Bed bugs on moving into a new flat, mice in a rented house, cockroaches coming up through service ducts: the question of who pays comes up quickly and can hold up treatment if it is not settled. Here are the main rules under French law, in plain terms.
This is general information. For a specific case or a dispute, the ADIL (the free local housing information agency) in your département gives free legal advice.
The rule: decent housing means no pests
Article 6 of law no. 89-462 of 6 July 1989, as worded since article 142 of the ELAN law of 23 November 2018, requires the landlord to provide decent housing "free of any infestation by pest and parasite species". A home that is already infested when the tenant moves in therefore does not meet this obligation.
During the tenancy, the landlord must still maintain the property and carry out repairs that are not the tenant's responsibility. In an answer published in July 2019, the ministry in charge of housing stated that, for bed bugs, insect control is the landlord's responsibility unless they prove a lack of upkeep attributable to the tenant.
What can be recovered through service charges
Decree no. 87-713 of 26 August 1987 sets the list of recoverable charges. Its "Hygiene" heading mentions "products relating to insect control and disinfection", but not labour. Rodent control is not included.
Steps that get things moving
Whether you are the tenant or the landlord, a few steps avoid deadlock:
- Inform the landlord or letting agency in writing at the first signs, with dated photos.
- Keep a record of everything: letters, messages, treatment report and invoices.
- If the infestation comes from the common areas of a co-owned building, the landlord must refer it to the syndic (the building's managing agent).
- If disagreement persists, the ADIL and the departmental conciliation committee can be approached.
What about business premises and holiday lets?
Commercial and professional leases are not governed by the 1989 law: who pays depends mainly on the lease clauses, which are worth rereading. For a furnished property let by the night, the host provides the accommodation and arranges treatment between stays. In every case, the photo report from the visit is a useful document to record the situation.
Key points
- 01Since the ELAN law (2018), a rented home must show no infestation.
- 02Treatment is in principle the landlord's responsibility.
- 03Exception: tenant negligence, which the landlord must prove.
- 04Only insect control and disinfection products are recoverable, not labour.
This article gives general information, up to date on its publication date. It does not replace legal or medical advice tailored to your situation.