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Info: This article is for informational purposes only and does not constitute legal advice. French tenancy law can change and its application may vary by circumstance. If you face a dispute about repairs or maintenance, consult a qualified notaire, avocat, or your local ADIL (Agence Départementale d'Information sur le Logement) for personalised guidance.
When a property needs repair in France, the question of who pays is not left to negotiation. French law answers it directly. Under Article 6 of the Loi du 6 juillet 1989, landlords carry a comprehensive obligation to deliver the property in a decent condition and to maintain it throughout the tenancy. That duty runs for the full duration of the lease and covers everything from the roof to the heating system. Knowing what falls to the landlord — and what falls to the tenant — protects both parties and prevents the most common disputes in French residential lettings.
Key takeaways
- French landlords must deliver and maintain a "decent" property (logement décent) throughout the tenancy under Article 6 of the Loi du 6 juillet 1989 and the décret no. 2002-120 of 30 January 2002.
- Structural repairs (gros travaux) — roof, walls, windows, plumbing, heating installations — are always the landlord's responsibility.
- Minor day-to-day maintenance (réparations locatives) falls to the tenant, as defined by the décret du 26 août 1987.
- A landlord cannot raise rent while the property fails to meet the decent housing standard.
- From 1 January 2025, G-rated properties (DPE) can no longer be let under new leases. F-rated properties follow from 1 January 2028.
- Tenants who cannot get repairs done can approach the Commission Départementale de Conciliation (CDC) or the Tribunal judiciaire — and in serious cases the prefect.
Overview: the legal framework
French residential tenancy law is built on two statutes and two key decrees. The Loi no. 89-462 du 6 juillet 1989 governs private residential lettings and defines the respective obligations of landlords and tenants. Article 6 of this law sets out the landlord's core duty: to hand over the property in a decent, safe, and healthy condition and to keep it in that condition for the duration of the tenancy.
The décret no. 2002-120 of 30 January 2002 defines what "decent" (décent) means in concrete terms — minimum floor area, structural integrity, amenities, and energy performance. The décret du 26 août 1987 provides a detailed list of the repairs classified as tenant responsibilities (réparations locatives). Together, these four texts answer most questions about who is responsible for what in a French tenancy.
French law draws a clear line between structural and major repairs (gros travaux), which are always the landlord's responsibility, and minor day-to-day maintenance, which falls to the tenant. This distinction is fundamental and it cannot be reversed by a lease clause. Any contractual term that shifts a structural repair cost onto the tenant is void.
Info: The rules in this guide apply to unfurnished residential leases (baux d'habitation non meublés) and, by extension, furnished residential leases under the Loi du 6 juillet 1989. Different rules may apply to seasonal rentals, student accommodation, and social housing. If you are unsure which regime applies, contact your local ADIL.
The decent housing standard (logement décent)
Before a landlord can let a property, it must meet the minimum standard known as "logement décent." This standard was introduced by the Loi SRU of 2000 and defined in detail by the décret no. 2002-120 of 30 January 2002. Failing to meet this standard is not merely a contractual breach: it is a legal violation, and tenants have specific remedies when it occurs.
The decent housing standard covers six criteria:
| Criterion | Minimum requirement |
|---|---|
| Floor area and volume | At least 9 m² of floor area and at least 20 m³ of habitable volume for a single occupant |
| Structural integrity | No defects threatening the physical safety or health of occupants — no significant damp, no collapsing structures, no exposed hazardous materials |
| Natural light and ventilation | At least one room with sufficient natural light; adequate air circulation to prevent condensation and preserve air quality |
| Amenities and services | Functioning heating, access to hot and cold running water, electricity with safe installation, a kitchen or kitchen area with connections, toilet facilities (indoors for properties of more than one room) |
| Freedom from infestation | No vermin, insects, or other parasites compromising the habitability of the property |
| Energy performance | A minimum DPE rating of F (this threshold is tightening: from 2025, G-rated properties cannot be let under new leases; F-rated from 2028) |
Warning: A landlord who lets a property that does not meet the decent housing standard cannot raise the rent. If the property fails this standard, the tenant can formally request that the landlord carry out the necessary works, and if the landlord refuses, can seek a court order requiring compliance — with no obligation to pay a higher rent in the meantime.
Landlord maintenance obligations
Article 6 of the Loi du 6 juillet 1989 imposes a continuing obligation on the landlord. This is not a one-time duty at handover: it runs throughout the entire tenancy. The landlord must carry out all repairs and works necessary to maintain the property in a condition fit for its agreed use — except those that fall explicitly within the tenant's responsibility under the 1987 decree.
