The tenant's obligations: maintenance, rent, and respect for the accommodation
Renting a home is much more than occupying a property: it is engaging in a contractual relationship governed by law, where both the landlord and tenant have rights but also responsibilities. For the tenant, these obligations are at the heart of a serene rental — they not only ensure the respect of the property but also good relations with the landlord.
These rules are set by the law No. 89-462 of July 6, 1989, supplemented by the Civil Code, which lays the foundations for renting a residence for primary use. These texts specify what the tenant must do — from paying rent to regular maintenance, including home insurance and respecting the neighbors.
The rental contract (or lease) formalizes these commitments. It acts as a roadmap: it sets the terms of occupation, duration, amount of rent, and mutual obligations. If well-drafted, it protects both parties and limits disputes. For the tenant, understanding these obligations is therefore not only avoiding mistakes but also preserving their rights and the sustainability of their rental.
The essential obligation: the payment of rent and charges
The tenant has every interest in keeping their monthly receipts: they constitute a record of their payment regularity and may be required for a future rental project or a financing request.
Routine maintenance and tenant repairs
The distinction between tenant repairs and landlord obligations
In a residential lease, the maintenance of the property relies on a clear sharing of responsibilities between the tenant and the landlord. Too often overlooked, this distinction is essential to avoid misunderstandings. The tenant is responsible for routine maintenance, while the landlord takes care of major repairs and bringing the property into compliance.
The decree of August 26, 1987 specifies the so-called “tenant repairs”: they pertain to minor interventions related to daily use (replacement of light bulbs, maintenance of seals, regular cleaning, greasing of locks, etc.). Conversely, anything related to the structure of the dwelling, collective heating, or major works falls to the landlord.
A good practice is to record the interventions carried out in a maintenance log for the property. This allows the tenant to justify their good faith in case of disputes and to prove that they have fulfilled their obligations. It is also an effective way to preserve the value of the property and avoid costly degradation in the long term.
Minor repairs for which the tenant is responsible
The tenant must maintain the property in a “reasonable” manner and carry out necessary repairs related to daily life. This includes replacing seals, maintaining flooring, cleaning vents, and maintaining provided equipment (fixtures, cooktops, refrigerators, etc.). These simple actions ensure a healthy living environment and extend the lifespan of the facilities.
The law assumes that normal wear and tear is tolerated, but damage resulting from a lack of maintenance or abnormal use is the tenant’s responsibility. Conversely, if a breakdown results from wear and tear or a structural defect, it is the landlord who must intervene. The notion of balance is therefore crucial.
The tenant can refer to the “wear and tear grid” annexed to the lease when it exists. This tool allows for an objective evaluation of whether a replacement is due to the natural aging of the material or to negligence. It is a valuable reference for preventing disagreements during the exit inventory.
The tenant's responsibility in case of damage or disasters
The tenant is responsible for damages caused during the lease term, unless they prove that they result from a case of force majeure, a construction defect, or an intervention by the landlord. This responsibility also extends to disasters (water damage, fire, broken glass) and to persons occupying the property with them.
This rule protects the landlord and encourages careful use of the property. In case of a disaster, the tenant must promptly inform the landlord and their insurer, otherwise their liability could be engaged.
A quick report of water damage or a leak often helps to prevent worsening the damage — and thus incurring significant costs. Good responsiveness and transparency from the tenant remain their best protections against any possible deduction from the security deposit.
The peaceful and respectful use of housing
The prohibition of transformations without authorization
A tenant is free to arrange their accommodation as they see fit, but within certain limits. While they can personalize the space (painting, decoration, small furniture), they cannot undertake significant transformations without the written consent of the landlord.
This rule ensures the preservation of the property and the possibility of returning it to its original state.
Article 7 f) of the law of July 6, 1989 specifies that a tenant cannot modify either the structure or the configuration of the equipment without authorization. This includes, for example, the removal of a partition, changing a tile, or converting a bathtub into a shower. The landlord may require restoration or even withhold part of the security deposit in case of non-compliance.
It is always preferable to formalize modifications in writing. A simple validation email from the landlord protects the tenant and avoids disputes. On the other hand, light and reversible improvements (putting up shelves, wall painting) do not require prior authorization, as long as they do not degrade the property.
Respect for the neighborhood and common areas
Living in a rental implies also respecting the tranquility of the neighborhood and the rules of the condominium. Noise nuisances, disrespectful behavior, or cluttering common areas can be considered a breach of the lease. This obligation aims to maintain harmonious cohabitation among the occupants of the building.
The tenant is responsible not only for their actions but also for those of their guests. Repeated disturbances may justify a formal notice, or even termination of the lease in case of persistence. The law thus provides the landlord with a framework to act if complaints accumulate.
