Housing & Tenancy

Landlord repair obligations in France

In France, landlords are legally required to maintain habitable conditions. Here's what they must repair, the formal notice procedure, and your options if they refuse.

The landlord's fundamental obligation: decent housing

French law is clear (loi du 6 juillet 1989): the landlord must provide a decent, habitable property and maintain that standard throughout the tenancy. This isn't discretionary — it's a legal obligation. A landlord who fails to maintain the property in a habitable condition is in breach of contract, and you have legal remedies.

What the landlord must repair

The landlord is responsible for:

What the tenant is responsible for

Tenants handle minor maintenance: changing lightbulbs, replacing tap washers, maintaining floor surfaces, painting, cleaning gutters when accessible, garden maintenance, etc. The key distinction: major structural or systemic repairs = landlord. Minor upkeep = tenant.

The 3-step procedure

  1. Friendly written request: a simple letter describing the problem and requesting repair. Keep a copy. Give 15 days for response.
  2. Formal notice (mise en demeure): if no response, send a recorded letter (lettre recommandée) with a specific deadline to complete the work. This is legally significant — it proves you've formally demanded action.
  3. Escalation: conciliation commission or court if the landlord still doesn't act

⚠️ Never stop paying rent to force repairs. Rent withholding exposes you to eviction proceedings even if the repairs are legitimate. The only exception: if a court explicitly authorises you to deposit rent in escrow. Without court authorisation, pay your rent and pursue repairs through separate legal channels.

Emergency: immediate safety risk

If the problem poses an immediate risk — gas leak, electrical fault, risk of flooding — don't wait for the formal procedure. Call emergency services (fire brigade, gas emergency line). The mayor also has police powers to order emergency repairs from a non-compliant landlord.

Going to court: what you can obtain

If the landlord still refuses after formal notice, a judge can order: completion of works under daily financial penalties (astreinte) for each day of delay, a rent reduction proportional to the disruption, and damages for harm suffered. The conciliation commission (Commission Départementale de Conciliation) is free and often resolves disputes without needing a judge.

My flat has mould. Is that the landlord's problem or mine?
It depends on the cause. Structural damp (coming from walls, the roof, or inadequate ventilation that was there before you arrived) is the landlord's responsibility. Condensation caused by your lifestyle (not opening windows, excessive humidity) may be attributed to you. Document when and where the mould appeared and get an independent assessment if disputed.
How long does my landlord have to make repairs once formally notified?
The law doesn't specify a fixed delay — it depends on the nature of the repair. A reasonable timeframe is typically 1 month for non-urgent work, and immediate action for safety risks. Include a specific deadline in your formal notice.
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