Persistent humidity, water infiltration, broken heating or dangerous electrical installation: when a landlord is slow to intervene, some tenants consider withholding their rent in order to put pressure on them. This practice is regularly discussed on social networks or specialized forums. However, French law very strictly regulates this possibility. The payment of rent constitutes one of the main obligations of the tenant, provided for by article 7 of the law of July 6, 1989. For his part, the owner must provide decent housing and ensure peaceful enjoyment of the premises. But these two obligations are not legally linked to the point of authorizing a tenant to freely interrupt their payments.
“The tenant is required to pay his rent and the agreed charges, even if the lessor fails in his obligation to provide decent housing or to ensure peaceful enjoyment. This will in no case authorize the tenant to stop paying on their own. »recalls Léa Caron, legal advisor at Adil du Gers. In certain cases, however, a suspension or reduction of rent is possible. But it presupposes the intervention of a judge, an administrative authority or the existence of a formalized agreement between the lessor and his tenant. “In any case, he cannot stop paying the rent alone,” insists the lawyer.
Can you stop paying your rent when your accommodation is in poor condition?
The answer is clearly no. Whether it is a problem with humidity, a broken boiler, water infiltration or even potentially undecent accommodation, the tenant must continue to pay their rent as long as no official decision authorizes them to do otherwise.
This rule may seem unfair to certain occupants faced with difficult housing conditions. However, it aims to prevent everyone from becoming judge of their own rights. By suspending payments without authorization, the tenant places himself in a situation of non-payment and considerably weakens his legal position. “The tenant can never do this on his own”summarizes Léa Caron.
In what cases is a suspension of rent possible?
Two situations legally allow for the payment of rent to be suspended. The first is judicial. When housing does not meet the decency criteria defined by the decree n°2002-120 of January 30, 2002the tenant can ask the owner to carry out the necessary work. If the latter does not react, the case may be taken to court. Article 20-1 of the law of July 6, 1989 then provides that the judge can order the work to be carried out, set a deadline for execution and adjust the amount of the rent. “ It is the judge who can then determine the workset a deadline, reduce the rent, or even suspend it”explains Léa Caron.
The second situation is administrative. When a competent authority issues a safety order or an unsanitary treatment order, payment of rent may be suspended for the duration of the work imposed on the owner.
Can an unsanitary order automatically suspend the rent?
The Public Health Code and the Construction and Housing Code provide several mechanisms for protecting occupants when the housing presents a danger to their health or safety. In certain cases, an unsanitary or safety order may result in a suspension of rent payment. from the date set by the administration.
“If the tenant has taken all steps to report the situation and the competent authority has issued a safety order or unsanitary, there may be a stoppage in rent payment until the order is lifted”specifies Léa Caron. Furthermore, these orders do not systematically imply an immediate evacuation of the accommodation.
Rent reduction, suspension and deposit: what are the differences?
These notions are often confused even though they respond to distinct mechanisms. There rent reduction consists of temporarily reducing the amount owed by the tenant. It can be decided by a judge but also result from a written agreement between the parties. “A written agreement between the parties can work. If the lessor is ready to do the work but it will take time, it is possible to provide a temporary reduction in the rent”explains Léa Caron.
There rent suspension corresponds to a temporary cessation of payment, generally decided by a judge or resulting from a security or unsanitary order. Finally, the consignment consists of blocking certain sums pending the completion of work or a decision.
Can a tenant deposit their rent themselves?
Again, the answer is no. Many tenants think they can place the rent in an escrow account while waiting for the landlord to carry out the work. In reality, this possibility is very limited. “A tenant cannot record rents without a higher authority”recalls Léa Caron. In certain cases of non-decency, the CAF or the MSA can intervene by temporarily retaining housing assistance. “The CAF will record housing allowances andes will return to the owner if he completes the work on time »explains the lawyer. If the work is not carried out within the allotted time, these sums may be permanently lost for the owner.
What is the risk of a tenant who stops paying rent without authorization?
The risk is particularly significant. By ceasing to pay rent, the tenant places himself in a situation of non-payment. The owner can then initiate a recovery procedure, invoke a possible termination clause in the lease and request the eviction of the tenant. “Simply eviction from one’s accommodation”summarizes Léa Caron. The lawyer insists on an essential point: invoking the poor condition of the accommodation before the judge will not be enough to justify the absence of payment. “The judge will consider that the tenant had other recourses, such as going to the town hall, Housing Signal or the court, and that he could not take justice into his own hands”she explains. The expert further specifies that the tenant retains the possibility of forming a counterclaim before the judge so that the condition of the accommodation is also examined as part of the procedure.
What should a tenant do when faced with poor housing?
Before any legal procedure, Adil recommends favoring amicable approaches. The first instinct should be to alert the owner, ideally by registered letter with acknowledgment of receipt, in order to keep proof of the requests made. “First, it’s amicable »recalls Léa Caron. “The tenant must discuss the disorder with his landlord”. If the situation does not resolve itself, it is advisable to contact the Adil of your department in order to obtain legal support. “We can qualify the disorder, determine whether we are facing non-decency, unsanitary or another situation, then direct the tenant to the right contacts »explains the legal advisor.
Depending on the case, the CAF, the MSA, the town hall, the ARS or even the Signal Logement platform may be contacted before considering possible legal action.
Rent suspension: the number 1 tip for tenants
For Léa Caron, the message is unambiguous. “What tenants need to remember is that you should not especially not stop paying your rent on your own initiative ». Even when the accommodation presents significant problems, recourse exists. But they necessarily go through the procedures provided for by law. Wanting to put pressure on your landlord by suspending payments alone is often the worst strategy to adopt: it exposes the tenant to eviction proceedings while weakening his position in the dispute.
