Defects in Your Rental: Your Rights and How to Act
A heater that doesn't work, a window that won't close, water infiltration: as a tenant, maintaining your home is not your responsibility. Here's how to act effectively.
The maintenance obligation belongs to the landlord, no exceptions
The law imposes a general maintenance obligation on the landlord. Any lease clause claiming otherwise — such as "no maintenance will be carried out by the landlord" — is null and void, even if you signed it. A defect is anything that prevents you from using the property as intended by the contract.
A common case: faded paint or wallpaper
The typical lifespan of paint or wallpaper is estimated at around 10 years, calculated from the date of the last work done (not from the start of your lease). Past this point, you can request a refresh from your property manager. This right only applies if the wear is linked to the passage of time, not to fault on your part.
What you should never do
Never stop paying your rent, even if your landlord ignores repeated complaints. This would expose you to a formal notice, or even a lease termination for non-payment — a disproportionate risk compared to the defect itself.
The right alternative: rent deposit (consignation)
If, despite several written complaints, nothing changes, the law allows you to deposit your rent into a special blocked account rather than paying it directly to the landlord, until repairs are made. This procedure has strict conditions that must be followed carefully.
Steps to follow
- Document the defect: dated photos, precise description, how long it has existed.
- Report it in writing, ideally by registered letter, setting a reasonable deadline for repair.
- Keep a record of all your exchanges with the property manager.
- If nothing changes, consider rent deposit rather than stopping payment, or refer the matter to the conciliation authority for a proportional rent reduction until repair.
You're also entitled to a rent reduction
As long as the defect persists and genuinely affects your use of the property, you can claim a rent reduction proportional to the severity of the problem.