Decent rental accommodation - Overseas

Verified 28 juin 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

  • The accommodation is located overseas
  • It's a roommate
  • All roommates sign a joint lease
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Please note

Overseas here means Guadeloupe, French Guiana, Martinique, Reunion, and Mayotte.

A rental unit must have a minimum surface area. The minimum area differs depending on whether the accommodation is rented or rented colocation.

The rule varies depending on whether there is a single lease or whether each roommate has signed a lease.

The housing must respect a minimum surface area. This is one of the criteria for decent housing.

The dwelling must include at least 1 main room having:

  • Let's say one living space of at least 9 m² and a ceiling height of at least 2,20 m
  • Let's say one habitable volume of at least 20 m³.

Departmental Health Regulations (DHR) may impose more restrictive conditions. To consult it, you can contact your city hall.

Warning  

So that roommates can be entitled to personal housing assistance, housing must have a living space at least 16 m² for 2 roommates. For each additional roommate, an additional 9 m² is needed, up to a limit of 78 m² for 8 people and more.

From 2028, only a dwelling belonging to Classes A to F of the DPE: titleContent may be leased with a residential lease (including for renewal or tacit renewal).

From 2031, only a dwelling belonging to classes A to E of the DPE: titleContent may be leased with a residential lease (including for renewal or tacit renewal).

The accommodation shall comply with the following conditions:

  • The accommodation provides enclosed and covered. The main structure of the dwelling and its accesses is in good condition of maintenance and solidity and protects the premises against runoff and upwelling. The exterior carpentry and the cover with its fittings and accessories provide protection against water infiltration into the dwelling. With regard to water infiltration, account may be taken of the climate specificities of the department.
  • Personal restraint systems (window guardrails, stairs, loggias and balconies) located in the dwelling and in its accesses are in a state in accordance with their use.
  • The nature, state of conservation and maintenance of building materials, pipes and coatings housing do not present any obvious risks to the health and physical safety of tenants (in particular asbestos).
  • Networks and electricity and gas connections comply with safety standards and are in good working and working order.
  • The equipment of heating and hot water production comply with safety standards and are in good working and working order.
  • The accommodation allows a aeration sufficient. The opening devices and any ventilation devices of the housings are in good condition. In addition, they allow air renewal and moisture evacuation adapted to the needs of normal occupancy of the housing and to the operation of the equipment.
  • The main parts (intended for stay or sleep) have a natural illumination sufficient and one door opening to the open air, or on a glazed volume giving the free air.

FYI  

A room in the basement cannot be offered for hire.

Housing that is the subject of a safety order or an order to deal with unsanitary conditions cannot be considered as decent housing.

Decent housing is housing that is not infested by pests (e.g. rats) or parasites (e.g. bed fleas, cockroaches).

The accommodation shall include the following equipment and comfort elements:

  • A drinking water supply system. It must allow, inside the dwelling, distribution with sufficient pressure and flow rate for the normal use of its tenants.
  • Facilities for the evacuation of sewage. These installations must prevent the discharge of odors and effluents. They must have a siphon.
  • A kitchen or a kitchen area enabling the installation of a cooking appliance and comprising a sink connected to an installation for supplying cold water and to an installation for discharging waste water.
  • A sanitary facility inside the housing. It must include a toilet, separate from the kitchen and the room where meals are taken. There must be personal toilet equipment with a bathtub or shower, arranged to ensure personal privacy, supplied with cold water and provided with a sewage outlet. But, in the case of a single-room dwelling, the sanitary installation may be limited to a toilet outside the dwelling, provided that this toilet is located in the same building and easily accessible.
  • An electrical grid. It must provide adequate lighting for all rooms and accesses. It must allow the operation of everyday household appliances essential to daily life.
  • Where climatic conditions so warrant, an installation enablingnormal heating. It must be fitted with devices for supplying energy and removing the products of combustion. It must be adapted to the characteristics of the dwelling. However, these provisions apply only if the climatic conditions justify them.

Please note

To be considered furnished, the dwelling must contain at least some furniture.

The landlord (or real estate agency) must provide the tenant with decent accommodation.

Warning  

The tenant must not under any circumstances stop paying all or part of his rent on the pretext that the landlord does not respect his obligations.

If the dwelling is not decent, the tenant must indicate to the owner (or the real estate agency) the signs of non-compliance of the dwelling with the criteria of decency. It is recommended to do so in writing, and to send this letter by registered mail with notice of receipt. To do this, he can use this letter template:

Report to the landlord (landlord or real estate agency) the indecency of the rented accommodation

Depending on the department where the dwelling is located, the tenant can report signs of indecency of the dwelling on Histology, in order to obtain support from the State services in its approach to the owner (or the real estate agency):

History: to report to state services signs of indecency of rented housing

The rest depends on the response of the owner (or real estate agency):

Répondez aux questions successives et les réponses s’afficheront automatiquement

The owner recognizes the signs of indecency

The tenant must have the landlord specify, by registered letter with acknowledgement of receipt, the following information:

  • Compliance work that the owner undertakes to carry out
  • Time limits for carrying out this work.

The owner disputes the signs of indecency

The tenant must demand that the owner carry out the compliance work by registered letter with acknowledgement of receipt.

FYI  

When the body paying the housing allowance due to the tenant (or a body mandated to establish indecency) informs the owner of his obligation to bring the housing into conformity, this amounts to a formal notice by the tenant.

After 2 monthsif the formal notice has not been answered or if the disagreement persists, the tenant (or landlord) may refer the matter to the court registry of the court on which the accommodation depends.

Who shall I contact

FYI  

But the tenant or the landlord (or the real estate agency/notary) can choose to engage in a conciliation beforehand by contacting the departmental conciliation commission.

If the judge finds that the dwelling does not meet the standards of decency, he can determine the work to be done and the deadline for doing it. It can reduce the amount of rent or suspend, with or without consignment, its payment and the duration of the lease until such time as the work is carried out.

But the judge can't order measurement to meet a maximum final energy consumption threshold where 2 conditions the following are combined:

  • The unit is part of a condominium
  • The owner demonstrates that, although he proposed at a general meeting that work be carried out in the common areas or on the common equipment be co-owned, and that, despite carrying out work in the private areas, he was unable to achieve a level of energy consumption below the maximum threshold.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

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      For more information on this topic, you can contact Allô Service Public.

      Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.

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    • Request a call

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    • service

      The informants who answer you belong to the ministry in charge of housing and city planning.

  • Info housing undignified (unsanitary, dangerous...)

    An advisor from a departmental agency for information on housing (Adil) explains the steps to be taken if you live in an undignified housing (unhealthy, in danger...) or if you are aware of such a situation.

    By telephone

    0 806 706 806

    Open from 9am to 12pm and 2pm to 5pm

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