Louis du Merle is responsible for the legal department of ANIL, the national agency for information on housing. a trial has just been held in Lyon in a case of substandard housing. Louis du Merle discusses the rights of tenants in this area.
franceinfo: What is indecent accommodation? What’s the definition?
Louis du Merle: Since 2000, the obligation to provide the tenant with decent housing has been enshrined in law. A decree lists very precisely the criteria of decency. The shell must be in a state of solidity, the electricity and gas networks must comply with safety standards, the accommodation must be protected from air infiltration and have sufficient ventilation.
The text also speaks of the essential elements of comfort, for example a heating system, a water supply, a kitchen and a sanitary installation. The main room must be at least 9 m2 and 2.20 m high under the ceiling.
What if the accommodation does not meet these criteria?
You must first check that you yourself are not the cause of the disorder, for example that the ventilation has not been blocked or that a seal is not faulty. It is possible to make a self-diagnosis of the decency of your accommodation. The Adil network provides a practical kit on our websites. Our site allows you to find us via an interactive map to get in touch with a local lawyer in his department.
What are the steps to take, what are the remedies?
The first step is to notify the owner of the condition of the accommodation. It is a letter by registered letter to describe the problem encountered. If the lessor accepts, it must also be put in writing, to detail the planned work, and especially the completion deadlines.
If the lessor refuses or does not react within two months, a formal notice must be sent which will give the lessee the possibility of going to a conciliation process with a court conciliator or a departmental commission of conciliation or to go to justice.
What does the owner risk?
To be forced by the judge to carry out the work, to have his rent suspended or recorded and the award of damages for the damage he caused to the tenant.
So we can not pay the rent?
Yes, if we have the authorization of a judge or if there is an administrative decision of unsanitary conditions.
Are you in great demand at ANIL on these questions?
We have set up a telephone platform “Info logement indigne” on 0806 706 806 which allows you to get in touch with a lawyer in your area. This platform receives approximately 1,800 calls per month.