Water leak tenant: who has to pay?

Alert meter, plumber and insurance! Is there a leak in your home? Water leakage is the most common disaster in any tenant. So, who has to pay the bill for repair, search for the origin of leakage or water damage management? Update on tenant and landlord responsibility during a water leak.

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  • Water leakage and rental housing: the tenant involved
  • Home insurance to be claimed during a water leak Water
  • leak repairs at the expense of the owner
  • Cases involving the landlord

Water leakage and rental housing: the tenant questioned

Did you spot a water leak on the meter or via water damage? When a water leak occurs, a plumber is usually called after the Excessive water consumption. But who has to pay the bill? Here are the cases in which the tenant may be challenged.

The decree of 26 August 1987 is clear: every tenant has an obligation to maintain his dwelling and avoid damage . In practice, if a tenant does not change his shower or sink seals, the leak will be attributable to him. If the tenant does not maintain his boiler and the result is a leak, then it is the tenant who will have to pay. A boiler must be maintained annually by any tenant.

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Another example : if the tenant is doing bad work or misusing the facilities of his dwelling (damaged pipeline, corrosive product in pipelines, etc.) and a water leak or damage is detected as a result of this, the landlord is not involved.

Home insurance to be claimed during a water leak

All housing rental involves the purchase of a home insurance contract (multi-risk home or apartment housing). This insurance covers all damage caused to the dwelling during the passage of the tenant.

If it is established that the tenant is responsible for the leak, he must contact his insurance . Repair and refurbishment costs will be paid in part or in full. If water damage reaches neighbors, your insurance covers you with civil liability.

Tip for tenants: maintain the plumbing of your home !

Water leak repairs at the owner’s expense

There is a finding of water leakage and water damage and it seems clear that the problem did not arise as a result of a breach on the part of the tenant? It may be up to the landlord to take responsibility for the leakage of water. In what cases does the owner have to take care of water leak repairs?

Law 6 July 1989 (Act No. 89-462) stipulates that every landlord must provide the tenant with decent accommodation. Plumbing must be in good condition at the time of signing the lease.

Cases involving the landlord

If the leak already existed before the lease was signed and the leak occurred only after renovation of the house and commissioning of the pipes, then it is the owner who is responsible and who must take charge of the repair to stop the leak and restore the parts affected by the water damage.

The meter will also need to be checked and the maintenance of the pipes carried out at the time of repairs. The lessor’s insurer must be kept informed.

In the event that the leak occurs in the common areas of the building and the tenant does not have access to it, the tenant is not responsible. The trustee of condominium must be informed.

If there is a construction defect or natural disaster, the owner will also have to advance the repair, and then make the compensation procedures with his insurer. For any dispute, enter the Reconciliation Commission.

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