Tenant's obligations

In addition to paying his rent and charges, the tenant must maintain his home and insure him.Payment of the rent is a basic obligation, which must be carried out according to the procedures provided for.As for the interview, it is a question of ensuring that the property remains in good condition, which requires him to settle himself the little concerns of everyday life.To this is added the duty to behave in good neighbor, respectful of its environment.So many obligations which must be fulfilled by the tenant under penalty of sanctions.

Rent

Its payment cannot be interrupted by the malfunction of equipment.The main obligation of the tenant is to settle his rent by scrupulously respecting the payment methods decided by mutual agreement with the owner.The rent can be paid in advance or in the long term, monthly, quarterly or according to any other periodicity.The tenant may however require monthly payment, which is right.If the contract provides that the rent will be paid by direct debit, the tenant may change the payment method during the lease.It is indeed an abusive provision.

Payment can only be interrupted if the lessor's breaches make it impossible to use the property.A simple discomfort is not enough, nor the malfunction of equipment.The owner must transmit to the tenant a detailed receipt justifying payment, without being able to require costs in return.Failure to pay the rents automatically leads to the termination of the lease if the latter provides for, failing which the owner must request a judicial termination.

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But, anyway, he will have to seize the district court.Note that spouses or PACS are jointly responsible for the payment of rents.Ditto for roommates and cohabiting cohabits, but on condition that a solidarity clause appears in the lease.

Loads

As for rent, their failure to pay can lead to termination of the lease.Certain expenses returning to the tenant are paid by the owner, who then requests reimbursement.These charges, called "recoverable" or "rental", concern the expenses of energy and water supply, as well as the costs incurred for the maintenance of the common areas.The lessor can claim the payment of these charges in the form of provisions paid in advance and regularized at the end of the year.

As a rule, these provisions are payable monthly, with the rent.Their amount must be detailed using supporting documents.At each annual regularization, the amount paid must be compared with the amount due.Depending on the case, the owner must then either refund the overpayment to the tenant, or claim a supplement of charges.As with rents, the lack of payment of charges may automatically lead to the termination of the lease.

Current maintenance

Most repairs to the tenant are fixed by decree.The maintenance of the accommodation and the equipment mentioned in the contract is the responsibility of the tenant.Concretely, he must take care of small interventions and inexpensive repairs of everyday life.Most of them are listed by a 1987 decree.Examples: cleaning of the boiler heating body, lubricating door hinges, change of small plumbing parts, paint and tapestry fittings, replacement of switches and bulbs, control of the hot water tank ...

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Special case, that of the swimming pool: if it is included in the rental, the tenant must maintain it, even if he does not use it.It is by comparing the inventory of the tenant's arrival and exit that the lessor will appreciate, if necessary, the nature of the material damage caused and the origin of the responsibilities.

Nuisance

Noises, insults or violence are liable to sanctions if the court is seized.Notice to tenants that are not respectful of the tranquility of others: any excessive behavior that can lead to a devaluation of the building or discomfort for others can be considered as a nuisance and, as such, lead to a procedure for terminating the lease.Are targeted as well the insults, violence and strokes carried as the congestion of the common areas by objects which have nothing to do with it or the undue use of a parking space.

Noise can also be sanctioned if it becomes unbearable, at night or day, by its duration or its intensity (watered evenings, barking, etc..)).Please note, the owner can only play the resiliation resiliation clause for breach of the "peaceful" use obligation if it appears in the lease contract.Above all, it is the court and he alone which can assess the excessive nature of the nuisances.

Damage

The tenant is presumed responsible for the degradations that occur during the rental period.His responsibility is however dismissed if he proves that damage is due to force majeure (a hurricane, etc..)), à la faute du bailleur (qui, par exemple, n’aurait pas agi pour éviter le gel des canalisations d’eau)) ou au fait d’un tiers qui se serait introduit sans autorisation dans l’habitation.

This last clarification is important because, if this third party is a person - craftsman or mover - that the tenant brought him home and who caused big damage, his responsibility is engaged, even if he turns against the culprit.Finally, note that the responsibility of the tenant ceases at the expiration of the lease contract and not the delivery of the keys.Thus, the damage occurring during the period, as short as it is, separating these two dates are considered to be its fact.

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Insurance

A certificate must be issued each year to the lessor who requests it.Whether he likes it or not, the tenant must take out insurance against rental risks: fire, water damage, explosion ... In practice, this is the classic multi -risk home.The tenant must present proof to the lessor when he receives the keys, then, each year, on request, give him a certificate.

S’il ne s’exécute pas, le propriétaire peut soit souscrire lui-même une assurance aux frais du récalcitrant (il pourra récupérer le montant de la prime par douzième, à chaque paiement du loyer)), soit faire jouer la clause résolutoire afin d’obtenir la résiliation du bail.If the good is part of a condominium, the lessor must also take out civil liability insurance guaranteeing the damage caused to others.No way to escape it by alleging that it is duplicating with that of the tenant.

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Recoverable expenses 

The tenant is required to reimburse his share of charges to the owner.If it is the lessor who pays the charges first, the tenant must then reimburse him the share corresponding to his consumption of services.This is called "recoverable" charges.Here is the detail.

Tenant's arrangements: what is authorized or not

The tenant has the right to carry out the work he wants if they do not modify the structure or the configuration of the accommodation.Change a radiator, redo the paint, place double glazing, install a bathtub: all this is possible without the need for the lessor's agreement.This will not be the case if it is a question of losing a load -bearing wall, shooting down a partition or deleting a window.

For all lasting transformations, the owner's approval is required (and that of the condominium if the load -bearing walls are affected)).What if the tenant goes by authorization?At the end of the lease, the owner may either require the delivery to the original state, or maintain the modifications made, without granting compensation to the tenant.

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Sub -iled: possible, but with the owner's agreement and within the limit of 120 days per year

A tenant who is absent may have an interest, while paying his rent, to sublet his property.However, it can only do it with the agreement of the lessor, and, in accordance with the law, within the limit of 120 days per calendar year.In addition, the rent applied must not exceed that of the tenant in title. Gare aux sanctions en cas de non-respect de ces règles : le propriétaire, s’il est averti (par un voisin)), sera en droit de faire résilier le bail par un juge et de réclamer au locataire fautif des dommages et intérêts pouvant atteindre 5.Euros.

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