Actualité - What are a landlord’s obligations for renting out a decent property?

Article updated on 13/10/2026

When an owner puts a property up for rent, they must comply with the decency standards set by law. These standards guarantee that the home offered to the tenant is habitable under minimum conditions of safety, comfort and sanitation. For real estate professionals, a good knowledge of these criteria is essential in order to support and advise landlords as well as possible, while ensuring that tenants are protected. Here is a reminder of the key points to master on decency standards in rental housing.

In summary

A decent home must not pose any risk to the tenant’s safety or health and must offer minimum comfort equipment (law of 6 July 1989, decree of 30 January 2002).
The owner must in particular comply with a minimum surface area, air and water tightness, safe equipment, thermal and sanitary comfort, natural light and the absence of pests.
Energy performance is part of decency: since 2025, only homes rated A to F in the DPE can be rented, then A to E in 2028 and A to D in 2034.
In the event of a breach, the tenant can serve the landlord with formal notice, refer the matter to the departmental conciliation commission and then to the judicial court.

Update of Tuesday 13 October:
Homes rated G can no longer be let under a new lease since 1 January 2025; the same will apply to F-rated homes from 1 January 2028, then to E-rated homes in 2034. Since 1 January 2026, the conversion coefficient for electricity in the DPE calculation has dropped from 2.3 to 1.9: around 850,000 electrically heated homes are thus no longer classed as energy sieves, without any works, with a certificate that can be downloaded free of charge from the ADEME website. In addition, on 8 July 2026 the Senate adopted, at first reading, exemptions (works that are impossible or refused by the co-ownership): they will only apply once the text has been definitively passed. Source: Kohen Avocats; Selectra, October 2026.

What is a decent home?

A decent home is a property that poses no risk to the tenant’s physical safety and health, and that offers the minimum equipment needed for their comfort. This definition is governed by the law of 6 July 1989 and specified by the decree of 30 January 2002. Landlords are required to provide tenants with homes that meet these criteria. Failing that, they are liable to legal penalties.

The owner’s obligations when renting out a home.

A minimum surface area

The home must have a main room of at least 9 m² with a ceiling height of at least 2.20 m. Alternatively, the habitable volume must be at least 20 m³.

This minimum surface area is essential to guarantee sufficient living space for the tenant.

In the case of flat-shares, for the co-tenants to be entitled to the personal housing allowance, the home must have a habitable surface area of at least 16 m² for 2 co-tenants. For each additional co-tenant, an extra 9 m² is required, up to a limit of 78 m² for 8 or more people.

Air and water tightness

The home must be protected against water and air infiltration. The walls, roof and windows must be in good condition to avoid the risks of damp, mould and poor thermal insulation. A home with water leaks or infiltration constitutes a breach of the decency standards.

Structure and roofing: The main structure of the home, as well as its accesses, must be in a good state of repair and solidity. They must protect the premises against water infiltration (run-off, rising damp). The exterior joinery and the roofing (including its joints and fittings) must also be in good condition to ensure this protection.
Air infiltration: The home must be protected against unwanted air infiltration. Doors, windows, walls and partitions facing the outside or unheated premises must be sufficiently airtight. In addition, openings onto unheated annexes must be fitted with doors or windows, and chimneys must have dampers to prevent air infiltration.

Safety and equipment

Guardrails: The guardrails of windows, stairs, loggias and balconies must be in good condition and suited to their use to prevent the risk of falls.
Materials and pipes: The building materials, pipes and coverings of the home must not present any obvious risk to the health or physical safety of the tenants. This includes the presence of hazardous substances such as asbestos, which must be checked and removed if necessary.
Electricity and gas networks: The electricity and gas networks and connections must comply with current safety standards. They must be in good working order to prevent any risk of fire, electrocution or carbon monoxide poisoning.

Thermal and sanitary comfort

Heating: The home must have an installation allowing normal heating, with energy supply devices and combustion product exhaust systems suited to the characteristics of the home.
Drinking water supply: A drinking water supply installation must be available, providing distribution with sufficient pressure and flow for normal use.
Wastewater drainage: Wastewater drainage installations must be in good condition, prevent the backflow of odours or effluent, and be fitted with traps to avoid unpleasant smells.
Kitchen or kitchenette: The home must be equipped with a kitchen or kitchenette allowing a cooking appliance to be installed, with a sink connected to a hot and cold water supply and to wastewater drainage.
Sanitary installation: The home must have an indoor sanitary installation with a WC separate from the kitchen and the living room, as well as washing facilities (bath or shower) supplied with hot and cold water. In a one-room home, the WC may be outside, provided it is in the same building and easily accessible.
Ventilation: The home must allow sufficient ventilation. Opening devices (windows, doors) and ventilation systems must allow adequate air renewal and effective removal of humidity. This is essential to prevent mould and guarantee the healthiness of the home.

Energy performance

Since 2023, only a home consuming less than 450 kWh of final energy per m² of habitable surface area per year can be let under a residential lease (including for lease renewal or tacit renewal). This consumption is estimated by the Energy Performance Diagnosis (DPE).

From 2025, only a home in DPE classes A to F can be let under a residential lease (including for lease renewal or tacit renewal).

From 2028, only a home in DPE classes A to E can be let under a residential lease (including for lease renewal or tacit renewal).

From 2034, only a home in DPE classes A to D can be let under a residential lease (including for lease renewal or tacit renewal).

Natural light

The main rooms (those used for living or sleeping) must have sufficient natural light. This means that they must have openings onto the open air or onto a glazed volume allowing natural light to enter.

Premises located in a basement cannot be offered for rent.

No pests or parasites

A decent home must not be infested with pests (for example, rats) or parasites (such as bed bugs or cockroaches). The presence of these pests can make the home unhealthy and harm the health and well-being of the tenants. It is therefore the owner’s responsibility to ensure that the home is healthy and free from any infestation.

The owner’s responsibility

The landlord is responsible for bringing their home into line with the decency standards. If the home does not meet them, the owner must carry out the necessary works to correct the shortcomings. The tenant can request that the home be brought into compliance at any time. If the owner refuses to carry out these works, the tenant can take legal action to demand compliance or obtain a rent reduction.

Tenant’s remedies in the event of non-compliance with the standards

A tenant who considers that the home they occupy does not meet the decency standards can:

Send a formal notice to the owner asking them to carry out the necessary works.
Refer the matter to the departmental conciliation commission to try to find an amicable solution.
If no solution is found, the tenant can bring proceedings before the judicial court to have the works carried out or obtain a rent reduction.

Penalties incurred by the landlord

In the event of a breach of the decency standards, the landlord may be required to reduce the rent, or even suspend its payment until the home meets the required criteria. The judge may also order compliance works and, in some cases, award damages to the tenant for the harm suffered.

However, the judge cannot order measures aimed at meeting a maximum final energy consumption threshold when the following 2 conditions are met:

The home is part of a co-owned building
The owner demonstrates that, despite having proposed works on the common areas or shared equipment at the co-ownership general meeting, and despite having carried out works in the private areas, they were unable to reach an energy consumption level below the maximum threshold.

Rules and prices vary greatly from one town to another: the simplest option is to talk to a real estate advisor near you.

To find out more, watch our video “Parlons peu, Parlons biens” #10: Disputes between tenants and landlords.

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Author

Frédéric Rémy – Director of Sales Performance

A real estate professional with several years of experience within the Capifrance network, I would like to share essential advice with you to help you successfully complete your property project with our advisors.