The landlord’s responsibility…

The landlord’s responsibility…

The landlord’s responsibility to deliver… an apartment in good and safe condition (athome.lu)

The landlord’s responsibility to deliver…

an apartment in good and safe condition

Anytime a landlord offers a property to rent, the owner must ensure that the property is made available in good and safe condition.

This means that before any premises are rented, landlord is obliged to carry out any repairs and refurbishing, which are required to deliver the property to tenant; this applies also to such repairs that during the residential lease agreement are usually included in tenant’s duties (as decided by the Court of Luxembourg, March 26, 1998, No. 56336).

Ms Claudia Thirion states that the parties may derogate from this rule by a clause included in the lease agreement. This type of clause is frequently implemented and added to such agreements, particularly when the parties agree that tenant will be responsible for the refurbishing of the leased premises.

The absence of any complaint by tenant within a reasonable time after moving into the leased premises implies that tenant has accepted the property in its current condition.
If tenant finds that the leased property is defective, he must insist that landlord takes responsibility – and does so in writing – to fix any such defaults.   

.... an apartment which fulfils minimum standards of safety

A Grand-Ducal Regulation which dates back to February 25, 1979 determines the criteria in terms of sanitation and hygiene for premises made available for rent.

Ms Claudia Thirion explains that rented dwellings must be constructed and equipped according to the standards applied in Luxembourg and fulfil criteria of habitability.

The leased property must be in good condition and meet the minimum standards of health and safety.

For example, any property which is made available for rent in the Grand Duchy of Luxembourg must meet the minimum security conditions against fire hazards, gas and electricity; tenant must have free access to sanitary facilities in the building, which are to be located in rooms equipped with heating, etc.

Similarly, the law states that ‘the floor area of ​​a housing made available for rental or residential purposes cannot be less than 9 sq. m.” (for occupancy by one person).

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