Your landlord is asking you to repaint the metal gate in front of the entrance. You've lived there for 16 years, the paint is peeling, rust is appearing. He assures you it's your responsibility. Your uncle, a painter, tells you the opposite. Who's right?
The answer is simple: your uncle is right. But there's a world of difference between what the law says and what your landlord is trying to get. And that's exactly where tenants get taken advantage of.
The 30-Second Answer
No, you don't have to repaint that gate. Wear caused by time, weather, rain, and sun is called vétusté (wear and tear). And vétusté is never the tenant's responsibility. It's written in black and white in Article 1755 of the Civil Code since 1804.
Your landlord can't claim anything from you during the lease. He can only potentially withhold something from your security deposit at the end, and only if the move-out inspection shows damage compared to the move-in inspection. Not normal wear.
If you want to check that your lease doesn't contain other tricky maintenance clauses, analyze your contract in a few minutes.
What the Law Says
Article 1755 of the Civil Code is disarmingly clear:
"None of the repairs deemed tenant repairs are the responsibility of tenants when they are caused solely by wear and tear or force majeure."
Translation: even if a repair appears on the list of tenant repairs (Decree No. 87-712 of August 26, 1987), it ceases to be your responsibility as soon as its cause is wear and tear or a force majeure event.
Painting an exterior metal gate after 16 years of exposure to the elements is, by definition, wear and tear. Sun, rain, frost, wind: no tenant is responsible for that.
The Fundamental Distinction: Normal Use vs. Damage
The 1987 decree places "minor repairs" and routine maintenance on the tenant. But there's an implicit condition: these repairs must be consecutive to the normal use of the premises.
Now, the normal use of an exterior metal gate is... not using it. It's outside, it endures the climate. No one handles it daily. The deterioration of its paint has no connection to your behavior as a tenant.
Compare with these examples:
- Paint yellowed by time → wear and tear, landlord's responsibility.
- Paint yellowed by cigarette smoke → damage, tenant's responsibility.
- Wallpaper faded by the sun → wear and tear, landlord's responsibility.
- Wallpaper torn or scratched by a cat → damage, tenant's responsibility.
The exterior metal gate clearly falls into the first category.
Why This Can Be a Problem
The Landlord Exploits Your Lack of Knowledge
Many landlords know full well that wear and tear isn't your responsibility. But they try anyway. Why? Because it costs them nothing to try, and many tenants give in out of fear of conflict or ignorance of their rights.
The "Pre-Move-Out Inspection" Trap
Some landlords propose an unofficial "pre-move-out inspection," where they list points to "review" before the real inspection. This document has no legal value. It's only meant to pressure you into doing work that isn't your responsibility.
Only the move-out inspection, whether contradictory or conducted by a bailiff, counts. And it must be compared to the move-in inspection.
The Risk of Unlawful Deductions from the Security Deposit
If you refuse to repaint, your landlord might be tempted to deduct the cost of painting from your security deposit. That's illegal if the damage is due to wear and tear. But to contest it, you need to know the rules for restitution and deadlines. Check our complete guide on the security deposit to know exactly what to do.
Concrete Example: The Gate After 16 Years
Let's revisit the typical situation. You've been a tenant for 16 years. The metal gate in front of the entrance has never been repainted by the landlord. The paint is peeling, rust is appearing in places.
Analysis:
- Cause of damage: prolonged exposure to the elements. No abusive use on your part.
- Duration of exposure: 16 years. Even professional-grade paint has a limited lifespan outdoors, generally 8 to 12 years depending on the climate.
- Legal classification: pure and simple wear and tear.
- Consequence: exclusive responsibility of the landlord, under Article 1755 of the Civil Code.
If your landlord insists, ask him to state on what legal basis he's claiming this painting from you. Article 1755 will answer for you.
Exceptions to Know
Exception #1: Damage Caused by Your Actions
If the gate was damaged by an impact (car, moving, vandalism for which you're responsible), it's no longer wear and tear. It's damage attributable to the tenant. In that case, the repair may be your responsibility.
Exception #2: The Lease Clause
Some leases contain clauses that transfer to the tenant responsibilities normally assigned to the landlord. These clauses are deemed unwritten if they contradict the law. A clause requiring you to repaint exterior elements subject to wear and tear would be abusive and unenforceable. To spot this type of clause, see our guide on abusive clauses.
Exception #3: Commercial or Professional Leases
Article 1755 of the Civil Code applies to residential leases. For commercial or professional leases, rules may differ depending on the contract's clauses. If you're in this case, check your specific lease.
Checklist: What to Do If Your Landlord Demands Exterior Painting
- Don't pay anything and don't do the work until you've verified the legal classification of the damage.
- Re-read your move-in inspection: is the gate mentioned? In what condition?
- Take dated photos of the gate's current condition.
- Respond in writing to your landlord, citing Article 1755 of the Civil Code.
- Ask him to justify how this damage results from abnormal use on your part.
- Keep all evidence: letters, emails, photos, testimonies.
- If you're leaving the property, demand a contradictory move-out inspection or one by a bailiff.
- In case of unlawful deduction from the security deposit, contest within legal deadlines.
Possible Actions
Action 1: The Firm but Polite Letter
Send a registered letter with acknowledgment of receipt to your landlord. Remind him of Article 1755 of the Civil Code and state that the gate's deterioration is wear and tear, thus his exclusive responsibility. Ask him to stop his demands.
Action 2: Verify Your Lease
Before sending anything, analyze your lease to check it doesn't contain other abusive maintenance clauses. An illegal clause doesn't obligate you, but it's good to know before negotiating.
Action 3: Contesting the Security Deposit Deduction
If you're at the end of the lease and the landlord deducts the painting cost from your security deposit, you can contest. The restitution deadline is one month if the move-out inspection matches the move-in, two months otherwise. Beyond that, penalties accrue. See our guide on security deposit restitution for the exact procedure.
Action 4: The Departmental Conciliation Commission
If the disagreement persists, contact the departmental conciliation commission (CDC). It's free and often helps resolve the situation without going to court.
FAQ
Is painting shutters the tenant's responsibility?
Same logic as the gate. If the shutters are deteriorated by time and weather, it's wear and tear, so the landlord's responsibility. If you damaged them (impact, mishandling), it's your responsibility.
My landlord is asking me to repaint the interior before leaving. Should I do it?
Only if the move-out inspection shows damage compared to the move-in. Walls yellowed by time or normal wear marks don't justify repainting at your expense. However, nicotine stains, unfilled holes, or greasy fingerprints can justify a deduction.
Can I refuse to do work during the lease?
Yes. The landlord can't impose maintenance work on you during the lease. Tenant repairs are only due at the end, and only if they result from abnormal use.
What if the landlord threatens not to return my security deposit?
Remind him of the legal restitution deadlines and late penalties. If he persists, contact the conciliation commission or the judge for protection disputes. Our guide on the security deposit details all the steps.
Is wear and tear assessed based on years of occupancy?
No. Wear and tear is assessed based on the age and condition of the items in question, not the duration of your occupancy. A 20-year-old gate will be considered worn even if you've only been there for 2 years.
Sources
- Article 1755 of the Civil Code - Légifrance
- Decree No. 87-712 of August 26, 1987 on tenant repairs - Légifrance
- Tenant repairs: what is the tenant's responsibility - Service-Public.fr
Legal Information
The information presented on this page is provided for informational purposes and is based on the texts and sources available at the time of its publication or last update. Legislation, regulations, and case law may evolve at any time. The results and explanations offered by bail.immo do not constitute legal advice and do not replace the opinion of a lawyer or another competent legal professional.