Calling on a lawyer for a dispute with a landlord

The relationship between landlord and tenant is never free from disagreement. A disagreement that drags on inevitably leads to litigation. The services of a lawyer are invaluable in asserting your rights and protecting your interests as a tenant. The legal expert will provide you with all the support you need if the case ends up in court. How can you get out of a conflictual relationship with your landlord?

What are the landlord’s obligations to the tenant?

Maintenance, preservation of the condition of the premises and peaceful enjoyment of the property are among the landlord’s obligations.

Ensuring peaceful enjoyment of the property

Article 1854 guarantees the tenant peaceful enjoyment of the premises. The landlord must ensure that there is no disturbance of any kind. In this respect, he cannot remain indifferent to a resident of his building who suffers damage because of another tenant. He notifies the person responsible in writing at and remedies the situation.

If the landlord fails to act, the victimized tenant can take the matter to the Tribunal Administratif du Logement (TAL) for compensation. He can ask for the lease to be terminated, claim damages or obtain a rent reduction.

Furthermore, the landlord cannot intervene in a disturbance caused by a person beyond his or her control (guest, resident of the neighboring building, letter carrier, etc.).

Provide a dwelling in excellent condition

The rented property is delivered fully equipped on the agreed date. It is therefore essential to agree on a date for the tenant to move in.

The property is fully equipped for its intended use. The premises are clean and habitable. If necessary, the owner carries out repairs and maintenance work to correct equipment malfunctions.

Undertake necessary repairs

Throughout the term of the lease, the landlord carries out major repairs (roofing, siding, etc.) essential to the habitability of the property.

Failure to do so opens the door to legal proceedings. On the one hand, the tenant can apply to the TAL to demand the repairs. The court will then charge the costs to the defaulting landlord. It will also dictate the conditions under which the work is to be carried out, and the final amount to be paid by the landlord.

On the other hand, the tenant can carry out the work without the landlord’s approval:

• • if he has informed the owner and tried to convince him of the need for the work;

• • if he has observed the owner’s inaction;

• • if he has given notice of the urgency of the work.

The cost of repairs will be reimbursed or deducted from the rent.

Please note: the landlord will not reimburse the cost of consumables such as light bulbs.

1. 1. Bulbs and light fittings: Replacement of damaged or burnt-out bulbs and light fittings is generally the tenant’s responsibility.

1. 1. Batteries: If devices or detectors require batteries, replacement is usually the tenant’s responsibility.

1. 1. Filters: Filters for heating, ventilation and air-conditioning systems must be replaced regularly, and this is usually at the tenant’s expense.

1. 1. Routine cleaning: The cost of routine cleaning of the apartment, such as sweeping, vacuuming and mopping floors, is generally the responsibility of the tenant.

Guaranteeing the use of the apartment and preserving its purpose

The landlord guarantees the habitability of the property. He ensures that the dwelling is used for its intended purpose for the entire term of the lease. However, this responsibility may be mitigated if the tenant fails to inform the landlord of any deterioration causing the dwelling to be unfit for habitation.

The obligation to preserve the purpose of the dwelling means that it is impossible to change its physical form (modifying the subdivision of the dwelling, the layout of the rooms, etc.). This obligation prohibits any change in the dwelling’s vocation (e.g. transforming a residential building into a commercial building).

Furthermore, the French Civil Code prohibits the landlord from receiving any sum other than the rent. A security deposit is therefore prohibited by law.

What are the tenant’s obligations to the landlord?

Signing a lease also commits the tenant to a number of responsibilities.

Making monthly rental payments

According to article 1903 of the C.c.Q., the tenant’s first obligation is to pay the rent each month on the agreed date (unless otherwise stipulated in the lease). Once the payment date has passed, the tenant is considered to be in arrears. Failure to do so entitles the landlord to apply to the TAL to demand the agreed sum.

If the tenant fails to react within 3 weeks of receipt of the notification, the landlord may terminate the lease.

Adopt good behavior

The tenant must use the property with prudence and reason. This obligation encompasses 2 responsibilities:

• • to carry out certain work stipulated in the lease, except for damage caused by another person;

• • inform the owner of any damage to parts of the dwelling.

