ACTU IMMO: WHAT CONSEQUENCES IF THERE ARE PARASITES IN THE HOUSING THAT I RENT
We hear about it everywhere, until the National Assembly, bed bugs invade France.
So much so that a new text came into force on 1 October last inviting any lessor to exercise caution and rigour. This section of the Public Health Code (R 1331-45) states that "all necessary measures" must be “taken to prevent the proliferation of animals causing nuisances to human health, including bed bugs, in living quarters and, where appropriate and urgently, to remedy them, including by clearing, cleaning, disinfection, deratization and disinsection of premises by biological or physical processes”.
It should be noted, however, that “the treatment of residential premises with a view to deodorizing, disinfecting or disinsecting them by processes that introduce into the air harmful or toxic products, in particular formaldehyde or ozone, or emit radiation, in particular ultra-violet radiation, cannot be carried out when these premises are occupied and must be followed by their ventilation before a new occupation.” If your apartment is currently rented and your tenant reports the presence of parasites such as bed bugs for example, you will have to agree with the latter for a financial support of this inconvenience.
In case of refusal on your part, be aware that your tenant can refer to the departmental conciliation commission or the judge.
In all cases, the information leaflet attached to the lease must now include a section on pest control.
If at the delivery of the keys of a dwelling, the latter is infested with bed bugs, the landlord must do the necessary to treat the apartment and allow the next tenant to settle in a dwelling «free of any infestation of harmful and parasitic species» as provided for in the law of 06/07/1989 in article 6 paragraph 1. You can absolutely not bring in a new tenant until your housing has been treated and ventilated as it should be.
It is therefore very important to remain cautious during the inventory of places of exit and especially to act quickly at the slightest report.
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