Unpaid for some and lack of comfort for others, rental relationships are an eternal source of conflict. And the podium of discontent is always the same. In addition to the quarrels over the non-return of the security deposit and the weight of rental charges, tenure issues fuel rental disputes. But what exactly are we talking about?
Comfort is a must
To understand this rather vague legal term, it is necessary to refer to the obligations of the lessor. Under articles 1719 et seq. Of the Civil Code, any owner must provide his tenant with decent accommodation, ensure him peaceful enjoyment of it throughout the duration of his lease and maintain this thing in a state of use for the use for which it is was rented.
At the top of the list, he must therefore carry out all the necessary repairs, other than rental. The legislator also makes the lessor responsible for all the defects or defects which would prevent the normal use of the premises, even though the latter would not have been aware of them when signing the lease. In other words, the owner must guarantee his tenant a serene occupation and a certain level of comfort. In contrast, it is therefore when one of these legal requirements is not respected that the occupant can invoke a disturbance of enjoyment.
Lack of maintenance in sight
With such a scope, the examples of rental hassles are endless. Without being exhaustive, we can in particular cite anything relating to the lack of thermal insulation, a faulty heating system or the presence of humidity or asbestos. Likewise, if the tenant must ensure the day-to-day maintenance of the premises, the owner is responsible for certain costs such as the replacement of an unusable mailbox, the maintenance of the electrical installation in good condition, the change of a heater. -water out of order or the repair of a broken patio door after an attempted break-in.
More anecdotal, but just as prohibited, the intrusion of the lessor into the accommodation without the authorization of its tenant is a disturbance of enjoyment. Good to know: the occupant cannot question his owner in the event of force majeure (flood, storm, etc.), when his discomfort results from the actions of a third party (for the nighttime noise of a neighbor, for example) or if it is the result of his own negligence.
Compulsory conciliation
If you feel that you are the victim of a problem that is the responsibility of your landlord, the first thing to do is to let him know in order to find an amicable solution. When emails and telephone reminders to the manager go unanswered, it is better to raise the tone by asserting your rights through a registered letter with acknowledgment of receipt, which will detail the nuisances suffered (the photos in the appendix are recommended) and remind them of the prescriptions of articles 1719 and following of the Civil Code.
Your landlord persists in playing the ostrich? There is no point in avenging yourself by not paying your rent anymore, because it is forbidden and it could then turn against you. You must refer to the Departmental Conciliation Commission, which is competent for any dispute relating to the rental of a main dwelling. If the amicable settlement attempt fails, all you have to do is take your case to court.
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