Your home is unhealthy, what to do?
As a tenant, it is not always easy to turn against your landlord, even in the case of renting an unhealthy home! However, there are specific procedures in Luxembourg in such cases. The tenant of a house must be able to enjoy it in the best possible conditions. For example, by renting an apartment or an unhealthy house, which is actually a health risk, a tenant will have recourse. Here is the procedure to follow if you find yourself in this situation.
What are the situations concerned?
The healthiness of a dwelling is a term that refers to the fact that the physical condition of a tenant is not at risk during his period of residence. If, in one way or another, the current state of an apartment or house does not offer the best health guarantees to its occupant, it can be considered as unhealthy. For example, the following cases may illustrate the insalubrity of a dwelling:
- Insufficient wall thickness or bad insulation, which accumulates moisture in the apartment
- Persistent and frequent foul smells
- Kitchen appliances that do not provide good hygiene when cooking food
- A faulty maintenance of the technical equipment of a building, such as an elevator.
The Luxembourg Civil Code provides that an owner must rent property that is in "good state of repair of any kind" . Moreover, this landlord undertakes, under the Civil Code, to guarantee to the tenant defects and defects that would prevent the full use of housing.
How to act?
If your home is unhealthy, the rule is clear and states that it is the responsibility of the homeowner to return a home that meets safety and health standards. As a tenant, it will be possible for you to compel your landlord to carry out the work necessary to bring the property into compliance . This work can be important, such as setting up new windows for example, or lighter, such as changing an electrical outlet.
In order to solicit the owner, it is advisable to write him a registered letter which will prove the date of sending and reception of your request. From there, the owner will have to carry out the necessary work of compliance, unless he contests them and wishes to initiate legal proceedings . If the problems are more serious, you can go directly to the legitimate judge in your area, in order to obtain a reduction of rent proportional to your inconvenience. You will also be able to initiate a legal process of termination of the lease . The unhealthy character will play in your favor, provided it is real and found !
As a tenant of unhealthy housing, you have resources at your disposal. Consumer protection associations , such as the Luxemburg Union of Consumers for example, will be perfectly competent to guide you in your steps. Getting closer to this type of organization will allow you to respect the procedure as closely as possible and not to put yourself at fault during the various stages. Finally, the association will be able to indicate you the most relevant actors to contact to make note the insalubrity.
The unsanitary housing is therefore a major subject on which the legislation is rather strict . In fact, any owner who does not respecthis obligations will put himself at fault and risk financial penalties in the case of a judicial judgment. We advise you to take the time to present your recourse to specialized associations, which are used to seeing this kind of file. You will simplify your life in terms of paperwork and save time in your research.