What to do in case of a defective lock?
In any accommodation leased according to law no. 89-462 of July 6, 1989, the lessor and tenant are involved in its maintenance.
The tenant is, on the one hand, required to take responsibility for the routine maintenance of the accommodation, the equipment mentioned in the contract and minor repairs as well as all rental repairs defined by decree of the Council of State, unless they are caused by dilapidation, poor workmanship, construction defect, fortuitous event or force majeure. (article 7d of law no. 89-462 of July 6, 1989).
However, among the tasks incumbent on the tenant due to “routine maintenance” in the decree relating to rental repairs, we find the greasing of the locks of the accommodation (decree no. 87-712 of August 26, 1987).
Also, the first thing to do in the event of a defective lock is to identify the source of the problem. In fact, there is a step between a lock that occasionally jams due to lack of maintenance, and a barrel that falls from its door.
If at first, the tenant notices a simple blockage which does not completely hinder the system, he must lubricate the lock. If the problem immediately exceeds this scope or is not resolved, then other steps should be considered.
How to prove the obsolescence of a lock?
The question is important to the extent that the replacement of housing elements required by their dilapidated state is the responsibility of the owner and not the tenant.
Law No. 89-462 of July 6, 1989 provides in its article 7d the methods for taking into account obsolescence. The text refers to decree n°2016-382 of March 30, 2016 establishing the terms and conditions for establishing the inventory and taking into account the dilapidation of accommodation rented for use as a main residence. Obsolescence is defined as the state of wear or deterioration resulting from time or normal use of the materials and elements of equipment of which the accommodation is made.
Regarding the proof, there are two scenarios.
The text of the decree provides for the possibility for the parties to have agreed on a dilapidation grid upon signing the lease.
Good to know: this must have been chosen among those which were the subject of a collective rental agreement concluded in accordance with article 41 ter of the law of December 23, 1986.
This grid defines at least, for the main materials and equipment of the rented property, a theoretical lifespan and annual flat-rate reduction coefficients affecting the price of rental repairs to which the tenant would be required.
Thus, if a grid of obsolescence has been retained by the parties, a simple examination of this document will be sufficient and will make it possible to determine – or not – the obsolescence of the lock.
In the absence of a grid, it will be advisable to call a professional in the sector, a locksmith, so that he can decide on the age of the lock and its state of wear.
Who must pay for changing the lock: tenant or owner?
It all depends on the situation that requires changing the old lock. If replacement occurs due to its obsolescence, it is up to the owner to cover the costs. If the old lock was broken due to misuse or if replacement is necessary due to lack of maintenance by the tenant, then the burden of the new lock will fall on him at least in part.
Good to know: if changing the lock is necessary following a break-in, you should contact the housing insurer within a very strict time limit. This must be made the recipient of all the elements of the file (report of complaint, estimate of the locksmith) to take care of the replacement of the lock, usually covered by multi-risk home policies.
How much does it cost to replace a broken lock?
It all depends on the type of door and lock. You also have to consider two options: doing it yourself or through a professional. A simple change of barrel purchased at a DIY store can cost around a hundred euros, sometimes a little less. With the locksmith, the bill can reach a thousand euros.
Can the tenant change the lock of the rental accommodation?
A tenant can change the lock of his accommodation during the lease. Indeed, such a change concerns the development of housing as provided for by thearticle 6d of law no. 89-462 of July 6, 1989.
If the lessor has kept a set of keys, it is still possible to notify him but nothing obliges the tenant.
Please note, however, that the changed lock must be of equivalent or better quality than that existing on the day of entry into the premises. Failing this, the tenant may be liable for a sum corresponding to a return to the previous state. (article 7f of law no. 89-462 of July 6, 1989). This may be withheld from the security deposit upon the tenant’s departure.
Good to know: the tenant must therefore ensure that the locks are working properly when leaving the accommodation and therefore during the inventory of the premises upon departure, in order to prevent any subsequent dispute.
Does the owner have the right to have a duplicate key to the new lock?
An owner can have a duplicate of the keys in order to be able to intervene or involve third parties in the event of an emergency.
A duplicate key left with the owner can also be useful in the event of loss of keys. It can help avoid having to resort to a locksmith.
However, the owner cannot enter the accommodation at any time without the tenant’s consent.
If he does it all the same, he becomes the author 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.
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