A simple dialogue with neighbors or increased attention to schedules is often enough to avoid tensions. Moreover, some condominiums impose specific rules (work hours, waste management, pets). The tenant must comply with these upon their arrival.
The obligation to maintain the apartment in good condition and use it reasonably
The tenant must ensure to use the apartment according to its intended residential purpose and maintain it in a proper state. This means not conducting unauthorized professional activities, not subletting without consent, and avoiding any use that could damage the property. This obligation of “reasonable” use is a protective guarantee for both the landlord and the neighborhood.
This rule also applies to pets: they are allowed in most cases, unless otherwise stated in the lease, but their presence must not cause damage or disturbances. In case of recurring complaints, the landlord may seek compensation, or even termination, if the disturbances are substantiated.
In practice, keeping a clean, well-ventilated, and well-maintained home is not just a legal obligation: it is also the key to a security deposit being fully refunded at the end of the lease. Therefore, the tenant has every interest in regularly maintaining their interior to avoid unpleasant surprises during the exit inventory.
Home insurance: a mandatory guarantee
Why is home insurance mandatory?
The home insurance is not an option for tenants: it is a legal obligation provided by the law of July 6, 1989. It protects both the tenant and the landlord against the risks related to occupying the housing (fire, water damage, explosion, etc.). In case of an incident, it prevents a claim from turning into a financial catastrophe.
This insurance, often called 'multirisk home insurance', covers damages caused to the rented housing, but also the tenant's liability to the landlord and neighbors. Without this coverage, the tenant personally engages their civil liability and must reimburse the repairs, which can sometimes be very costly.
Specifically, the landlord can require an insurance certificate as soon as the keys are handed over, and then every year. In case of non-presentation, they have the right to send a formal notice or to take out insurance themselves on behalf of the tenant, charged as an addition to the rent.
Covered rental risks and declaration obligations
Multirisk home insurance generally covers three main types of risks: material damage (fire, explosion, water damage), civil liability related to rental (damages caused to the rented housing), and liability towards third parties (neighbors, co-ownership). Some policies also include theft, glass breakage, or legal protection.
The subscription must be adapted to the type of housing (studio, house, shared accommodation, furnished rental, etc.) and the equipment present. The tenant must inform their insurer of any significant changes, such as the addition of a roommate or renovations in the housing.
Practically speaking, a well-chosen contract allows for the coverage of the majority of common claims for a often modest premium (between 80 and 200 € per year). This is a small cost compared to the potential consequences of an uninsured water damage or a fire partly covered.
What to do in case of a claim?
When a claim occurs, the tenant's responsiveness is crucial. They must immediately notify their insurer—generally within a period of 5 working days—as well as their landlord, in order to limit the extent of the damages. The quicker and more documented the declaration, the smoother the compensation process.
The insurer then mandates an expert to assess the damages and determine liabilities. If the claim involves the co-ownership (e.g., water leak from a neighbor), the management is done jointly between insurers thanks to the IRSI agreement. The tenant simply needs to keep the receipts and follow the repair instructions.
Well-insured tenants rarely suffer significant financial losses. In contrast, those who neglect this formality expose themselves to having to pay several thousand euros in repairs, or even face eviction. A well-chosen home insurance provides peace of mind before, during, and after a disaster.
The obligation to access housing under conditions
A legitimate obligation but strictly regulated
The rented accommodation becomes the tenant's home — a private space protected by law. However, in certain specific situations, the landlord may legitimately request access to the housing. This possibility, often misunderstood, serves the purpose of maintenance, safety, or administrative management of the property.
Article 7 e) of the law of July 6, 1989, allows the owner or their representative to enter the dwelling with the tenant's agreement, particularly to carry out urgent repairs, improvement works, or to organize visits in case of sale or re-rental. Outside of these situations, any intrusion is strictly prohibited, even in the presence of a spare key.
In practice, this access obligation relies on dialogue and planning. The landlord must notify the tenant in advance, agree on a reasonable time slot, and limit visits to decent hours. Courtesy and transparency avoid most tensions around this sensitive subject.
Legitimate reasons for access to the housing
Several reasons justify the entry of the landlord or a mandated professional into the housing: maintenance work, urgent repairs (water leak, heating breakdown, disaster), standard compliance, or visits related to a sale or re-rental. In all cases, the law imposes the prior consent of the tenant.
Visits for re-rental or sale must be limited to two hours per working day and cannot take place on Sundays and public holidays, unless explicitly agreed. The aim is to reconcile the landlord's property rights with the tenant's peaceful enjoyment.
An organized owner always informs in writing — an email is sufficient — and specifies the nature of the intervention, the planned date, and time. This avoids any ambiguity and serves as proof in case of later disagreement.
Respect for privacy and balancing rights
The law protects the tenant's privacy as a fundamental right. Even if they remain the owner of the accommodation, the landlord cannot freely enter it nor keep keys “for emergencies.” Any violation of privacy can be subject to criminal penalties.
