Repairs at the expense of the tenant

You are a tenant and you are wondering exactly what repairs and small routine maintenance tasks must be borne by your landlord? An update on repairs to be made by the tenant and what repairs you can request from your landlord.

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  • repairs, maintenance, works… to whom?
    • Rental repairs at the expense of the tenant Rental
    • repairs at the expense of the owner

Rental repairs, maintenance, works… to whom?

When a tenant moves into an apartment or rental house, the accommodation is supposed to be decent and in good condition. Routine maintenance work of the dwelling must be done, under pain of malfunction, poor condition and housing discomfort for the tenant.

The Decree of 26 August 1987 defines rental repairs very clearly. Some of them are the responsibility of the tenant, while others are the responsibility of the landlord.

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Rental repairs at the expense of the tenant

Rental repairs defined by decree and being the responsibility of the tenant are:

  • routine maintenance work ”,
  • small repairs
  • “ the replacement of elements comparable to those repairs and as a result of thenormal use of premises and equipment for private use”.

The tenant is fully responsible for the damage and/or loss of equipment elements of the dwelling (indoor and outdoor). This means that the garden is also included in routine maintenance work : weeding, cleaning, mowing, watering, pruning, pruning, winding, repairing watering facilities, etc. These tasks differ depending on whether the dwelling is a detached house or a collective building.

Important : the old-fashioned aspect of a dwelling (see an inventory of the places of entry, even seniority of the lease), the defect of construction or the case of force majeure cannot have any consequences on the liability of the tenant.

Under no circumstances do these repairs mean that the tenant has an obligation to perform major work himself that would change the structural side of the dwelling.

List of small repairs and maintenance of the dwelling at the expense of the tenant:

  • Maintenance of balcony, shutters, grilles,
  • Maintenance of the mailbox, garden, terrace
  • Maintenance of the cellar, the box, the chimney
  • Maintain gutters, canopy, front door, garage door
  • Maintain septic tank, water meters
  • Maintain boiler/water heater, cumulus /hot water tank (mandatory maintenance contract)
  • Switches, sockets, sockets, bulbs
  • Intercom
  • Maintenance of doors, locks, keys, badges
  • Floor, ceiling and wall care
  • Etc.

Rental repairs at the expense of the owner

The landlord does not have the same obligations as the tenant in his dwelling. And for good reason: it is supposed to provide housing in good condition, but the use of this dwelling does not concern him. The tenant has his lease, pays his rent and must be able to have functional housing. From the time the keys are handed over, the owner only takes care of the replacements related to the obsolete . Descaling of a water heater, for example, is considered normal wear and tear, and therefore at a sign of old age.

The repairs that are the responsibility of the owner are much more succinct:

The owner has his own missions and must perform certain repairs:

  • complete maintenance of pipelines
  • maintenance of water and fluid meters (in the case of the existence of a maintenance contract with the owner)
  • maintenance of the roof of the dwelling
  • replacement of the electrical panel
  • replacement of the front door except damage
  • the replacement of housing smoke detector

In the event that the replacement of the above elements involves doing work or repair so-called “ large scale ” (see law), such work will be entirely borne by the lessor owner. In addition, the premises (rental and accommodation) must be left “in good condition” for tenants after all work.

Examples of large-scale works: roofing, facade ravalings, etc. You are warned!

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