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04/04/2024
All products
France

Can a landlord enter their tenant's home?

As a tenant, you are never 100% sure of your rights. For example, do you know if your landlord has the right to enter your home?

The answer is no, if they do not have your consent, but several situations may require this visit. We'll explain this in more detail.

Can a landlord enter their tenant's apartment without their consent?

The law is very clear on this point, if your landlord enters your home without your consent during the term of your lease, this constitutes a violation of your home. They may then face a one-year prison sentence and a fine of €15,000 if you file a complaint.

But what type of violation is concerned in the context of this law? For example, can a landlord enter their tenant's garden or external outbuildings? The answer is no! Similarly, if they try to enter the apartment or house in the tenant's absence.

However, as a tenant, you are required to grant your landlord the right to visit, which can be exercised for various reasons.

Right to visit: different situations where it can be exercised

A landlord's right to visit can be invoked in different cases: for work, to check the condition of the property, and to conduct visits for resale or re-rental purposes.

The landlord's right to visit for resale or future rental of the property

If your landlord wants to sell their property, or if your lease is about to expire, they must be able to arrange visits for potential buyers or tenants. However, they cannot impose visits on Saturdays, Sundays, or public holidays. Moreover, these visits should not exceed 2 hours when multiple potential tenants or buyers succeed each other.

It's best to discuss with the landlord to find a timing that suits both parties. For more convenience, they may also ask for access to the property during your absence.

If you agree, this request and your validation must be in writing. If they conduct visits in your absence without your prior consent, it is a criminal offense.

Right to visit for repairs and maintenance

There are several types of work that may require a right of access:

  • Improvement work for common or private parts of a building.

  • Work for the maintenance and general upkeep of the property (repairing plumbing, water leaks, toilets, etc.).

  • Improvement work for energy performance (insulation, installation of new equipment).

  • Work to meet current decency standards for housing.

But again, to exercise their right of access to the property, the landlord must have your permission. They must also specify the specific reasons for the work, their duration, and their terms at least 2 months in advance.

Usually, the request is made by registered letter or directly by hand. For the registered letter, a lack of response from you is equivalent to consent.

If you wish, you can refuse access to your property on Saturdays, Sundays, and public holidays.

Moreover, if the work lasts more than 21 days, you are entitled to claim a rent reduction corresponding to the damage.

Right to visit to check the condition of the property

Some landlords include a clause in the lease requiring an annual inspection of the property. This is a practice that is not common but exists.

If you have signed a lease containing this obligation and you still refuse access to your landlord, they may take you to court to enforce the terms of the contract you signed.

Is it possible to oppose the landlord's right to visit?

What happens if you refuse your landlord's visit?

According to the usual procedure, they will send you a registered letter with acknowledgment of receipt to remind you of your obligations as a tenant.

If you still do not respond to their request, they can then go to court. In the event of a dispute and proven prejudice due to your refusal of their right to visit (a failed sale, for example), they are entitled to seek damages through a bailiff.

Colonies' advice: prioritize understanding and dialogue

A landlord can never enter your rental property (during the term of your lease) if you have not authorized it. However, you still have obligations to them that it is preferable to respect. Indeed, for the well-being of all, everything must be done to ensure a respectful relationship of everyone's rights.

This is a vision of the landlord-tenant relationship that we try to promote through our Colonies platform. Indeed, in all our shared accommodations, we have a Residence Manager. Their role? To ease tensions through dialogue, solve everyday problems, and ensure a peaceful and trusting relationship with the property owner. So, to build the housing of the future together, join the Colonies community and the hundreds of co-livers who already trust us!

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