Exterior Painting and Maintenance: Who Pays, Tenant or Landlord? (France)

You've just received a message from your landlord: "The metal fence is rusty; it should be repainted before the end of the lease." Or maybe they're asking you to freshen up the shutters, clean the facade, or replace a damaged gutter. You're wondering if it's really your responsibility to pay. Good news: in most cases, exterior maintenance related to normal wear and tear is not your responsibility. But it all depends on what's written in your lease, the move-in inspection report, and the exact nature of the work.

The 30-Second Answer

No, you don't have to repaint a rusty fence, faded shutters, or a facade simply marked by time. These tasks fall under wear and tear (vétusté)—that is, normal deterioration of the dwelling—and remain the landlord's responsibility. You are only responsible for tenant repairs and routine maintenance, such as cleaning accessible gutters or replacing a faulty seal. If your lease contains a clause requiring you to repaint the exterior, it is likely abusive and therefore unenforceable.

Before picking up a paintbrush, check your contract and the move-in inspection report. If you're unsure about a clause, have your lease analyzed to identify what is actually enforceable: https://bail.immo/.

What the Law Says

The law of July 6, 1989 (loi du 6 juillet 1989) organizes the division of responsibilities between tenant and landlord. Article 7 requires the tenant to handle routine maintenance and minor repairs, unless they are caused by wear and tear, faulty workmanship, a construction defect, force majeure, or landlord negligence. Article 1755 of the Civil Code specifies that tenant repairs concern items in everyday use, such as faucets, switches, or seals. Exterior paint, however, is not a tenant repair: it's a major repair tied to the passage of time, and therefore the landlord's responsibility.

Decree No. 87-712 of August 26, 1987 lists tenant repairs. It mentions routine maintenance of "interior finishes" (walls, floors, ceilings) but says nothing about exterior paint, facades, or fences. In practice, case law holds that refreshing exterior paint is the landlord's responsibility, as it's an improvement or preservation expense linked to wear and tear, not simple routine maintenance.

Why This Can Be a Problem

The real trap is the lease clause. Some contracts contain a sentence like: "The tenant agrees to repaint exterior woodwork and the fence every five years." However, a clause that transfers to the tenant an obligation that legally belongs to the landlord is deemed unwritten. You don't have to comply, even if you signed the lease. The judge for protection disputes (juge des contentieux de la protection) can void it if you bring the matter before them.

Another difficulty: the line between routine maintenance and wear and tear. Cleaning a gutter clogged with leaves is routine maintenance. Replacing a gutter corroded through is wear and tear. If your landlord asks you to repaint a fence because it's rusty, that's wear and tear. If they ask you to clean it because you let mud accumulate, that's routine maintenance. The distinction matters because it determines who pays.

Let's take a concrete example. You rent a house with a small garden enclosed by a metal fence. At move-in, the inspection report notes "fence painted green, some chips." After three years, the paint is peeling across the entire surface and rust is appearing. Your landlord asks you to repaint it before the move-out inspection. You refuse, because it's normal wear and tear from time. The landlord then withholds €400 from your security deposit. You dispute it by sending a certified letter with photos from the move-in and move-out inspections. If the case goes to court, the judge will likely find the withholding unjustified, because exterior paint falls under wear and tear.

Exceptions to Know

There are a few cases where you might be responsible for paying, at least in part:

Abnormal damage: If you damaged the fence yourself (e.g., hit it with your car, kicked it, etc.), you must repair the damage you caused.
Failure to perform routine maintenance: If you never cleaned the gutters and they're so clogged they cause a leak, you may be held responsible for the consequences.
Specific clause validated by local custom: In some single-family home rentals, a local custom may place exterior maintenance on the tenant, but this is rare and must be proven by the landlord.
Commercial or professional lease: The rules are different. In a commercial lease, the tenant may be responsible for major repairs, including exterior painting, if the lease expressly provides for it.

Checklist: Who Pays for What?

Exterior paint peeling due to age → Landlord
Fence rusted from moisture → Landlord
Shutters faded by the sun → Landlord
Facade dirty or mossy → Landlord
Gutter corroded through → Landlord
Cleaning accessible gutters → Tenant
Replacing an exterior faucet seal → Tenant
Damage caused by impact or misuse → Tenant

Possible Actions

Re-read your lease and identify clauses about exterior maintenance. If a clause requires you to repaint, note it.
Compare the move-in and move-out inspection reports. If the deterioration already existed at move-in, you're not responsible.
Take dated photos of the item in question, especially if the deterioration is progressing.
Respond in writing to your landlord, explaining that exterior paint falls under wear and tear, not routine maintenance. Stay courteous but firm.
If the landlord withholds your security deposit, dispute it by certified mail with return receipt, attaching evidence.
If the disagreement persists, contact the departmental conciliation commission (free) or the judge for protection disputes.

If you're unsure about interpreting your lease, have it analyzed before incurring costs: https://bail.immo/.

FAQ

Can my landlord force me to repaint the fence before I leave? No, unless the damage is your fault. Exterior paint falls under wear and tear and remains the landlord's responsibility.

Is a lease clause requiring me to handle exterior maintenance valid? No, such a clause is deemed unwritten because it transfers a legal obligation from the landlord to the tenant. You can contest it.

Who pays for gutter cleaning? The tenant must handle routine maintenance, so cleaning accessible gutters. But replacing a gutter corroded through is the landlord's responsibility.

What if the landlord withholds my security deposit for exterior paint? Dispute it by certified letter with the inspection reports and photos. If the disagreement persists, contact the conciliation commission or the judge.

Is wear and tear assessed the same way everywhere in France? Yes, the law of July 6, 1989 applies throughout the territory, but local customs can sometimes influence the judge's assessment. Stay cautious and document everything.

Sources

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 change 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 other qualified legal professional.