Should the tenant grant a right of access to the landlord?
Verified 05 February 2020 - Directorate for Legal and Administrative Information (Prime Minister)
In some cases, the tenant must allow the landlord access to the rented unit. It is not a right of access per se, but rather a right of access applicable when circumstances so require and under certain conditions.
In case of works
As part of certain works that the tenant must let perform in the dwelling he occupies, the owner can reserve the opportunity to visit the premises accompanied by professionals (architect, craftsman...). This is particularly the case for:
- Improvement work in common or private areas of the same building (installation of a digicode, ...)
- Work required for the maintenance and normal maintenance of the dwelling (faulty flaps, antiquated valves, ...)
- Work to improve the energy performance of the housing (insulation, efficient boiler, ...)
- Work that meets the criteria of a decent housing
- Maintenance of roofs and vegetated facades
Before the work begins, the landlord has the obligation to inform the tenant of their realization. He must address a notification by registered letter with acknowledgement of receipt or hand it to him.
Such notification must include:
- the nature of the work (improvement, emergency, energy performance...)
- and how they are executed (start date, duration, need to access, etc.).
If this work is urgent (example: water heater in winter), the tenant must allow access to his housing for their preparation and their realization. It does not have to allow access on Saturdays, Sundays and public holidays.
The tenant must allow access to his dwelling for the preparation and the realization of the works to the charge of the owner.
However, if these repairs or works last more than 21 days, the landlord must grant him a rent reduction proportional to the duration of the works.
Furthermore, if the works:
- are abusive
- or do not comply with the conditions laid down in the job notification
- or make the use of the dwelling impossible or dangerous,
the tenant may apply to the court of law for protection of the court on which the dwelling depends for:
- prohibition of work undertaken
- or interruption of work undertaken
- or termination of the lease, where the work renders the dwelling uninhabitable.
Who shall I contact
In case of sale or renting
The lease agreement may contain a clause providing that the owner (or his representative, for example a real estate agent) has a right of access when:
- the tenant gives notice (leave),
- or the house is put up for sale.
These visits are aimed at renting the property or selling it.
The conditions of these visits (days, hours) must be determined by mutual agreement between the owner and the tenant. However, such visits may not be organized:
- a holiday,
- nor on Sundays,
- not for more than 2 hours business days..
- Act No. 89-462 of 6 July 1989 on rental reports: Article 4Right of access
- Act No. 89-462 of 6 July 1989 on rental reports: article 7Work
- Decree No. 2002-120 of 30 January 2002 on the characteristics of decent housingDecent housing
- Civil Code: rule 1724Work and rent reduction