Sleeping in an apartment where the thermometer exceeds 30°Ceven with open windows, has become a reality for many French people during heatwaves. Faced with this extreme heat, many tenants are wondering about their rights and wondering if their landlord can be forced to install air conditioning. The question arises all the more when the home suffers from poor insulation or accumulates heat throughout the day.
However, the law does not provide for a general obligation requiring landlords to equip their accommodation with an air conditioning system. On the other hand, they remain required to rent decent accommodation, maintain it and carry out the necessary work when a defect is noted. The difficulty therefore consists in distinguishing a simple discomfort linked to high heat from a situation likely to fall under the legal obligations of the owner.
The owner is not obliged to install air conditioning
To date, the regulations do not provide no maximum temperature threshold to be respected in accommodation in summer. Unlike the heatingwhich is part of the obligatory equipment of decent housing, the air conditioning does not appear in any text requiring its presence in rented accommodation. An owner is therefore not required to install one, even during heatwaves.
As explained Lucie Derue, rental manager in the Paris region, “In large cities, it is quite rare that apartments most exposed to high heat, particularly those located under the roof or on the top floors, are already equipped with air conditioning. When a tenant complains of thermal discomfort, the first step is usually to investigate work to improve housingsuch as replacing windows, reinforcing insulation or installing solar protection. These are more lasting solutions that improve everyday comfort. »
If the excessive heat results from a lack of insulation, outdated windows or another disorder affecting the accommodation, the owner may be required to carry out work. On the other hand, nothing requires him to choose the air conditioning solution rather than another. The objective will be to treat the cause of overheating, in particular by improving the thermal performance of the home, rather than systematically installing air conditioning.
In practice, owners favor work that sustainably improves the thermal comfort : replacement of windows, insulation, installation of shutters or solar protection, improvement of ventilation. These interventions also improve the energy performance of the home.
In co-ownership, the owner’s agreement is not always sufficient
Install a fixed air conditioning does not depend solely on the agreement of the owner. When the project provides for the installation of a outside group on a facade, a balcony, on the roof or on a common area, authorization from the co-ownership may also be necessary. Therefore, the owner will have to submit the project to the vote of the general assembly. If he does not wish to wait for the next meeting, he can request the convening of an extraordinary general meeting. This work may modify the exterior appearance of the building or concern the common areas.
The co-ownership regulations may also provide for constraints, in particular to limit noise pollution or preserve the appearance of the building.
Even at his own expense, the tenant cannot decide alone
As pointed out Lucie Derue, rental manager in the Paris region, “If a tenant wishes to install fixed air conditioning, even if they finance the work themselves, they cannot do so without discussing it with their landlord. As soon as the installation modifies the accommodation, in particular with the installation of an exterior unit or the drilling of a wall, the written agreement of the lessor is essential. It is always better to favor dialogue before taking any action. »
In practice, a mobile air conditioner can generally be used freely since it does not modify the accommodation. Conversely, a fixed air conditioning most often involves adjustments, such as drilling a wall for the passage of refrigeration connections or installing an outdoor unit.
Failing agreement, the tenant can ask the lessor to study solutions to improve the thermal performance of the accommodation. If a real lack of decency is noted, he may also take the steps provided for by law in order to obtain the necessary work.
