The rules to follow to rent a property in full compliance
Criteria for housing to be considered decent
established by law
- The main room must measure at least 9 m² with a minimum ceiling height of 2.20 meters,
- Have natural light and have an opening that gives access to the open air or a glazed volume that gives access to the open air.
- The rental must be solid and well maintained in its overall structure and in its accesses.
- Electricity, gas, water network and heating and domestic hot water production equipment must meet current standards and function properly without risk to the tenant.
- The joinery and the roof of the dwelling must allow its waterproofing.
- The renewal of air must be allowed by the openings of the dwelling and/or its ventilation device.
- No materials hazardous to health (lead, asbestos, etc.) must be present in the dwelling.
- The various guardrails must be securely fixed so as not to compromise the safety of the tenant.
Essential equipment
For decent housing
- a heater to heat the dwelling and evacuate combustion residues safely,
- a drinking water supply whose pressure and flow rate allow normal use,
- a waste water disposal system in accordance with the standards in force and without backflow,
- an electrical network with standards capable of supporting sufficient lighting and the use of common electrical appliances,
- sanitary and hygiene equipment with a shower or bath and toilets in a room other than the kitchen (toilets can be outside the dwelling provided they are easily accessible within the same building),
- A kitchen area with a sink connected to hot and cold water and a sewage disposal device, as well as the possibility of installing a cooking appliance.
The risks incurred by owners who do not respect the rules for renting a property
When an owner rents out a property that does not comply with the rules, the said accommodation is not considered decent. Consequently, the tenant is entitled to demand its compliance and compliance.
If the landlord refuses to comply with the tenant's request, the latter may refer the matter to the judge. The latter then requires the landlord to bring the rented dwelling into compliance within a certain period and may suspend the payment of rent or reduce the amount during this period.
In certain situations, the judge may order the landlord to pay damages to the tenant. The tenant is entitled to leave an indecent dwelling at any time, without notice, provided that he proves the elements that make this dwelling a habitat not in conformity with the rental.
Other rules to follow during the rental
- It is forbidden to ask the tenant for a sum of money to reserve the accommodation,
- to impose on the tenant a specific method of payment for the payment of the rent,
- to require full payment for a month not occupied in its entirety,
- impose home insurance on the tenant or prevent the tenant from receiving and temporarily hosting relatives (family or friends).
On the other hand, the owner can ask for their departure if disturbances are reported by the neighborhood. It is also forbidden: to prevent the tenant from having a pet, such as a dog or a cat. However, the owner may restrict their number or prohibit dangerous dogs (category 2 attack dogs) and exotic NACs (snakes, scorpions, etc.).
The landlord cannot go to the tenant's home to check the condition of the dwelling without the tenant's prior agreement. The tenant is fully entitled to refuse this visit.
It is also forbidden to seek compensation to compensate for an early termination of the lease. The tenant must respect a notice period of one or three months depending on the context, and no compensation must be required in addition to the payment of the rent.
Finally, the owner cannot keep the tenant's security deposit for more than one month after his departure from the accommodation if the property is returned in a condition consistent with the inventory of fixtures at the entrance. Any deduction from the amount of the security deposit must be justified by an invoice or a detailed quote.
To conclude, renting a property requires compliance with many rules and standards. As a landlord, it is essential to learn about these obligations to avoid any dispute with the tenant and to offer decent and secure housing.
At Gabriel, our team is made up of real estate professionals who know the legislation in force. We can assist you in all stages of renting your property and guarantee you a safe transaction.
Do not wait any longer to contact our Gabriel real estate network and entrust us with your property rental project. Fill out the contact form now and we will get back to you as soon as possible.
Posted on 02/03/2023 by
Cyril POTTIER
Entrepreneur and founder of the agency GABRIEL FRANCE, my career began in the field of accounting, but my passion for real estate led me to this captivating adventure. With GABRIEL FRANCE, we bring our expertise to every stage of real estate, from purchase to sale, including rental management. Through each transaction, our goal is simple: to ensure your satisfaction.