This balance between property rights and respect for the peaceful enjoyment of the tenant relies on trust. A respectful landlord, who communicates in advance and justifies their interventions, maintains a calm and professional relationship.
A clear communication and a shared schedule (for example via a summary email) help to avoid misunderstandings. For technical interventions, it is often recommended that the tenant be present during the visit of a tradesperson. This simple approach promotes transparency and mutual trust.
End-of-lease obligations: preparing for departure
Respect the notice period stipulated in the lease agreement
The end of a rental does not happen overnight. The tenant must notify their landlord within a legal notice period, in order to give them time to arrange for re-renting. This period varies depending on the type of accommodation and the geographical area.
For an empty rental, it is three months, reduced to one month in certain cases (tight area, job loss, transfer, first job, health condition, etc.). For a furnished rental, the notice period is always one month. The request must be formalized by a registered letter with acknowledgment of receipt or delivered by hand against a receipt.
Respecting this notice period avoids conflicts and facilitates the return of the security deposit. An organized departure also allows the landlord to plan visits for future tenants. Tenants who anticipate their departure three to four weeks in advance often maintain better relationships and more easily recover their deposit.
The exit inventory: a key and mandatory step
The exit inventory is an essential document that marks the end of the rental. It serves to compare the state of the accommodation at the time of entry and at the time of departure. This assessment determines if any damages are attributable to the tenant or simply due to normal wear and tear over time.
Jointly carried out by the tenant and the landlord (or a mandated agent), it must be as precise and detailed as the entry inventory. Each room, each fixture, each wall must be carefully observed. In case of disagreement, a bailiff can intervene to draw up an impartial inventory, at shared costs.
A tenant who carefully prepares for this step — complete cleaning, minor repairs, restoring the paint if necessary — demonstrates good faith and maximizes their chances of recovering the full amount of their security deposit.
Restoration and return of the security deposit
Before returning the keys, the tenant must restore the accommodation to a condition consistent with that noted upon entry, excluding normal wear. This includes cleaning floors, repairing minor damages (handles, seals, light bulbs), and putting back furniture if it is a furnished rental.
The landlord then has a period of one month to return the security deposit if everything is in order, or two months if they find damages justifying a retention. These amounts must be justified by precise quotes or invoices.
In practice, disputes over the security deposit represent a significant portion of rental disagreements. To avoid them, it is recommended to document the property with photos when handing over the keys and to request a statement of charges regularization before departure. Good preparation ensures a smooth and tension-free lease closure.
Consequences of breaches of obligations and possible recourse
The risks incurred by the tenant in case of non-compliance with their obligations
Failing to meet legal obligations as a tenant can have serious consequences. Repeated payment delays, lack of maintenance of the housing, or disturbances to the neighbors can quickly escalate into a dispute with the landlord. The law provides several graduated remedies, ranging from simple reminders to lease termination.
When a breach is observed, the landlord can send a formal notice by registered mail. If the tenant does not resolve the issue, legal proceedings may be initiated. In the most serious cases — persistent unpaid rent, major damages, or neighborhood disturbances — the court may pronounce lease termination and the eviction of the tenant.
These situations remain rare. Most conflicts can be avoided through proactive communication. A tenant who informs their landlord of difficulties (financial, technical, personal) will almost always find an amicable solution before resorting to legal proceedings.
Amicable procedures: the role of the Departmental Conciliation Commission
Before taking legal action, the law encourages amicable procedures. The Departmental Conciliation Commission (CDC) plays a central role here. Free and accessible to everyone, it allows most rental disputes to be resolved without a lawyer or formal hearing.
Called upon by either the tenant or the landlord, the CDC brings the two parties together for a meeting to examine the dispute: security deposit, inventory, repairs, or disputed charges. Its objective is to find a balanced agreement, respecting rental law.
In practice, conciliation succeeds in more than 70% of cases. It avoids long delays and the costs of legal proceedings. Participating in good faith in this mediation demonstrates the tenant's willingness to cooperate, which can positively weigh in the case of subsequent litigation.
Judicial remedies as a last resort
If conciliation fails, resorting to the judicial court becomes inevitable. The landlord can bring in a justice commissioner (formerly a bailiff) to establish the facts and initiate action. The judge will then review the case file, written evidence (lease, inventories, receipts, correspondence) and will make a ruling.
Sanctions vary according to the severity of the breaches: payment order, lease termination, eviction, or even condemnation to compensate the landlord for the damages incurred. In all cases, the procedure must respect a strict legal framework and cannot be arbitrary.
For the tenant, it is always better to prioritize prevention: keep a record of payments, report issues in a timely manner, and maintain clear communication with the landlord. In matters of renting, an anticipated dispute is a conflict avoided.
Also discover
