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Building negligence! If your building is poorly maintained, you have the right to require your landlord to do the necessary work.
Notify the owner
If you rent an apartment in a condominium building , the landlord is responsible for maintaining your entire building. Even if the owner remains responsible vis-à-vis his tenant, he cannot initiate work on his own initiative in the common areas (stairs, entrance hall, elevator, etc.) and must seek the agreement of the trustee ., who will in turn address the general meeting of co-owners. If you notice a maintenance problem in your building, you must first send a written request to your lessor, who will contact the trustee, who will then address the general meeting of co-owners. If the lessor does not carry out the work, you can send your lessor formal notice by registered letter with acknowledgment of receipt.
Keep paying the rent
Even if your landlord does not carry out the work, you should not suspend payment of rent. In addition, remitting the amount of rent to the Caisse des dépôts et consignations (CDC) does not protect you either. Whatever the reason for your non-payment of rent, it is illegal and may result in the termination of your lease. Only the impossibility of living in the premises can justify the non-payment of the rent (this is the case, for example, when there is neither a lift nor a staircase), but these cases remain exceptional.
Go to High Court
If the landlord still does not carry out the work, you can go to the tribunal de grande instance and ask that your lessor be ordered to carry out the work. This conviction may be accompanied by a penalty payment, that is to say a daily allowance that the owner will have to pay you as long as the work is not carried out. You can also get a rent reduction. Finally, you can also ask your landlord to pay all court costs.
There is also another much simpler and almost free procedure: the injunction to do. All you have to do is go to the court office to fill out a form and they will take care of everything, including summoning the parties.
Alert the town planning services
If the lack of maintenance of the building presents serious risks for the safety (collapse, etc.) or the health (lead, asbestos, etc.) of its inhabitants, the town planning services must be alerted. or local social services. They will go on site to ascertain the facts and ask the owner for an injunction to have the work carried out. These services can also advance the cost of the work and then request reimbursement from the owner.
Société d’Avocats DAMY , Nice, What to do if your building is poorly maintained?, Update 2022
