When a landlord offers a property for rent, they must adhere to minimum decency standards set by law. These standards ensure that the rental property provides minimum levels of safety, comfort, and sanitation for tenants. For real estate professionals, understanding these criteria is essential to advise and guide landlords while also safeguarding tenants. Here is an overview of the key decency standards required in rental properties.
What is a Decent Property?
A decent property is one that does not pose risks to the physical safety and health of the tenant and offers basic equipment for comfort. This definition is regulated by the law of July 6, 1989, and detailed by the decree of January 30, 2002. Landlords are required to provide properties that meet these criteria. Failure to comply may result in legal consequences.
Landlord's Obligations for Renting Out a Property
Minimum Size
The property must have at least one main room of 9 square meters with a ceiling height of 2.2 meters or a living volume of at least 20 cubic meters.
For shared rentals, the habitable area must be at least 16 square meters for two tenants, with an additional 9 square meters per extra tenant, up to 78 square meters for eight tenants.
Air and Water Tightness
The property must be protected against water and air infiltration. Walls, roofs, and windows must be in good condition to prevent issues like humidity, mold, and inadequate thermal insulation. Leaks or infiltration breaches decency standards.
Structural Soundness and Weatherproofing
The structure and access points must be well-maintained to prevent water ingress (e.g., runoff, rising damp). Exterior joinery and the roof, including seals and accessories, must be in good repair to maintain these protections.
Safety and Equipment Standards
Guardrails: Window, staircase, balcony, and loggia guardrails must be in safe, functional condition.
Building Materials: Materials and pipes must not present health or safety risks, such as asbestos, which must be managed and removed if present.
Electricity and Gas: Electrical and gas installations must be up-to-date and functional to prevent risks such as fire, electrocution, or carbon monoxide poisoning.
Thermal and Sanitary Comfort
Heating: The property must have a standard heating system with proper energy supply and exhaust facilities.
Potable Water Supply: The property should have a potable water system, providing adequate pressure and flow.
Wastewater Disposal: Wastewater installations must prevent odors and backups, including traps to manage smells effectively.
Kitchen: The property should have a kitchen or kitchenette allowing for cooking facilities, with a sink connected to hot and cold water and wastewater disposal.
Sanitation: An internal sanitation facility with a separate toilet from the kitchen and living areas, and a bathing facility (shower or tub) with hot and cold water access, is required. In a one-room property, a shared WC is permissible if within the building and easily accessible.
Ventilation: The property must allow sufficient ventilation. Openings and ventilation systems should enable adequate air circulation and moisture control to prevent mold and maintain a healthy environment.
Energy Efficiency
Since 2023, only properties consuming less than 450 kWh of final energy per square meter per year can be rented out.
Starting in 2025, only properties rated A to F on the Energy Performance Certificate (EPC) can be rented.
By 2028, only properties rated A to E will be eligible, and by 2034, only A to D properties will qualify for rentals.
Natural Light
Main rooms (living or sleeping areas) must receive adequate natural light, with openings facing outdoors or glazed volumes for natural lighting. Basement spaces cannot be rented out as living accommodations.
Absence of Pests or Infestations
A decent property must be free from infestations by pests such as rats, bedbugs, or cockroaches, as these can make the property uninhabitable and harm tenant health. Landlords are responsible for ensuring a pest-free environment.
Landlord’s Responsibility
The landlord is responsible for ensuring their property meets decency standards. If the property does not comply, the landlord must carry out necessary work. Tenants may request compliance at any time, and if the landlord refuses, they may seek legal action to demand repairs or rent reduction.
Tenant Recourse for Non-Compliance
If a tenant believes their property does not meet decency standards, they can:
- Send a formal request to the landlord for necessary repairs.
- Contact the local conciliation commission to seek an amicable solution.
- If no solution is found, they can go to court to request repairs or rent reduction.
Penalties for Landlords
Non-compliance with decency standards can result in the landlord being ordered to reduce or suspend rent payments until compliance is met. The judge may also mandate repairs or award damages to the tenant. However, the judge cannot enforce maximum energy consumption limits if:
- The property is part of a shared building.
- The landlord can prove that energy-saving measures were proposed and attempted in communal areas, though still failing to meet the maximum threshold.
