Can a landlord enter a tenant's home? Rights and rules

As a tenant, it is common to wonder about the extent of your rights. One question, in particular, comes up frequently: can a landlord enter a tenant's home without warning? The answer is a strict "no" without your consent, although specific situations may require you to authorize access to the property. Here is everything you need to know to protect your privacy.

Trespassing: What the Law Says

French legislation is categorical: if your landlord enters your home without your explicit agreement during the lease term, it constitutes trespassing (violation de domicile). This act is punishable by a one-year prison sentence and a €15,000 fine.

But what does this protection actually cover? Can a landlord enter a tenant's home by going through the garden or outbuildings? The answer remains no. This prohibition also applies if the landlord attempts to access the apartment or house in your absence. However, the tenant is required to grant a regulated "right of visit" for specific reasons.

Right of Visit: Authorized Situations

The right of visit can be invoked for three major reasons: carrying out work, checking the condition of the property, or organizing viewings for resale or relocation.

Resale or Future Rental of the Housing

If your landlord wishes to sell the property or if your contract is coming to an end, they must be able to organize viewings. However, they cannot impose anything on you on Saturdays, Sundays, or public holidays. Furthermore, these slots must not exceed 2 consecutive hours. The ideal approach is to prioritize dialogue to find a convenient schedule. The landlord may ask for access in your absence, but this strictly requires written authorization from you. Without this document, any intrusion is a criminal offense.

Right of Visit for Work and Repairs

Several types of projects justify access to the home:

• Improvement of common or private areas.

• General maintenance and urgent repairs (plumbing, leaks).

• Optimization of energy performance (insulation, heating).

• Compliance with decency standards.

To exercise this right, the landlord must inform you of the reasons, duration, and terms at least two months in advance. A lack of response to a registered letter may be considered consent. Note that if the work lasts more than 21 days, you are entitled to claim a rent reduction proportional to the inconvenience suffered.

Verification of the Condition of the Property

Some contracts include a clause allowing the landlord to check the condition of the property, often once a year. If you have signed a lease including this obligation, an unjustified refusal may lead the landlord to take the matter to court to enforce the terms of the contract.

Can You Oppose Your Landlord's Right of Visit?

What does a tenant risk in the event of a systematic refusal? The landlord will generally start a procedure by sending a registered letter with acknowledgment of receipt. If the stalemate persists, they can take legal action. In the event of proven prejudice (such as an aborted sale due to your refusal), the landlord is entitled to claim damages via a bailiff.

Colonies' Advice: Prioritize Agreement and Dialogue

In summary, the question "can a landlord enter a tenant's home" finds its answer in mutual respect: never without agreement, but never without reasonable cooperation. To guarantee a peaceful relationship, Colonies promotes a human vision of the landlord-tenant relationship.

In all our coliving solutions, we include a Residence Manager. Their role is essential: easing tensions, resolving daily issues, and establishing a climate of trust between the occupants and the owner. Join the Colonies community to benefit from modern housing where everyone's rights are respected and protected.