The first question that arises is whether the household appliances are part of the rental property and are included in the rent.
If this is the case, the will be obliged to take responsibility for all major repairs, other than rental or maintenance repairs. He must also pay for repairs due to force majeure or obsolescence and, if necessary, the replacement of the device.
EXAMPLE. If the tenant rents a good equipped with a dishwasher. The latter breaks down and must be replaced because it is obsolete. The appliances repairs will then have to provide a new dishwasher. Indeed, if the appliances repairs refuse to replace the dishwasher, the tenant could retort that it was part of the rental and that the price of the rent also includes the provision of a dishwasher in good working order.
For his part, the tenant will have to take charge of minor maintenance repairs or repairs due to improper use of the device or lack of maintenance.
EXAMPLE. The tenant used washing-up liquid in line and place tablet or specific product for the dishwasher.
It should be noted, however, that it is not always easy to determine whether this is a small maintenance repair or a larger repair. Likewise, providing proof that the repair is due to improper use by the tenant will not always be easy and may give rise to many discussions…
Is it possible to derogate from these rules for reimbursement of repairs?
For main residence leases concluded after May 18, 2007, it is no longer possible to charge the tenant for repairs due to obsolescence or a case of force majeure.
On the other hand, for all other types of leases, it is possible to derogate from this distribution by clearly stipulating it in the lease.
ADVICE. Derogatory clauses must be clear and precise and, in the event of a dispute, they will always be interpreted restrictively and in favor of the tenant.
What happens if the household appliances are not part of the rental and have for example been left by the previous tenant?
If the previous tenant leaves appliances (household appliances) in the rented premises, without giving them or selling them directly to the next tenant, it is necessary to stipulate in the lease, by a clear and precise clause, that they are left available free of charge. of the tenant and that, therefore, no repair / replacement will be supported by the lessor. Especially in the main residence lease. In the absence of such a clause, the devices will be deemed to be rented with the property and any repairs and replacements should therefore be borne by the lessor.