The rules of decency for housing hire are supervised by law. If they are not respected, justice at all latitude to intervene. And sometimes the tenant can even claim compensation. Lighting.
France faces a deficit in housing. And even if a slight settlement of real estate prices has been observed in France in recent months, the situation should not improve immediately. This explains why the rents remain very high. Under these conditions, many, especially in large agglomerations, which agree to rent a more modest accommodation for more affordable rent. However, an owner is required to respect strict comfort rules for accommodation he offers for rental.
The criteria to be met by the owner
A law of July 6, 1989 stipulates that a lessor is required to put decent housing “not revealing manifest risk that can harm physical security, or health, and equipped with elements making it in accordance with residential use”. A somewhat vague definition, which was specified by the decree of January 30, 2002. The latter identifies the criteria for decency of a housing. They relate to the level of comfort (water, electricity, sanitary, heating), the state of the accommodation (structural work, ventilation, brightness and safety of people), as well as the area. The place of residence must consist of a main room with a living area at least equal to 9 m² and a ceiling height greater than 2.20 m.
If these criteria are not respected by the owner, the proof is easily demonstrable by his tenant. For example, it is difficult to deny that the toilets are in the kitchen or in the main room, or that the bathtub or the shower are not fitted with hot water and cold water. But other cases are more thorny. Thus the 2002 decree also specifies that the ventilation, the brightness, the natural light of the main parts must be “sufficient”. And there, we must recognize the very subjective character of appreciation. Difficult to agree on the true scope of this term! Also, for these points, it is better to consult a hygiene service or a professional to bring the accommodation up to standard. At the request of the tenant, the hygiene service can provide a report reporting the improvements to be made to the accommodation, which will be given to the owner.
What remedies of the tenant?
If the tenant judges that housing does not comply with the decency criteria defined by the 2002 decree, he has the opportunity to take stocks against the owner before the courts. “Before arriving at this deadline, an agreement can be reached through the conciliation committee, advises Jérôme Brossaud, secretary general of the General Confederation of Housing (CGL). Indeed, the latter can make it possible to find, free of charge, an amicable arrangement between the owner and his tenant without initiating lawyer”.
If unfortunately, an agreement is not found the tenant will always be able to seize the district court (TI). If the latter believes that the information, which is transmitted to him, does not allow him to judge the state of decency of the accommodation, he can ask a legal expert to carry out a more advanced analysis of the state of the accommodation. It is this specialist that he will notably return to determine the nature of the compulsory work to be carried out by the owner and to fix the cost. Its expertise will also be used for a possible revision downwards rent, the time to upgrade to housing standards.
That’s not all. “Few people know it, but the owner may have to pay the tenant compensation for the damage suffered over the period preceding the court decision,” adds Jérôme Brossaud. This is particularly the case if the precarious conditions of housing have had a direct impact on the health of the tenant. Recently a Parisian with asthma, because of the humidity of his apartment, obtained compensation. A owner-lessor therefore has every interest in upgrading his accommodation. And even if the tenant is informed of the state of unhealthiness of the apartment or house or the room of good, this will not question the admissibility of a future complaint.