In what cases can an owner enter the accommodation he is renting?
The owner cannot enter the accommodation he is renting. If he does so without the consent of his tenant, he becomes the perpetrator of a home invasion within the meaning of article 226-4 of the Penal Code. He then risks a fine of up to 45,000 euros and three years of imprisonment.
However, the owner has the right to enter the rented accommodation for certain reasons and as long as the tenant authorizes it, whether for work or visits with a view to re-renting the accommodation. We then speak of visiting rights.
Article 4a of the law n°89-462 of July 6, 1989 organizes this right of visit when it is a question of sale or new rental of the rented premises. This article provides that any clause in the contract which would require the tenant to allow the premises to be visited on public holidays or for more than two hours on working days is deemed unwritten. Conversely, the tenant must be able to allow visits outside of these days and time restrictions.
Article 7th of the same law also provides a right of access concerning the work required in the premises. In fact, this provides that the tenant must allow access to the rented premises for the preparation and execution of work to improve the common areas or private areas of the same building, work necessary for the maintenance or normal maintenance of the rented premises.
However, before the start of the work, the tenant must be informed by the lessor of their nature and the terms of their execution by a notification of the work delivered to him in person or by registered letter with acknowledgment of receipt. Finally, let us point out that no work can be carried out on Saturdays, Sundays and public holidays without the tenant’s agreement.
Can the owner come to my house to show the accommodation?
Yes, the owner can enter the tenant’s accommodation to show it around with a view to renting it out again or selling it.
However, this right is limited since visits can only take place on working days (Monday to Saturday), and for no more than two hours per day.
In practice, it is necessary to find common ground and determine visit dates that suit everyone.
How to organize visits to sell or re-rent occupied accommodation?
The tenant is at no time responsible for organizing visits: this responsibility falls to the lessor.
It is generally the owner who offers visit dates to the tenant which the tenant is free to accept or refuse. If the tenant expresses impossibilities regarding all of the owner’s proposals, he must logically also submit date/time proposals.
No form is required: exchanges can take place by email, simple letter, simple letter with acknowledgment of receipt. The parties can also reach an agreement orally, but it is highly recommended that a written document be drawn up in order to avoid any misunderstanding and to be able to serve as proof in the event of difficulties.
If the tenant refuses to respond, he should be given notice by registered letter with acknowledgment of receipt to allow access to the accommodation. In the event of no return, it will be appropriate to refer the matter to the competent court.
Can the landlord take photos of my furniture to re-rent the apartment?
No legal or regulatory provision fixes this point. The owner must be able to take images to facilitate the sale of the property. The tenant may consider that these images infringe his rights. It is therefore appropriate to strike a balance between the two. The images taken must avoid as much as possible infringing the tenant’s rights (by showing personal objects). It should also be noted that software and applications now make it possible to delete material elements appearing in photographs.
Can I refuse to have my accommodation visited as a tenant?
No, the tenant cannot refuse to have his accommodation visited as long as the owner is acting within the framework of his rights, namely a visit to sell the property or its re-rental.
Owner’s right of visit: what are the tenant’s obligations?
The tenant must allow access to the rented accommodation if the owner makes the request for legal reasons, namely:
- Sale of accommodation
- Re-rental of accommodation
- Works as provided for by law.
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