Can a fitted cellar be rented as a home?

  • By kjhg
Morgane Jacquet regulations March 05, 2021 Share on

To be able to rent a property for a main home, the latter must meet the criteria of decent housing.

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Une cave même aménagée ne peut pas être mise en location dans le cadre d'un contrat d'habitation. © DPA

No, a converted cellar cannot be rented!

A cellar does not meet the various criteria of the decent housing provided for by law.The tenant has legally provided for.

If the owner of the accommodation does not comply with his obligations relating to the issuance of decent housing, several remedies are available to the tenant in order to force the owner to carry out the necessary work.He can seize the departmental conciliation commission which aims to achieve conciliation between owner and tenant when they did not succeed themselves.

Une cave aménagée peut-elle être louée comme une habitation ?

The tenant can also seize the judicial court in order to be allocated damages.

Sleeping merchants are liable to criminal sanctions up to 5 years' imprisonment and € 150,000 fine.

What are the criteria for decent housing?

Article 6 of the law of July 6, 1989 requires the owner of a housing rented as a principal residence to comply with decency standards.Thus, accommodation is decent as soon as it respects the following conditions, determined by decree:

The accommodation has either a living area at least equal to 9 m² and a ceiling height at least equal to 2.20 meters, or a living volume at least equal to 20 m³.

Please note, the departmental health regulations may be more restrictive and provide an area higher than that provided for in the decree.

Housing must include the equipment and comfort items

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