Presentation: The law called SRU, dated December 13, 2000, amended Article 6 of the Act of July 6, 1989 and section 1719 of the Civil Code, building on the lessor's obligation to deliver housing Decent. It is not only residential leases, but also mixed-use leases that are concerned (Supreme Court, 3rd Civil Chamber, May 4, 2010). The criterion is the destination of the local: if it is the tenant's primary residence, then the obligation exists automatically without the need for special provisions in this regard. The acceptance by the tenant of the residential status does not relieve the landlord of its obligation to deliver. This requirement is part of a general trend in favor of the tenant. In addition to the laws of July 6, 1989 and May 31, 1990, it is noted that the Constitutional Council has devoted, in a decision dated January 19, 1995, the right to adequate housing as a constitutional goal. It is necessary to examine the content of the right to adequate housing (I) and the consequences of its violation (II)
I - The content of the right to decent housing
A) The legal obligation
Under Article 6 of the Act of July 6, 1989, accommodation can not let it show "obvious risks that could endanger the physical safety or health" and must be "with the elements making it consistent with the use of housing ". This is to ensure comfort and a decent minimum for the benefit of the tenant.
Therefore, it is stated that, in general the accommodation itself must be in good repair and use. This requirement applies to all the facilities housing is filled with words and is brought to lease.
Since no legislation nor does a regulatory definition of the concept of "housing" must then refer to the case of premises used as main house, the list of conditions established by the decree of January 30 2003. The latter makes a distinction between protecting the physical safety and health of the tenant on the one hand, and obligations to taking pieces of equipment and comfort the other.
In any case, the decree provides that housing is the subject of a notice of inadequacy or danger can not be regarded as decent housing.
The housing must ensure the safety and health of the tenant
To do this, housing must ensure:
Þ The enclosed cover
Þ The condition, in accordance with normal use of the devices maintained
Þ Lack of risk posed to the safety or health of the nature and state of conservation and maintenance of building materials, pipes and coatings housing
Þ Good condition and compliance with statutory and regulatory networks and connections of electricity and gas and heating equipment and hot water
Þ Adapting to the needs of a normal occupancy of opening devices and ventilation adapted to the needs of a normal occupancy of housing
Þ A sufficient natural light
The housing must ensure the good condition of the elements of comfort and equipment
The technical aspects are specified by the decree and tend to provide both adaptation to housing characteristics, as the needs of normal use and compliance with regulations.
Since this is the danger to be prevented, an installation no longer meet current regulations by the tenant does not confer the right to require it to meet, without proof of dangerousness (CA Paris, 6th ch. B March 27, 2003).
Items of equipment and comfort concerning the drinking water supply, electricity, heating, sanitation, kitchen or kitchenette.
B) The exemption conventional
The law provides a place for freedom of contract, stating that the landlord can get rid of this obligation. In this case it is the tenant must provide the necessary work but the parties are providing for rent reduction.
However, the parties can not freely agree that the tenant in exchange for lower rents, perform or carry out the work will be up to standard of comfort and livability. The High Court has recently reiterated (Cass.civ3ème, February 3, 2010) that this work can not be charged to the tenant, even with a counterparty. The law thus operates a sorting obligations derogable and non-derogable, without which the housing will be decent.
These particular works are listed by the Decree of March 6, 1987 and include:
Þ The provisions concerning the composition and size of rooms, such as living accommodation, that is, excluding the kitchen, 9m2 or 12 m2 in the presence of a kitchen, the ceiling height is usually at least 2, 20m
Þ the existence of opening to the outside of the building for ventilation and lighting
Þ permanent water supply as well as electricity (if gas)
Þ there is a shower room and separate water closet
Þ that of a kitchen or a corner set up to receive a cooking appliance
Þ infiltration or absence of upwelling
Þ absence of serious lack of maintenance in housing, with the main structure (walls, roofs, stairs, floors, balconies) in good condition and tight coverage.
II - The penalties for violation of the right to decent housing
What can the tenant?
Þ Ask compliance
Article 20-1 of the Act of July 6, 1989 provides for a request to that effect.
Failing agreement, the tenant may apply to the judge who will determine the nature of work and their time frame, possibly subject to a penalty (CA Lyon, 8 ch., June 30, 2009)
Þ get rent reduction or suspension of the payment
On the basis of the same article the tenant can go to court to request the reduction of the rent or suspend, with or without logging, the payment and the lease until completion of the work ordered. Before the Act of July 13, 2006, the reduction of judicial rents could not intervene in default of works required (Cass. civ. Third, Feb 20. 2008).
It may also raise the absence of cause (under section 1131 of the Civil Code) and uphold the exception of non-performance. In a decision dated April 28, 2009, the Supreme Court held that the obligation to pay rent is not due until the home was unsafe and unfit for its intended purpose.
Þ Termination of the lease, unilateral or judicial
Finally, the tenant can terminate the lease unilaterally, by observing the legal notice period of three months. The possibility of a judicial termination for default is left to the discretion of the judge.
07/27/2011
