2023-09-30 08:42:42
Between 1 and 2 million people will be infested by bedbugs in 2022, according to various experts. Le Figaro questioned. Figures which do not take into account those who, due to lack of means or shame, do not dare to request technical intervention. “We can multiply these figures by two or three», Says one of them. These insects are very small but because of them, your life can turn into a nightmare, even after disinfection of your home. The co-owners can attest to this. Because how do you know whether to treat only the infested home or the entire building? The same in the case of a rental: owners and tenants seem at a loss to know who should pay for the cleaning.
What does the law say in this case? We must refer to the basic principle which governs the rental of accommodation. “The lessor is required to provide the tenant with decent accommodation […] free from any infestation of harmful and parasitic species», explains the law of July 6, 1989 (article 6 amended by article 142 of the housing law promulgated in November 2018). «The law confirms the fact that the burden of proof rests on the lessor, the strongest economic party», explains Rivka Tordjman, lawyer in environmental law and business law, who specializes in the issue of bedbugs.
“Blurred contours”
In other words, in principle, it is up to the owner to pay the disinfection costs. Unless he can prove that the presence of bedbugs is attributable to the tenant. In this case, it is the latter who will have to pay the costs incurred. It is still necessary, and this is the difficulty, for the owner to be able to prove it. “It is often the occupant of the accommodation who introduces bedbugs but it is extremely difficult or even impossible for the lessor to provide proof.», affirmed Rivka Tordjman.
But, in reality, it’s not as simple as that unfortunately. “The contours of the law are blurred», denounces Cathy Racon-Bouzon, Renaissance deputy for Bouches-du-Rhône who submitted a report to the government on bedbugs three years ago. The parliamentarian points out the expenses linked to the disinfection of housing. “If the treatment intended to eliminate bedbugs is the responsibility of the lessor, payment of additional costs (replacement of bedding, irrecoverable furniture, hotel nights for temporary rehousing) is not set in stone.» So much so that, even if “the case law is mainly in favor of tenants», according to Riva Tordjman, it happens that the lessor is relieved of all liability, as decided by the Lyon Court of Appeal in January 2021. And, in this case, if the tenant does not carry out the necessary work, the owner can do them himself and pass the cost on to the rent.
In order to relieve both parties, more and more elected officials want the risk of bedbugs to be included in home insurance. “Currently, this is not the case in almost all contracts », Says Nicolas Roux de Bézieux, founder of the company Badbugs.fr, which recently created, with the IMA (Inter Mutuelles Assistance) group, insurance against bedbugs. Its cost? Two euros per month.
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