Renting out a property is a financial commitment that demands a solid understanding of the legal framework, so that what should be a sound investment does not turn into a source of disputes.
The relationship between landlord and tenant is built on a careful balance of rights and duties set out in law. In this context, having a clear grasp of the landlord’s obligations under the Civil Code is essential for ensuring smooth and sustainable property management.
What are the duties of the landlord?
Under the Civil Code, a landlord’s obligations go beyond simply collecting rent. The owner is legally required to ensure that the property is suitable for use and that the tenant can live there without undue disruption. In practical terms, the main duties can be summarised as follows:
- Delivery of the property in good condition: the home must be handed over in a proper state of repair, fit for its intended use, with compliant installations and structurally safe conditions.
- Extraordinary and structural maintenance: the landlord is responsible for major repairs and structural works, particularly those relating to ageing buildings, roofs, façades, plumbing systems or load-bearing elements.
- Guarantee of quiet enjoyment: the tenant must be protected against legal claims or interference by third parties that could limit their right to use the property peacefully.
- Administrative and legal formalities: this includes registering the tenancy agreement within the legal deadline and providing the APE (Energy Performance Certificate), as required by law.
- Management of condominium matters: in apartment buildings, the landlord remains directly responsible for structural condominium expenses and building-level costs, rather than the tenant.
When examining the landlord’s obligations in a rental agreement, the key legal reference is Article 1575 of the Civil Code. This article makes it clear that the landlord must deliver the property to the tenant in a proper state of repair, suitable for its intended use from day one.
This is far more than a box-ticking exercise. Handing over a property with a faulty boiler, visible water leaks, or other evident defects amounts to a breach of contract.
Maintenance of the property and the agreed use
Beyond simply handing over the keys, the landlord’s obligations include maintaining the property in a condition that allows it to be used as agreed in the contract.
- In practical terms, if during the tenancy the property loses an essential feature, such as a heating system failing due to deteriorated pipes, the landlord is required to act without delay to restore proper use.
The guarantee for hidden defects and faults
Another key issue concerns the warranty for defects. If the property contains faults that significantly reduce its suitability for use, often referred to as hidden defects, the landlord remains liable, unless the tenant was already aware of them at the time the property was delivered.
- Where serious defects arise, the law gives the tenant the right to request termination of the contract or to seek a proportional reduction in the rent.
Protection from third-party harassment
Legal protection is also part of the landlord’s duty of care. The landlord must safeguard the tenant against claims or interference from third parties who assert rights over the property.
- For instance, if a neighbour alleges a right of way through the apartment, or if someone disputes ownership of the property, it is the landlord’s responsibility to step in and defend the tenant’s lawful use of the home.
What repairs are the owner’s responsibility?
The split of repair costs is one of the most common sources of dispute in a tenancy. However, the Civil Code addresses this clearly through the combined reading of Articles 1575 and 1576.
While Article 1575 sets out the landlord’s general duties, Article 1576 specifies that the owner must carry out all necessary repairs during the lease, with the exception of minor maintenance, which falls to the tenant.
In practical terms, anything that goes beyond routine upkeep is usually the landlord’s responsibility.
Extraordinary maintenance, wear and tear and fortuitous events
When assessing the landlord’s maintenance obligations, the key factor is the cause of the defect. The owner is required to step in where the issue results from:
- Age and wear: the natural deterioration of materials, fixtures or systems over time, such as old plumbing, roofing or wiring reaching the end of its lifespan.
- Fortuitous events: unforeseen and external circumstances, for example, a lightning strike damaging an alarm system or a flood caused by an exceptional weather event.
- Extraordinary maintenance: structural or major interventions that do not stem from ordinary day-to-day use of the property.
Practical examples of repairs paid by the landlord
In concrete terms, the landlord is responsible for covering the cost of major works such as the full replacement of a boiler, upgrading an electrical system that does not meet current safety standards, repairing leaking pipes inside walls, or replacing window frames that no longer provide adequate thermal insulation.
By contrast, tasks such as cleaning air-conditioning filters, replacing a roller shutter strap, or fixing a dripping tap caused by limescale fall under minor maintenance and are generally the tenant’s responsibility.
Right to reimbursement for urgent repairs
It is also important to note that if the landlord fails to carry out urgent and necessary repairs, the tenant has the right to arrange the work directly, provided prior notice has been given.
- In such cases, the tenant is entitled to reimbursement of the expenses, as long as the costs are properly documented and the urgency of the repair is justified by the need to preserve the property’s habitability.
What obligations does the property owner have?
Beyond the direct relationship with the tenant, a property owner also has responsibilities within the administrative and condominium sphere.
Obligations of the landlord towards the condominium
Even when the property is let, the landlord’s obligations towards the condominium remain significant. The owner is legally responsible for paying extraordinary expenses, such as façade renovations, roof repairs or the installation of a new lift, as well as ensuring that the tenant complies with the building’s internal regulations.
If the tenant causes disturbances, breaches condominium rules or damages common areas, the building administrator will contact the owner first, who remains the legally accountable party in relation to the condominium.
Bureaucratic formalities and safety
When looking at the landlord’s obligations in a rental agreement from an administrative standpoint, several formal requirements must be respected to remain compliant with the law:
Registration and taxes: the landlord is responsible for registering the tenancy agreement with the Revenue Agency within 30 days of signing.
Failure to register the contract results in it being legally ineffective, with potential tax and legal consequences for the owner.
Safety and certifications: it is compulsory to provide a valid Energy Performance Certificate (EPC).
Letting a property without an energy certification, or with installations that do not meet safety standards, can expose the landlord to significant administrative fines and civil liability, particularly in the event of domestic accidents.
Official communications: once the contract has been registered, the landlord must notify both the tenant and the condominium administrator within 60 days.
This communication ensures that the condominium register is correctly updated and that the tenancy is formally recorded.
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