation work associated to the state of incapacity or lack of autonomy

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