Section actions
Duration: Documentation — 1 day; lessor's response — weeks; ARS/court procedure — 2 to 12 months
Cost: ADIL/CCAS/free conciliation; diagnosis and lawyer — lessor's responsibility / legal aid
On-site only
Who this guide is for
Section actions
- Renters in a housing with serious defects (moulding, no heating, electricity)
- Families with children whose health is affected by housing conditions
- Those whose work the lessor refuses
To be prepared in advance
Section actions
- Photos of all defects with date
- Copy of the lease and condition of the place of entry
- History of exchanges with the lessor (mails, e-mails)
- Medical certificates if health has suffered
Step-by-step procedure
Section actions
- 1Identify the breach threshold. The "decency" (law of 1989 + decree 2002) imposes: waterproof roof, functional heating, water (cold and hot), safe electricity, minimum surface area 9 m², windows. The "unsanitary" is more serious, dangerous to life, recognized by the ARS/prefect.
- 2Document everything: photos, videos, temperature measurements. Prove that the problem does not come from your behavior (vetusty or defect = burden of the lessor).
- 3Send the lessor a formal notice (recommended with AR) describing defects, photos, and requiring work within a period of time (emergency: a few days).
- 4In case of refusal or inaction, report to the town hall (sanitary/housing department) and to the ARS. They can inspect and issue an injunction to the landlord.
- 5Enter the departmental conciliation commission (free of charge) and then the judge for protection disputes. He can order the work, reduce the rent retroactively, allocate damage.
- 6In the event of unsanitary conditions recognized by the Prefect, the lessor must relocate you or finance temporary accommodation. Rent can be reduced or suspended.
- 7Do not leave "in silence" without a solution: the expulsion of an indecent dwelling opens up the right to rehousing — enter the CCAS/DALO.
Common mistakes
Section actions
- To think that "housing will do the job". Decency is a legal requirement, not a wish.
- Do not document defects in writing and photo — difficult then to prove.
- Leave without formalizing, losing the right to rehousing and lower rent.
- Directly refer to court without conciliation or notification to the lessor.
- Ignore that the ARS and the City Council can force the lessor — it's a free lever.
Official sources
Section actions
Show sources in this section
Important remark
The qualification of unsanitaryness is the responsibility of the ARS and the Prefect. This information is indicative — for your situation, speak urgently to the ADIL, the CCAS or a lawyer.
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