How long can a tenant stay without hot water and heating?

Following plumbing problems or because of a defective water heater, the tenant can find himself deprived of running water. This situation raises several questions concerning the rights and obligations of each of the parties. What are the owner’s responsibilities? How long can a tenant stay without hot water or heating? Who should pay the repair costs? Here is what owners and tenants should know.

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Is the owner forced to provide hot water and heating?

Obligation to install a drinking water supply and heating equipment

Following Article 6 of Law No. 89-462 of July 6, 1989the owner has the obligation to issue decent housing to the tenant. However, the decency criterion means a number of equipment including:

• A power installation in drinking water in the accommodation which must allow distribution with Flow and normal pressure for the use of tenants,
• Heating and hot water production equipment in good condition and operating condition, in accordance with the standards in force.

Obligation to provide hot water and heating

The owner must therefore provide hot water and heating to his tenant. In the absence of running water or hot water, the tenant will therefore be able to turn against him.

Who from the owner or tenant must pay heating and hot water?

Heating and hot water are charges due due to the occupation of the lease. They are therefore the responsibility of the tenant. The owners have several options concerning the settlement of these charges. They can demand:

• A monthly provision, a sum determined according to the previous invoices, with regularization of the charges according to the reality of consumption once a year,
• A payment of charges at the “package”, the sum fixed monthly being therefore not revised according to the reality of the invoices.

How long can a tenant stay without heating in a house or a rental apartment?

The criteria relating to decent housing do not specify a duration according to which a tenant could remain without heating since the obligation is generally understood for the duration of the occupation. In the event of a breakdown, the case law (the decisions of the judges on a subject) considers, depending on the situation, that a reasonable period of reparation means 48 hours to a maximum week.

How long can a tenant stay without running water?

We have just specified: the obligation to issue a decent housing involves running water in said accommodation in a usual way. Thus, a tenant should not be deprived of the running water necessary for daily uses. There is therefore no “permitted” duration and any interruption required by an urgent problem (water quality, repairs as a result of driving) must be as short as possible.

Otherwise, the tenant is injured in his rights. He may refer to the departmental conciliation commission, but also the judicial court in order to force the lessor to comply with his obligations. In addition to restoring installations, the tenant may obtain a reduction in his rent over the period considered.

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Can we cut the water to a tenant?

Prohibition to cut water without preventing

Since law n ° 2013-312 of April 15, 2013, It is forbidden to cut the water to a tenant. More specifically, this law has modified an article in the code of social action and families, Article L. 115-3now labeled as follows:

“Under the conditions set by law n ° 90-449 of May 31, 1990 aimed at the implementation of the right to housing, any person or family experiencing particular difficulties, in particular with regard to their assets, insufficient resources or conditions of existence, is entitled to aid of the community to have the supply of water, energy, a fixed telephony service and an internet access service. »»

Maintaining the supply of water and energy

In addition, in the event of non-payment of invoices, the supply of energy and water, a telephone service and an Internet access service are maintained until it has been ruled on the request for assistance.

What to do if I no longer have hot water or a breakdown at home?

Prevent the owner

In case of breakdown heating or hot water problem, the tenant must Contact its owner as soon as possible by email or by phone. In the absence of a return, it will be necessary to send him a registered letter with acknowledgment of receipt so that he dispatches a professional in charge of the repair.

Formal notice and legal recourse

If the letter remains unanswered, the tenant may send its owner a formal notice, specifying the deadline granted so that they are carried out the necessary work. If the heating is still not restored or the hot water returned, it is possible to seize justice, by depositing a request before the district court, in order to obtain an injunction to do. The owner will then be obliged to restore hot water and heating.

Who should take care of the maintenance of the water heater?

The tenant is required to maintain the water heater (as is the maintenance of the boiler or the chimney sweeping). For this, he must take out an annual maintenance contract with a service provider chosen by himself or by the lessor. However, the obligations differ depending on the type of equipment.

Maintenance of a gas water heater

For a gas water heater, the annual maintenance is compulsory and must be carried out by a qualified professional at the expense of the tenant. This visit includes the Complete equipment verificationcleaning the burner and duct, as well as yield control. The tenant must keep the maintenance certificate for at least two years, as it can be claimed by the owner or insurance in the event of a claim.

Maintenance of an electric water heater

On the other hand, the tenant has no obligation to maintain an electric water heater. It is the responsibility of the owner to call on a professional to ensure the departure, the repair of the parts and its replacement in the event of a dysfunction.

Leak on hot water tank: Who of the owner or tenant must pay?

It all depends on the nature of the flight and the work to be carried out. The tenant must ensure Current maintenance Hot water tank. While the owner must ensure that at the time of the rental, the ball is not Neither old, nor defective, nor in an advanced state of use. Thus, depending on the breakdown, owner and tenant can be held in part responsible and will have to pay the repairs.