The obligations of the lessor
Being a landlord is not just about collecting rent each month: it is also about taking on a genuine managerial and guarantor role in the proper use of the housing. The landlord holds a property, but also bears a legal, technical, and human responsibility towards their tenant.
Their commitment begins even before the lease is signed, continues throughout the entire rental period, and ends when the keys are returned. Each step is framed by the Civil Code and the law of July 6, 1989, which are the cornerstones of rental regulation in France.
These obligations are important because they ensure a balanced and transparent rental relationship, where the rights of the tenant align with the duties of the landlord. A well-informed landlord, who respects their obligations, not only protects their tenant but also the value and profitability of their property.
Before signing the lease and handing over the keys: the initial guarantees
Before renting, check your town hall or prefecture's website to see if your housing is subject to these local measures.
During the term of the lease: ensure the tenant's daily life
Once the lease is signed and the tenant is settled, the landlord's role does not stop there.
They become responsible for the proper use of the housing, its security, its maintenance, and the peaceful enjoyment of the tenant. These obligations aim to maintain a balanced relationship and ensure the longevity of the property.
The obligation to maintain and carry out necessary work
The owner must maintain the housing so that it remains in good condition throughout the lease. This includes major repairs (roof, boiler, building structure, main plumbing), replacement of old equipment provided in the housing, and compliance of installations in the event of new safety or energy standards.
The decree n°87-712 of August 26, 1987 distinguishes repairs for which the tenant is responsible (minor routine maintenance) and those for which the landlord is responsible (heavy maintenance). The owner must therefore intervene quickly as soon as a structural problem arises, or risk being held responsible for deterioration of the housing. Keep a written record of each intervention (quotes, invoices, communications). In case of a dispute, this proves your good faith and responsiveness.
The obligation to ensure peaceful enjoyment of the housing
Article 6 of the law of July 6, 1989 imposes on the landlord the duty to guarantee the tenant a peaceful enjoyment of the housing. In practical terms, this means not disturbing the tenant (unannounced visits, work without agreement, intrusion), protecting the tenant against any known serious neighborhood disturbance, and ensuring that the housing remains habitable under normal conditions.
If these conditions are not met, the tenant may request a rent reduction or, in extreme cases, termination of the lease due to the landlord's fault. The landlord retains the right to visit only for urgent work or improvements (with a minimum 24-hour notice), or for the sale or rental of the property, limited to 2 hours per working day (unless otherwise agreed).
The obligation of information and administrative management
The owner must also inform and communicate with their tenant throughout the rental period. This includes the provision of rent receipts upon request, communication of the amount of rental charges and their annual adjustment, and updating legal information, particularly in the event of a change of owner or manager.
The landlord must also retain all documents related to the housing (diagnostics, invoices, exchanges) to justify their compliance in case of inspection or dispute. A well-organized rental management (even directly) saves time, avoids forgetting, and establishes a lasting trust relationship with the tenant.
At the end of the lease: manage the tenant's departure
The end of a rental contract marks a key stage in property management. It is the time to properly conclude the contractual relationship, retrieve the housing, and settle the financial aspects such as the return of the security deposit. Rigorous management at this stage avoids most disputes between landlord and tenant.
The organization of the exit inventory
The exit inventory is a mandatory step, carried out at the time of key return. Its goal is to compare the condition of the housing with that noted at the tenant's entry. Damages observed, excluding normal wear and tear or obsolescence, may justify a deduction from the security deposit.
To properly organize this step, it is recommended to conduct the visit jointly with the tenant, room by room, using the same model as that of the entry inventory to facilitate comparison. It is also advisable to include dated photos to support the observations. If the tenant refuses to participate, the landlord can call on a bailiff to establish an unquestionable report.
In case of disagreement, the landlord can only deduct an amount from the security deposit if he provides supporting documentation, such as an invoice or a quote.
