Maintenance and Repairs who does what ?

Tenants and Lessors

15 Dec 2023

Photo by @vitaliy498851957

In France, the terms "maintenance" and "rental charges" refer to specific aspects related to real estate leasing. These elements are defined within the framework of the obligations and rights of both the tenant and the landlord, primarily addressing expenses associated with the use and upkeep of the dwelling.

1. Maintenance 🧹🔧:
   "Maintenance" generally refers to the maintenance and repair work that falls under the tenant's responsibility during the lease period. These are routine tasks aimed at keeping the accommodation in good condition, such as interior painting, bulb replacement, regular cleaning, etc. The specifics of these responsibilities may vary based on the terms outlined in the lease agreement. In general, however, the tenant is obligated to care for the property as if they were the owner during the lease period.

2. Rental Charges 💡💦:
   "Rental charges" encompass additional fees associated with occupying the dwelling. These charges often include costs related to maintaining common areas in a building (such as corridor lighting, cleaning of common spaces, etc.) and may also cover certain services, like waste management, maintenance of green spaces, or expenses related to water and electricity in common areas.

   It is common for the lease agreement to specify the allocation of these charges between the tenant and the landlord. Typically, the tenant pays a monthly provision for these charges, which is later adjusted at the end of the year based on actual incurred expenses. In the context of a seasonal lease, mobility lease, secondary residence lease, or under the civil code, charges are generally fixed (and therefore not adjusted).

   It is crucial for the parties involved to fully understand these terms and their implications when drafting the lease agreement. This helps clarify the respective responsibilities of the tenant and the landlord regarding maintenance and rental charges, contributing to a harmonious and transparent cohabitation. 🏡✨

3. Repairs 🛠️:
   "Repairs" refer to the necessary work to maintain the dwelling in good condition for proper use. Unlike maintenance, repairs address elements that do not result from the normal wear and tear of the property. For instance, replacing a faulty lock, repairing a water leak, or unclogging drains are generally the responsibility of the tenant. However, the nature and distribution of these repairs may also be specified in the lease agreement.

An official list of maintenance/repair responsibilities can be found here.