The tenant may not disturb the peaceful enjoyment of the premises of other tenants in the building. He is therefore liable for the actions of his dependents. The landlord can even apply to the TAL for termination of the lease, or even eviction, on the grounds of disturbance of the other tenants’ enjoyment of the premises.

What are the most common disputes with landlords?

A healthy, stable relationship between landlord and tenant is based on mutual respect for duties. Disputes arise when one party fails to fulfill its obligations.

Unpaid rent

Unpaid rent remains an eternal source of conflict between the 2 parties, bearing in mind that the tenant must pay his rent on the^{1st of} the month (with the exception of a date specified in the lease). Nevertheless, the law tolerates a delay caused by serious prejudice (such as loss of income or financial destabilization), if the tenant provides proof of his financial situation.

Under article 1883, the tenant can avoid termination of the lease for non-payment of rent if he pays his rent plus expenses and interest.

Noise disturbance

The victim of a noise disturbance can take recourse against his landlord if, after a formal notice, the latter remains indifferent to the situation. The tenant can demand a reduction in rent and claim damages.

However, the landlord cannot be held responsible for a disturbance caused by a third party beyond his control. In this case, he must prove his innocence in court. The court will analyze the context and decide what action to take.

In a noise disturbance case, the court pays particular attention to the nature of the noise, and only condemns “abnormal” nuisances.

Landlord harassment

According to the TAL, harassment is defined as repetitive words and actions intended to restrict a tenant’s right to enjoy the premises, with the aim of inducing him or her to leave the dwelling. Excluded from this definition are frequent disputes due to a difference of opinion or a personality conflict.

A rental dispute caused by harassment is subject to careful scrutiny in order to identify the landlord’s actual conduct. The tenant can back up his or her claims with evidence in court, thus confirming the landlord’s illegitimate strategies to obtain his or her departure.

The tenant’s sudden departure

Article 1975 states that the lease is terminated if, without apparent cause and without informing the landlord, the tenant leaves the dwelling with his or her personal belongings. The contract is then terminated if the tenant fails to meet his obligations, in particular the payment of rent.

The final decision rests with the TAL. However, the 2 parties can defend themselves with the help of a real estate expert.

What can I do if I have a dispute with my landlord?

Communication remains the best way to resolve a dispute. The complainant can, however, resort to a legal solution if dialogue fails.

Calling on the TAL

Tenants can ask the TAL (or Régie du Logement) to intervene. This qualified body handles negotiations to get the landlord and tenant out of litigation.

The complainant can ask the TAL :

• • a rent review;

• • lease termination;

• • respect for his right of peaceful enjoyment;

• • compliance with repair and maintenance obligations.

The assistance of a real estate lawyer is invaluable in representing your client, helping you prepare your case and protecting your interests.

Conciliation

The TAL also offers a conciliation service that opens the way to dialogue in the presence of a conciliator. The legal procedure has the advantage of being confidential, rapid, voluntary and free of charge. It begins with the filing of a request for conciliation in order to obtain a meeting.

If conciliation fails, the last resort is arbitration. This method mandates the intervention of an arbitrator (who may be a lawyer).

How do I choose a lawyer to get out of a dispute with my landlord?

At every stage of the legal process, the presence of a lawyer is essential, but how do you find an expert worthy of the name?

Find the best real estate lawyer

Start your search with friends and family. Ask someone you know who has already used the services of a real estate lawyer. Their feedback will make your job easier.

Word of mouth is also an effective way of finding the right lawyer.

Online tools are also a great help. Opinions in forums, online firms and digital directories are full of expert contacts.

Study the lawyer’s area of expertise

Next, analyze the expert’s areas of predilection and make sure that real estate law is in his or her repertoire of skills.

Recurrent cases forge the expertise of the representative of the law. Choose a lawyer who has resolved a rental dispute and handled a case similar to yours.

Conclusion

Real estate appraisal, legal assistance, protection of your rights: these are the reasons to call on a lawyer specialized in real estate law. His presence will enhance your chances of success and get you out of a rental dispute as quickly as possible.