The essentials
As a rule, the landlord. Since France's 2018 ELAN law, a landlord must let a decent home “free of any infestation of harmful species and parasites”. Treatment remains their cost unless they show the infestation results from the tenant's negligence or lack of upkeep. The insecticide and disinfection products themselves, not the labour, can however be recovered through service charges.
The question comes up as soon as a tenant finds cockroaches under the sink or bed bugs in the mattress. Here are the main rules in brief. For a specific case or a dispute, your département's ADIL (housing information agency) gives free advice.
The principle: a pest-free home
Article 6 of law no. 89-462 of 6 July 1989, as amended by article 142 of the ELAN law of 23 November 2018, requires the landlord to hand over a decent home “free of any infestation of harmful species and parasites”. Cockroaches present when the tenant moves in therefore breach that duty.
During the tenancy, the landlord also handles upkeep and non-tenant repairs. In 2019 the ministry responsible for housing stated, regarding bed bugs, that insect treatment falls to the landlord unless a lack of upkeep by the tenant is proven.
What can be passed on
Decree no. 87-713 of 26 August 1987 sets out the recoverable charges. Its “Hygiene” heading lists products for insect control and disinfection, without labour. Rodent control does not appear on that list.
Practical steps
To move quickly and keep a record:
- Notify the landlord or agency in writing at the first signs, with photos.
- Keep the photo report from the visit and dated correspondence.
- If the cockroaches come from the common areas, the landlord refers it to the building manager (syndic).
- If you disagree, the ADIL or the departmental conciliation board can help.
Remember
- A rented home must be free of pests (ELAN law, 2018).
- Treatment is in principle the landlord's cost.
- The exception is negligence by the tenant, and the burden of proof lies with the landlord.
- Only insect-control and disinfection products are recoverable, not labour.
General information, valid at the date of publication; it is no substitute for advice from a lawyer or a health professional.