The return of the security deposit
The security deposit must be returned within a one-month period after the return of the keys if no damage is noted, or two months in case of justified deductions. The calculation must be transparent and accompanied by the corresponding supporting documents (repairs, cleaning, unpaid rents...).
Make a detailed statement of the remaining charges and rents before the return. Keep proof of the transfer or the refund check: it may be requested in case of dispute. Any unjustified delay in the return exposes the landlord to legal penalties: 10% of the deposit amount for each month of delay.
In summary, the end of the lease agreement should never be improvised. A detailed inventory and a compliant return of the security deposit are the keys to a peaceful and legally flawless separation.
What happens in case of default? Sanctions and remedies for landlords
The landlord's obligations are not mere formalities. Their failure to comply can have legal and financial consequences. An uninformed or negligent owner exposes themselves to sometimes heavy penalties, but there are also amicable solutions to resolve disputes before they escalate.
The consequences for the landlord in case of non-compliance with their legal obligations
Civil sanctions
The tenant can bring the matter before the judicial court to demand a reduction in rent or a refund of overpaid amounts, the forced execution of necessary works, or even the termination of the lease at the landlord's fault. These measures allow for the restoration of the contractual balance and sanction the non-compliance with the landlord's legal obligations.
Financial sanctions
In the case of inadequate housing or the absence of a valid energy performance diagnosis (DPE), the Family Allowance Fund (CAF) may suspend the payment of housing assistance (APL). The landlord may also be compelled to return amounts received improperly. These sanctions aim to encourage the owner to bring the housing into compliance with minimum standards of decency and energy performance.
Criminal or administrative sanctions
In cases of fraud — such as the provision of false diagnostics, absence of a rental permit, or setting rents above the legal ceiling — the owner faces fines of up to €15,000 for an individual and €75,000 for a corporation.
Since the Climate and Resilience law, renting out a property classified as F or G without improvement works can also be punished by a ban on renting and the nullity of the lease, thus strengthening the fight against thermally inefficient housing.
Amicable dispute resolution options
Before embarking on a long and costly legal procedure, amicable resolution is often the best option.
Several mechanisms help ease tensions between landlord and tenant:
The Departmental Conciliation Commission (CDC) :
It can be approached for free by either party in the event of a disagreement (rent, works, return of the deposit, etc.). Its recommendations, although non-binding, help avoid litigation.Rental mediation :
An independent mediator helps find a compromise, especially in case of disagreement over repairs or charges. This solution is quick, confidential, and less confrontational.Support from a property management professional :
Engaging a property manager or administrator helps prevent most disputes. The agency acts as a neutral intermediary, ensures compliance with legislation, and manages reminders and disputes on behalf of the landlord.
Keeping a written record of each exchange (email, registered letter, quotes, invoices) is essential: these elements serve as evidence in case of a dispute.
An informed owner is a protected owner. Adhering to legal obligations is not just a constraint, but a guarantee of peace of mind and long-term profitability. Proactive, documented, and transparent management helps avoid most sanctions… and builds a lasting trust relationship with the tenant.
Conclusion: a rigorous and proactive property management for a healthy relationship
The landlord's obligations are not merely administrative formalities — they constitute the foundation of a balanced and lasting relationship between owner and tenant.
Complying with the law, anticipating housing needs, and communicating transparently is primarily about protecting one's assets and securing rental income.
A responsible landlord is one who provides decent and compliant housing, maintains their property rigorously, adheres to legal deadlines and procedures, and remains attentive to their tenant in order to maintain a relationship of trust. This proactive approach is not limited to avoiding sanctions: it improves rental profitability, enhances the property’s value over the long term, and strengthens the peace of mind of the owner.
Being a good landlord means combining responsibility, transparency, and anticipation. It also involves knowing how to surround yourself with the right people: a competent property management agency can be a true ally in ensuring compliance with legal obligations, optimizing the energy performance of the property, and guaranteeing rent collected without hassle.
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