In general, in a leasing agreement, it is the owner financial backer who deals with the expenses in the event of work of restoration or restoration. But there are also cases which require the participation of the tenant. Usually, its principal obligation is to make any possible sound not to disturb the good continuation of work.
The loads which fall to the financial backer
Within the framework of a leasing agreement, the owner deals with all the financial questions attached to the repair of his building. It is one of its obligations quoted by the regulations relative to this field. One of the provisions in keeping with the hiring states that it is up to the financial backer to look after the building rented in order to make it possible to the tenant to be satisfied with his hiring.
But it has also the obligation to use the building according to its destination envisaged what thus implies that it is the financial backer who must deal with important repairs as long as the contract of lease is put into force. This obligation relates to all types of degradation, even if those are the consequences of a major force.
The burden-sharing is more difficult in certain circumstances what is the case of the outdatedness of the building or certain elements. If they are small elements as the handles of door, the joints, the hinges or the pipes of shower, repairs can be subjected to the load of the tenant. And with regard to a fitted carpet or a wallpaper, there are many criteria to take into account to indicate that which must be occupied some.
In general, there exist various tasks with the load of the financial backer as the control of the roof, bring down, boiler, water-heater, drives out water, carries garden or garage for outdatedness. It is also the case of the wallpaper, of the fitteds carpet but also of the defects of construction.
Obligations of the tenant
Work relating to the usual maintenance of the buildings and installation of the common and privative parts is allocated systematically to the owner. The tenant thus has the obligation to inform it in the event of the problems noted during the period of hiring. There are cases where an individual refuses to regulate his rent for bad condition of the residence. In this case, it is him who will risk a continuation in this field.
In fact, to inform the owner is very important. If this one does not bring essential repairs and wants nothing to know some, it is necessary to send to him a registered letter with acknowledgment of delivery as well as an estimate. Afterwards, it will be able to turn to justice to engage the responsibility for the owner.
But it may be that repairs raise in right of the tenant. The Article 7d of the law of July 6th, 1989 brings precise details on this point by stipulating that it is the tenant who must deal with the usual maintenance of the dwelling. It must also take care of the equipment on the spot, not envisaged by the clauses of the contract.
This rule also mentions that it must also deal with the tenant's repairs issued in Council of State except if deteriorations are caused by defects of construction for example. |