Structural and major works (gros travaux)
The following categories of works are always the landlord's responsibility, regardless of cause (unless caused directly by the tenant's fault):
- Roof and structure: repairs to roofing, rafters, load-bearing walls, and foundations
- Exterior walls and facades: including render, cladding, damp-proof courses
- Windows and external doors: replacement of frames, double glazing, locks (if defective, not if damaged by the tenant), and shutters that are part of the structure
- Plumbing installations: pipes, boiler, water heater, radiators — any failure of the installation itself (as opposed to minor tap maintenance which falls to the tenant)
- Heating system: the landlord must maintain a functioning heating installation adequate for the property; boiler servicing and major replacements fall to the landlord
- Electrical installation: the fixed wiring, consumer unit, and any installation defect creating a safety risk
- Damp and water ingress: any infiltration from the exterior or from a structural fault — rising damp, roof leaks, inadequate waterproofing
- Common areas (in co-ownership buildings): the landlord is responsible for their share of common-area maintenance via co-ownership charges (charges de copropriété)
Tip: If you are unsure whether a repair is a gros travaux or a réparation locative, the test is simple: does it relate to the structure, installation, or essential services of the property? If yes, it is almost certainly the landlord's responsibility. If it is a routine maintenance task resulting from daily use, it is likely the tenant's.
The rent-freeze rule
Article 6 of the Loi du 6 juillet 1989 includes an important protection: a landlord cannot increase the rent of a property that does not meet the decent housing standard. If the property has deficiencies requiring the landlord to carry out works to reach that standard, any rent increase is blocked until the works are complete. This applies even if the lease includes a rent indexation clause.
Tenant responsibilities (réparations locatives)
The décret du 26 août 1987 provides a non-exhaustive list of repairs classified as tenant responsibilities (réparations locatives). These are minor maintenance tasks resulting from ordinary day-to-day use of the property. The principle is that tenants must maintain what they use on a daily basis — not because the law is harsh, but because these are the kinds of minor upkeep tasks an owner-occupier would perform without question.
The key categories of tenant responsibility include:
| Category | Examples of tenant responsibility |
|---|---|
| Plumbing (minor) | Replacing tap washers and cartridges; unblocking sinks, baths, and showers (if caused by the tenant's use); descaling shower heads |
| Heating (minor) | Bleeding radiators; replacing thermostat batteries; cleaning filters on ventilation units (VMC) regularly |
| Electrical (minor) | Replacing light bulbs and fuses; replacing switch plates broken by the tenant |
| Interior surfaces | Minor touch-ups to paintwork where the tenant has caused marks or damage; filling small nail holes; cleaning walls and floors |
| Doors and windows (minor) | Lubricating hinges and locks; replacing door handles or knobs broken by the tenant; adjusting interior door catches |
| Garden and outdoor areas | Mowing lawns, trimming hedges, keeping the garden tidy; clearing gutters and downpipes of leaves (where accessible) |
| General cleanliness | Keeping the property clean throughout the tenancy; ensuring no accumulation of waste that creates a health risk |
Warning: The 1987 decree list is not exhaustive. Courts can classify a repair as a réparation locative even if it is not on the list, provided it fits the same pattern of minor, routine maintenance. Equally, even a listed réparation locative becomes the landlord's responsibility if the damage resulted not from normal use but from a pre-existing defect or structural failure. The cause always matters.
Damage caused by the tenant
Separately from réparations locatives, tenants are always responsible for damage they cause through negligence, misuse, or accidental damage — even if the item damaged would otherwise be the landlord's responsibility to maintain. A tenant who puts a fist through a wall, floods the flat by leaving a tap running, or breaks a window must cover the cost of the repair. This liability is distinct from réparations locatives and is not subject to any list.
Works during the tenancy: notice rules
Even when a landlord has a legitimate obligation — or right — to carry out works, the law requires that the tenant's right to peaceful enjoyment (jouissance paisible) be respected. Article 7 of the Loi du 6 juillet 1989 sets out the procedural requirements.
For any non-emergency works, the landlord must give the tenant written notice at least 21 days before the works begin. This notice must describe the nature of the works, the expected duration, and the access arrangements required. If the works last more than 21 days, the tenant is entitled to a rent reduction proportionate to the loss of use of the affected part of the property.
| Type of works | Notice required | Rent reduction? |
|---|---|---|
| Emergency works (burst pipe, gas leak, risk to safety) | None required — immediate access permitted | No (but landlord must minimise disruption) |
| Non-emergency maintenance and repair (planned) | At least 21 days' written notice | Yes, if works exceed 21 days |
| Energy efficiency improvement works (travaux d'amélioration énergétique) | At least 21 days' written notice | Yes, if works exceed 21 days |
A tenant who refuses to allow the landlord access to carry out legally required works — after proper notice has been given — may be held liable for the consequences of that refusal. Tenants cannot block maintenance works. They can, however, require that works are carried out at reasonable hours and that the property is left in a clean and safe state at the end of each working day.
DPE energy performance requirements
The Diagnostic de Performance Energétique (DPE) rates residential properties on a scale from A (most efficient) to G (least efficient). Energy performance has become a central pillar of the decent housing standard, and the law now ties lettability directly to DPE ratings.
