Who is responsible for the damage to a dwelling being rented?

Examples of damage

Neglect or lack of maintenance of the dwelling can be the cause of the following deterioration:

• Hole or stain on walls
• Depressed door
• Burned carpet
• Wooden floor damaged

Liability

The damage caused by the tenant, due to his negligence or lack of maintenance of the accommodation, is his responsibility.

Indeed, the tenant must make the leasehold works and repairs during the lease.

The tenant is also responsible for damage caused during the lease by the following people:

• Person who habitually resides with him in the dwelling
• Or anyone they host or invite
• Or a person who intervenes on a case-by-case basis (for example, a craftsman or other professional contracted to carry out work)
• Or sub-tenant

In order not to be considered liable, the tenant must demonstrate by any means that he is not responsible for the damage (this is the case, for example, when a major repair to the owner is the cause of the deterioration).

Examples of damage due to age

Aging refers to natural wear and tear due to normal and prolonged use of the dwelling, such as:

• Paintings whose color has passed
• Worn floor coverings

Liability

The damage caused by the dilapidated are at the owner's expense, even if the necessary repairs are on the list of rental repairs.

To distinguish between damage due to dilapidation (the owner's responsibility) and damage (the tenant's responsibility), the landlord and the tenant may decide to apply a dilapidation grid.

This grid defines a theoretical lifetime and an annual reduction coefficient for the main materials and equipment of the dwelling. These elements (theoretical lifetime and coefficient) are used to vary the price to be paid by the tenant for rental repairs, depending on how long the tenant has occupied the dwelling.