Renovations while occupied -- I'm leasing an apartment in France

This is a discussion on Renovations while occupied -- I'm leasing an apartment in France within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Hi, I'm leasing an apartment in France and our proprietor is having the shower room redone. There was a note ...

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Old Aug 12th, 2011, 02:38 AM   #1
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Angry Renovations while occupied -- I'm leasing an apartment in France

Hi,

I'm leasing an apartment in France and our proprietor is having the shower room redone. There was a note when we moved in that the pain in the shower was peeling and needed to be re-painted. That turned into a two week renovation. Now, we can't shower in the apartment for two weeks. We asked for a reduced rent since the apartment is partially uninhabitable. She claims its our fault for wanting the repair.

Do we have cause for complaint? How does one even fight this in France?
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Old Aug 12th, 2011, 05:48 AM   #2
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Default re: Renovations while occupied -- I'm leasing an apartment in France

I wish to inform you that you may claim that landlord has breached agreement. In this regard when premises are taken on rent then there is implied condition that tenant can use the premises taken on rent and thus when the premises cannot be used then you may claim that landlord must pay you for partial non fulfillment of contract. You may give a notice in writing for breach of contract.

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Old Aug 15th, 2011, 02:43 AM   #3
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Default Re: Renovations while occupied -- I'm leasing an apartment in France

Thanks! So what does this kind of notice do? She still refuses to lower rent for the month. We contemplated partially withholding rent, but she just said she'd take it out of the security deposit.

(She's also claiming that this is covered under Article 1724 in French code.)

"
Si, durant le bail, la chose louée a besoin de réparations urgentes et qui ne puissent être différées jusqu'à sa fin, le preneur doit les souffrir, quelque incommodité qu'elles lui causent, et quoiqu'il soit privé, pendant qu'elles se font, d'une partie de la chose louée.
"
I'm calling shenanigans on that one since replacing floor, a bathtub and all walls after 18 months of paint peeling inside the shower is clearly not an emergency.

I guess one option is to send the letter notifying her that she's in breach of contract and then excise compensation when I move out via failure to pay rent and then sending her a copy of the letter?
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