Use of the dwelling and works by the tenant

Verified 17 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

If you are a tenant, you can freely use the accommodation for the entire duration of the rental. But you must grant the owner or his representative access to your home, that is, give him access to your home, in certain situations. And if you want to do work there, you sometimes have to get permission from the owner or his representative.

The rented accommodation is the tenant's home. Therefore, he has the right to do so exclusive use (he may live there freely) provided he complies with the lease and, if the dwelling is in a condominium, with the rules of the condominium.

Rights of the tenant

The rented accommodation is the tenant's home. The tenant is therefore entitled to develop and use the premises freely. He can also invite or host (free) the people of his choice.

Consequently, the owner is not entitled to:

Please note

The tenant may sublease accommodation on condition to seek and obtain the agreement of the owner.

Use of housing

The tenant must use the accommodation in accordance with its use, as provided for in the rental contract.

For example, the unit may be rented for residential use only. In this case, the tenant is prohibited from exercising a commercial activity there that would involve nuisance in the building (in particular if this activity involves the reception of customers or goods).

If the rented accommodation is located in a condominium, the tenant must comply with the co-ownership rules. These regulations may, for example, regulate or prohibit certain practices, in particular:

  • Extend linen to windows
  • Barbecue
  • Settle vistas on the balconies (canisse, bamboo...)
  • Place flower pots or planters on the windowsills

FYI  

generally speaking, the tenant must use his accommodation in accordance with the tranquility of the neighborhood.

The tenant must allow certain works decided by the landlord to be carried out in his home, including the following:

  • Improvements in the communal and private areas of the same building (e.g. installation of a digital code)
  • Work necessary for the maintenance of the dwelling (e.g. defective shutter)
  • Improvement of the energy performance of the dwelling (insulation work)
  • Work to meet the criteria of a decent housing
  • Maintenance of roofs and green facades

Before the work begins, the landlord must notify the tenant. To do so, he must send her a notification by registered letter with acknowledgement of receipt or hand it to him.

This notification must specify the nature of the work (improvement sought, urgency, energy performance planned...) and the way it will be done (start date, duration, need for access...).

If this work is urgent (for example, the water heater in winter), the tenant must allow access to his accommodation for the preparation and execution of the work. However, it is not obligated to allow access on Saturdays, Sundays and public holidays.

The tenant must allow access to his accommodation for the preparation and execution of the works at the owner's expense.

However, if the repairs or work lasts more than 21 days, the landlord must grant the landlord a rent reduction proportional to the duration of the work.

In some cases, the tenant may use the protection litigation judge the court on which the dwelling depends.

This is the case when the work:

  • are abusive in nature
  • or do not comply with the conditions set out in notification of works
  • or make the use of the dwelling impossible or dangerous.

The tenant can then ask the judge:

  • the prohibition of work undertaken
  • or the interruption of work undertaken
  • or, where the work renders the dwelling uninhabitable, termination of the lease.

The rules are different depending on the work the tenant wants to do:

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Processing work

The tenant has the right to freely arrange the accommodation he occupies (change of carpet, refreshment of wall paintings...).

However, it cannot carry out major alterations to the premises or its equipment without the written agreement of the owner. In case of doubt (for example, if the tenant wants to paint the walls with a garish paint), it is better to ask the owner's permission before doing the envisaged work.

If the lessee carries out alterations to the premises or its equipment without the written consent of the owner, the owner may, upon the departure of the lessee (at the end of the lease):

  • Keep the conversions without compensating the tenant for the cost of the work done
  • Require the tenant to immediately return the unit to its pre-construction condition at the tenant's expense

If the alterations jeopardize the proper functioning of the equipment or the security of the premises, the owner may demand the immediate restoration of the premises, at the expense of the tenant.

In the event of a dispute as to the nature of the work (simple alteration or conversion), refer the case to the protection litigation judge.

Adaptation work (disability, loss of autonomy)

The tenant with a disability or in a situation of loss of autonomy (e.g. elderly person) may, at his own expense, make adjustments to the accommodation.

Upon departure from the tenant (at the end of the lease), the landlord cannot require the tenant to return the home to the condition it was in before this work.

Nature of work

This may include:

  • Create, delete, or modify partitions or doors inside the dwelling
  • Modification of the fitting-out or equipment of water bodies (kitchen, toilet, shower room)
  • Create or modify electrical or electronic communications outlets and lighting points
  • Installation or adaptation of control systems (in particular control of electrical, water, gas and heating installations, intercom, signaling, switches)
  • Installation of lifts or apparatus for the movement of persons with reduced mobility
  • Installation or modification of closing and opening systems (doors, windows, shutters) and warning systems

FYI  

There is support for this work, including MaPrime Adapt, or a tax credit, or aid from local and regional authorities .

