Landlord Rights: Can They Demand More Than the Security Deposit for Damages?

Tenants in Paris, like Lina, often face challenges regarding security deposits and additional repair costs. Despite laws limiting landlord claims, they can demand more for damages if justified. Lina’s situation highlights the importance of understanding tenant rights under the 1989 law, which protects against excessive charges. While landlords may pursue compensation, amicable resolution is encouraged before escalating to legal proceedings. Seeking assistance from the departmental conciliation commission can help resolve disputes effectively.

Challenges Faced by Tenants in Paris

Lina, a tenant residing in a cozy two-room apartment in Paris’s 18th arrondissement, finds herself in a precarious situation. As she prepares to transition to a larger space, her landlord has unexpectedly demanded an additional payment of 700 euros, on top of the 850 euros security deposit she originally paid. This request came after the exit inventory, where the landlord indicated that repairs were needed. Lina had a hunch that recovering her full deposit would be a challenge, especially after discovering that the process of removing stickers from the walls was damaging the paint. Additionally, she had made several holes in the walls for decor, which contributed to her landlord’s claim.

Understanding Your Rights as a Tenant

What surprised Lina most was the landlord’s right to demand more than the security deposit. To cover the costs of repainting the apartment and filling in the holes, the landlord presented her with a contractor’s quote totaling 1,750 euros—twice the amount of her security deposit. According to the law enacted on July 6, 1989, which aims to enhance relationships between landlords and tenants, the amount a landlord can request in relation to damages is limited. Specifically, it cannot exceed one month’s rent for unfurnished properties and two months’ rent for furnished ones. This law is designed to protect landlords against potential losses related to damage, maintenance issues, and even unpaid rent.

Despite the law’s provisions, landlords can still seek additional payments through legal means if necessary. Lina pondered whether the security deposit was intended to cover all repair costs. “Can my landlord really demand more than the 850 euros deposit?” she questioned. Olivier Princivalle, president of the National Federation of Real Estate (Fnaim) Grand Paris, affirmed that landlords indeed have the right to request compensation for damages as outlined in Article 1732 of the Civil Code. This means they can pursue tenants for justified repair costs, as long as they provide appropriate documentation, such as the painter’s quote in Lina’s case.

It’s important for tenants to understand that while landlords have a right to seek additional funds, they should first attempt to resolve the matter amicably. If needed, they can also resort to judicial proceedings. Before escalating to the district court, landlords are encouraged to reach out to the departmental conciliation commission, which offers free assistance in resolving disputes. Although their recommendations are advisory, these opinions can be valuable if the landlord decides to take legal action.

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