Can a tenant stop paying rent?
The tenant is obliged to pay all rents until the end of his rental agreement and on the agreed terms. Thus, even if the tenant feels that the dwelling is not compliant and requires work, he must not stop paying the rent.
In case of non-payment, what are the risks incurred by the tenant?
If the tenant does not pay his rent due to a dispute with the landlord, he may incur sanctions. Indeed, most rental contracts include a clause that provides for the termination of the lease in case of default and non-payment of rents. Thus, the main sanction imposed is the termination of the rental agreement. The lessor may also involve a bailiff.
If the tenant has a deposit from a third party, the landlord can turn directly to the deposit to be paid.
If the tenant receives housing assistance (APL), the landlord may, therefore, report and claim the payment of rents from the organization (after 2 uncollected rents). The organization may also take action against the tenant.
If the landlord decides to go to court, the court may order a termination of a rental agreement and the payment of all unpaid rent, within a specified period.
If the tenant has a deposit from a third party, the landlord can turn directly to the deposit to be paid.
If the tenant receives housing assistance (APL), the landlord may, therefore, report and claim the payment of rents from the organization (after 2 uncollected rents). The organization may also take action against the tenant.
If the landlord decides to go to court, the court may order a termination of a rental agreement and the payment of all unpaid rent, within a specified period.
- Article 7 of Law No. 89-462 of 6 July 1989 provides that the tenant is obliged to pay rent and recoverable charges under the agreed terms.
- The judgment of the Court of Appeal of Douai of 3 June 2004 confirms that the tenant cannot rely on the payment of rent.
- The judgment of the Court of Appeal of Toulouse of 15 November 2005 evokes the lack of foundation on the part of the tenant to invoke the exception of non-performance.
In what exceptional case can the tenant not pay his rent?
However, there is a case where the tenant is exempt and does not allow him to be sanctioned: when the housing is indecent, uninhabitable (unhealthy, problems threatening the health of the occupants, strict impossibility to live in the premises, etc.). For the dwelling to be considered uninhabitable:
- The accommodation has high humidity, that he has fallen ill from it
- The accommodation is devoid of heating or hot water, the devices are not up to standard
- The dwelling is declared uninhabitable by an expert due to: extreme humidity, a dangerous installation (electricity), a risk of electrocution or fire, insufficient heating
What solutions to settle this dispute with its owner-lessor?
When a dispute is between the landlord and the tenant, there are remedies:
- For unfurnished accommodation, it is possible to refer the matter to the Departmental Conciliation Commission (CDC) which is responsible for settling the dispute and finding an amicable solution. Calling on this Commission is completely free, and it allows you to meet the landlord in the presence of a conciliator. It is sufficient to send a registered letter with acknowledgment of receipt with the contact details of each party and the subject of the dispute.
- In the context of a dispute, it is possible to refer the matter to the magistrate in order to deposit the rents on a blocked account at the Caisse des Dépôts et Consignations. In this case, the tenant continues to pay the rents but the landlord does not collect them.
- It is quite possible to apply directly to the district court to take legal action.
Can the tenant receive rent compensation?
In some cases, the tenant may receive rent compensation. This is particularly the case if the tenant makes an advance of the repair costs that are the responsibility of the owner (example: the shutter is broken, the tenant calls on a repairer who explains that it is due to obsolescence).
Can the tenant terminate the rental agreement?
The non-decency of the housing, the dangerousness of its presence in the housing or other case of force majeure is a reason for stopping payment but also for breaking the rental contract. The tenant must inform the owner of the situation before his departure and send a formal notice to carry out the work.
> What are the obligations of the owner-lessor?
> What are the obligations of the tenant of a furnished rental?
Ce qu’il faut retenir :
- The tenant is obliged to pay all rents until the end of his rental agreement and on the agreed terms. Thus, even if the tenant feels that the dwelling is not compliant and requires work, he must not stop paying the rent.
- If the tenant does not pay his rent due to a dispute with the landlord, he may incur sanctions.
- However, there is a case where the tenant is exempt and does not allow him to be sanctioned: when the housing is indecent, uninhabitable.
- In some cases, the tenant may receive rent compensation.
- The non-decency of the housing, the dangerousness of its presence in the housing or other case of force majeure is a reason for stopping payment but also for breaking the rental contract.
You want to
to sell in Paris or its surroundings ?
Contactez-nous
Posted on 30/06/2023 by
Andy LECUYER
