In a real estate lease agreement, the occupant of the premises is responsible for the routine maintenance of the property as well as minor repairs. Logically, various tasks that do not fall under either of these situations are the responsibility of the landlord. What exactly are the maintenance tasks that fall on the landlord? Discover everything you need to know to anticipate expenses properly and also avoid potential disputes with your tenant(s).
What Obligations for a Landlord?
The first essential obligation for any landlord is to provide the tenant with decent housing suitable for use as a primary residence. Very concretely, the law regulates practices through regulations on safety, health, but also the minimum size of decent housing.
In this sense, it is prohibited to rent a dwelling with a floor area of less than 9m2. The minimum ceiling height, on the other hand, is 2.20 meters. Regarding the safety of property and persons, the landlord must be able to guarantee the compliance of electrical / gas installations. The tenant may also request an asbestos diagnosis and a lead diagnosis to better understand any potential risks they may be exposed to.
Furthermore, the landlord must allow the tenant to fully enjoy the premises. This means that, for example, they cannot enter the premises without prior authorization.
Finally, if an issue prevents the normal use of the accommodation, the landlord must intervene. This is where we come to the maintenance tasks that fall on them. Many repairs may be the responsibility of the landlord, as long as they do not fall within the scope of daily maintenance tasks or minor repairs.
Maintenance Tasks the Landlord Is Responsible For: Some Common Examples
Energy Efficiency Works
Insulation of the roof or walls, replacement of single glazing with double glazing, installation of a new ventilation system: all these works are the responsibility of the landlord. If there is no issue preventing your tenant from fully enjoying the property, you can postpone these works and organize to carry them out at the appropriate time. However, you cannot in any case ask the occupants to bear even part of the final bill.
Replacement of Basic Equipment
The toilet flush is not working? You need to install a new boiler in your apartment or set up new radiators? Again, these are major works borne by the landlord of the property.
Example: the toilet flush suddenly stopped working in your apartment and your tenant reported it to you. It may have been old or defective. But in any case, you are responsible for this project.
Works Concerning Common Areas
Installing an elevator or a new access code system falls under the works that are the responsibility of the landlord. While you can include your condominium fees in your tenant’s rent, you cannot demand payment from them for works undertaken on the condominium.
What About Works Due to Tenant Negligence?
Repairs that must be initiated and financed by the landlord are those resulting from a defect or obsolescence. If there have been neglect and the apartment is returned in poor condition, you can demand that the tenant contribute to the restoration – or pay for it in full, depending on the circumstances. Since it can be difficult to reach a consensus in such situations, it is ideal to be accompanied by a real estate agency for all rental management, especially the inventory of fixtures on entry and exit.