The timetable for restricting poorly rated properties from the rental market is as follows:
| DPE rating | New lettings prohibited from | Existing tenancies |
|---|---|---|
| G | 1 January 2025 | Existing tenants can demand energy works from the landlord |
| F | 1 January 2028 | Rent freeze from 24 August 2022 (no indexation permitted) |
| E | 1 January 2034 (planned) | No immediate restriction on existing leases |
| A, B, C, D | No restriction | Normal indexation rules apply |
Warning: Landlords with F or G-rated properties are already subject to a rent freeze: they cannot apply annual indexation (IRL — Indice de Référence des Loyers) to rent increases. This has been in force since 24 August 2022 under the Loi Climat et Résilience. The prohibition on new lettings for G-rated properties has been in force since 1 January 2025.
What existing tenants in poorly-rated properties can do
Tenants currently living in a G-rated property have specific rights. They can formally demand that the landlord carry out energy efficiency improvements sufficient to bring the property to at least an F rating. This demand should be made by registered letter. If the landlord refuses or fails to respond within two months, the tenant can refer the dispute to the Commission Départementale de Conciliation or the Tribunal judiciaire.
When the landlord refuses to repair
Landlords sometimes fail to act on maintenance obligations — whether through inaction, disagreement about responsibility, or financial difficulty. French law provides tenants with a clear escalation path.
Step 1: formal written demand
The first step is always a formal written demand sent by registered letter with acknowledgment of receipt (lettre recommandée avec accusé de réception, or LRAR). This letter must:
- describe the defect or repair needed in specific terms
- state that the repair is the landlord's legal responsibility
- set a reasonable deadline for the works to begin (typically 8 to 15 days for urgent issues, 30 days for non-urgent)
- state what action the tenant intends to take if the landlord does not comply
Keep a copy of the letter and the postal receipt. This document is essential if the dispute escalates to mediation or court.
Step 2: Commission Départementale de Conciliation (CDC)
If the landlord does not respond or refuses, the tenant can refer the dispute to the CDC — a free mediation service available in each department. The CDC brings together representatives of landlord and tenant associations to seek an agreed resolution. It is not compulsory but it is free, faster than court, and often effective. The CDC can issue a non-binding opinion that carries weight in subsequent proceedings.
Step 3: Tribunal judiciaire
If mediation fails, or for serious cases, the tenant can bring a claim before the Tribunal judiciaire (civil court). The court can order the landlord to carry out the works, set a deadline, impose penalties for non-compliance (astreinte), and award damages for any harm suffered by the tenant as a result of the landlord's failure to act. For low-value disputes (under 10,000 EUR), no lawyer is required, though legal advice is still recommended.
Step 4: contacting the prefect (non-decent housing)
Where the property fails to meet the decent housing standard, the tenant has an additional option: informing the prefect of the department. The prefect can investigate and issue a formal notice (mise en demeure) to the landlord requiring that the necessary works be carried out within a set timeframe. If the landlord does not comply, the prefect can arrange for the works to be carried out at the landlord's expense, and in severe cases, the property can be declared unfit for habitation (insalubre).
Warning: Do not withhold rent as a first response to a maintenance dispute. While French courts do recognise a tenant's right to reduce rent in some circumstances, withholding rent without a court decision creates significant legal risk. Always follow the formal escalation path first and seek legal advice before withholding any payment.
Insurance obligations
Both landlords and tenants in France carry mandatory insurance obligations. Understanding these avoids disputes about who pays when something goes wrong.
Landlord insurance: assurance propriétaire non-occupant (PNO)
Landlords should hold a propriétaire non-occupant (PNO) policy. This covers the building structure and the landlord's civil liability when the property is let and an incident occurs that is not covered by the tenant's insurance — for example, a fire in the building during a void period, or a water damage claim where the tenant's policy has lapsed. Since the Loi ALUR of 24 March 2014, PNO insurance is compulsory for landlords whose property is in a co-ownership building (copropriété). For other properties it is strongly recommended but not legally mandated.
Tenant insurance: assurance habitation (risques locatifs)
Tenants are legally required to hold tenant insurance covering at minimum the risks locatifs — fire, water damage, and explosion — under Article 7 of the Loi du 6 juillet 1989. Landlords can require proof of this insurance at lease signing and at each annual renewal. If a tenant fails to obtain or renew this insurance, the landlord can either terminate the lease for breach, or take out the insurance on the tenant's behalf and charge the premium back to the tenant.
Tip: When a water damage event (dégât des eaux) occurs in a French property, the French insurance industry uses the IRSI convention (Convention IRSI) to allocate responsibility between the insurers of all parties involved. Under IRSI, minor water damage claims up to 5,000 EUR (excl. VAT) are handled by the insurer of the occupant of the property where the damage originated. For larger claims, the landlord's PNO policy and the syndic's building insurance may both be involved. Report any water damage to your insurer immediately.
Frequently asked questions
Sources
- Loi no. 89-462 du 6 juillet 1989 tendant à améliorer les rapports locatifs, Article 6 — Légifrance
- Décret no. 87-712 du 26 août 1987 relatif aux réparations locatives — Légifrance
- Décret no. 2002-120 du 30 janvier 2002 relatif aux caractéristiques du logement décent — Légifrance
- Travaux dans un logement loué: qui paie quoi? — Service-Public.fr
- Logement décent: les obligations du propriétaire-bailleur — Service-Public.fr