Broken roller shutter: who pays, the tenant or the landlord?

The general rule: wear and tear vs. misuse

The question of liability is at the heart of the problem. To determine whether the tenant or the landlord should pay, the first step is to identify the cause of the damage. Is it due to normal wear and tear on the equipment or misuse by the occupant? This is the first step in understanding who should be responsible for the repair work.

Tenant-paid rental repairs

As the occupant of the property, the tenant is responsible for maintaining the shutters. This refers to “minor repairs” related to everyday use and the need to keep the property in good working order.

The tenant must maintain the roller shutter, which includes:

• Regularly cleaning the shutter and its tracks to prevent it from jamming.
• Replacing small parts that wear out over time, such as the strap or crank handle of a manual roller shutter.
• Tightening a screw or lubricating a part that is sticking.
• Repairing minor damage that they have caused themselves.

The tenant is responsible for rental repairs that are clearly defined by law. Their job is to maintain the equipment so that it does not deteriorate prematurely. This is a routine maintenance task

Major repairs payable by the landlord

The landlord, or lessor, is required to provide decent rental accommodation in good repair. They are responsible for major repairs that are not related to the tenant’s daily use of the property. The landlord is liable for breakdowns or problems resulting from age, force majeure, construction defects, or poor workmanship.

Repairs at the landlord’s expense include:

• Replacement of the entire roller shutter or its mechanism in the event of abnormal wear and tear. An electric roller shutter whose motor fails after many years of service is a perfect example.
• Replacement of slats warped by the sun or a manual mechanism that fails for no obvious reason.
• Damage caused by a violent windstorm, flooding, or any other disaster considered to be a force majeure event.
• Problems related to an originally defective installation, a construction defect, or a hidden defect.

It is the landlord’s responsibility to repair or replace this heavy equipment. The repair is the responsibility of the owner, who bears the corresponding costs.

The specific case of a stuck roller shutter

A stuck roller shutter is one of the most common situations. Before considering repair costs, it is important to determine the cause of the blockage.

Causes of jamming

The most common problems are:

• A dislocated slat: it has shifted and is blocking the shutter’s movement.
• Clogged runners: dirt, dust, or debris has clogged the runners, preventing the shutter from lowering or raising properly.
• A faulty motor: in the case of an electric roller shutter, it may be broken and no longer respond.
• A faulty mechanism: in a manual roller shutter, the crank or strap may have an internal problem.

Tenant’s first steps

If a roller shutter is stuck, the tenant’s first step should be to try to fix the problem without risking making the situation worse. Simply wiping the side channels with soapy water may sometimes be enough to repair the shutter. It is also possible to try to gently reposition a dislocated slat if you have access to the box. If you are a tenant and you have this problem, it is a good idea to clean the parts to see if that is enough.

When should you call in a professional?

If these initial measures are not enough, you must inform the landlord so that they can take action. It is essential not to force the shutter to avoid misuse, which could result in a more expensive repair that the tenant would have to pay for. If the problem seems to be related to the mechanism, it is essential to call in a professional for repairs. The tenant is not responsible and it is up to the owner to take action.

The owner’s obligations and the tenant’s responsibilities

The rental agreement and the law set out the obligations of each party.

Legal obligations of the owner

The landlord is obliged to provide the tenant with a decent apartment that is in good working order and safe. Roller shutters that are in poor condition or not working can be considered a breach of this obligation, particularly if they affect the thermal insulation or safety of the property, as is the case for an apartment in Paris. The landlord must therefore pay for the repairs necessary to maintain the property in this condition.

Procedure to follow for tenants

If you are a tenant and the shutter is broken or stuck, here is the procedure to follow:

1. Report the fault: inform your landlord or rental agency in writing, ideally by email or registered mail. Remember to attach photos as proof and to date your request. This step is crucial in the event of a dispute. “Hello, I am a tenant” is what you can write at the beginning of your email.

2. Obtain a quote: if the problem is the landlord’s responsibility, it is up to them to obtain a repair quote from a repairer. It is important not to order the work yourself without the landlord’s agreement, otherwise you may have to pay the bill yourself.

3. Home insurance: it is a good idea to check whether your insurance covers part of the damage. Most home insurance policies include civil liability coverage that may cover certain claims, although it rarely covers normal wear and tear.

What happens if the landlord does not respond?

If the landlord refuses to take action or does not respond, the tenant has recourse. After sending a formal notice by registered mail, it is possible to refer the matter to the Departmental Conciliation Commission or the protection litigation judge. Litigation can be costly and time-consuming, so it is essential to keep all written communications to prove your good faith.

Managing the situation and costs as effectively as possible

In summary, the responsibility of the tenant or landlord depends on the cause of the damage. Normal wear and tear, breakdowns, and construction defects are the responsibility of the landlord, while routine maintenance and damage caused by misuse are the responsibility of the tenant. The lease agreement, the move-out (and move-in) inventory, and the wear and tear schedule attached to the lease are essential documents for determining liability.

The best way to handle this type of situation is to focus on dialogue and good faith. As a tenant, it is important to report the breakdown as soon as it occurs. As a landlord, it is essential to act quickly to keep the apartment in good condition.

To avoid finding yourself in this situation in the future, regular maintenance of the shutters is the best advice. Cleaning the tracks, lubricating the mechanical parts, and using the equipment with care will extend the life of the shutters and save you a lot of trouble.