Video: Adapting your home

Before the works

The tenant must send a request to the landlord by registered letter with acknowledgement. In this letter, the tenant must:

  • Describe in detail the proposed changes and the conditions under which this work will be carried out
  • Indicate the company that will carry out the work
  • Write the following sentences: Pursuant to article 7 (f) of Law No. 89-462 of 6 July 1989, as amended, on improving rental relations, renovation work on the accommodation for persons with disabilities or loss of autonomy or energy renovation work may be carried out at the expense of the tenant. This work shall be the subject of a written request by registered letter with a request for notice of receipt from the lessor. Failure to reply within two months from the date of receipt of the request shall constitute a decision of acceptance by the lessor. When the tenant leaves, the landlord cannot demand the restoration of the premises.

The tenant can use this document template:

Seek the owner's permission to make accommodations to the disability or loss of autonomy

Owner Response

After receiving the application from the tenant, the landlord 2 months to answer. Failure to reply within this period shall be deemed to constitute agreement.

During these 2 months, the owner can:

  • Indicate to the tenant that he accepts the work and the conditions under which it is planned
  • Indicate to the tenant that he wishes to have the work done at his own expense within a period that cannot be more than 1 year
  • If the judge refuses the work or the conditions under which it is planned, the matter must be referred to the judge for a serious and legitimate reason.

FYI  

Where the work affects the main work of the building, the owner may require that it be done under the direction and control of a person skilled in the art (e.g. an architect) designated with his agreement. When the landlord refers the matter to the judge, the judge designates the person.

The tenant may have the work done when:

  • The owner has not responded within the 2-month period,
  • The owner agreed within 2 months
  • The owner, who had committed to having the work done, did not respect the deadline of a maximum of one year
  • The judge ruled against the owner, who refused the work or the conditions under which it was planned
After the works

Within 2 months after the completion of the work, the tenant must certify to the owner:

  • That the intended company is indeed the one that intervened
  • And that the work carried out is indeed that which has been notified and authorized.

Energy renovation works

The tenant can do energy retrofits of the house, at his own expense.

Upon departure from the tenant (at the end of the lease), the landlord cannot require the tenant to return the home to the condition it was in before this work.

Nature of work

This may include:

  • Insulation of low floors
  • Insulation of attic and attic ceilings
  • Replacement of exterior carpentry
  • Sun protection of glass or opaque walls
  • Installation or replacement of a ventilation system
  • Installation or replacement of a heating and domestic hot water production system and associated interfaces

This work must respect the thermal and energy standards of existing buildings.

But they must not affect the structure of the building, its external appearance, modify its destination or be subject to an administrative authorization (prior declaration, building permit, etc.). Where the dwelling is situated in a collective building, they must also not affect the common areas or the elements of common equipment.

FYI  

There are aids for financing energy renovation works.

Before the works

The tenant must send a request to the landlord by registered letter with acknowledgement. In this letter, the tenant must:

  • Describe in detail the proposed changes and the conditions under which this work will be carried out
  • Indicate the company that will carry out the work
  • Write the following sentences: Pursuant to article 7 (f) of Law No. 89-462 of 6 July 1989, as amended, on improving rental relations, renovation work on the accommodation for persons with disabilities or loss of autonomy or energy renovation work may be carried out at the expense of the tenant. This work shall be the subject of a written request by registered letter with a request for notice of receipt from the lessor. Failure to reply within two months from the date of receipt of the request shall constitute a decision of acceptance by the lessor. When the tenant leaves, the landlord cannot demand the restoration of the premises.
Owner Response

After receiving the application from the tenant, the landlord 2 months to answer. Failure to reply within this period shall be deemed to constitute agreement.

During these 2 months, the owner can:

  • Indicate to the tenant that he accepts the work and the conditions under which it is planned
  • Indicate to the tenant that he wishes to have the work done at his own expense within a period that cannot be more than 1 year
  • If the judge refuses the work or the conditions under which it is planned, the matter must be referred to the judge for a serious and legitimate reason.

FYI  

Where the work affects the main work of the building, the owner may require that it be done under the direction and control of a person skilled in the art (e.g. an architect) designated with his agreement. When the landlord refers the matter to the judge, the judge designates the person.

The tenant may have the work done when:

  • The owner has not responded within the 2-month period,
  • The owner agreed within 2 months
  • The owner, who had committed to having the work done, did not respect the deadline of a maximum of one year
  • The judge ruled against the owner, who refused the work or the conditions under which it was planned.
After the works

Within 2 months following completion of the work that the tenant has done, he must certify to the landlord:

  • That the intended company is indeed the one that intervened
  • And that the work carried out is indeed that which has been notified and authorized.

Who can help me?

Find who can answer your questions in your region

  • Departmental Agency for Housing Information (Adil)

  • Telephone administrative information - Allo Public Service

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