A host's legal duties and liability regarding pests

Decent housing and freedom from pests

The law of 23 November 2018, known as the loi ELAN, added to the definition of decent housing an express requirement that the property be free of infestation by pests and parasites. The landlord must therefore deliver a property that meets that standard, whether let unfurnished or furnished.

The duty is not limited to the start of the tenancy: the landlord must keep the property fit for its intended use. In practice, an owner who knows about an infestation and does nothing risks a formal notice, a rent reduction and, where loss is proven, damages.

Who bears the cost of treatment depends on where the infestation came from. An infestation present on arrival, of collective origin or linked to the structure of the building falls to the landlord; one clearly introduced and sustained by the occupant may be attributed to them. In reality proof is difficult — which is exactly what gives dated reports and findings their value.

Holiday lets: a contractual duty on top

In short-term letting you are selling an accommodation service, and consumer law requires that service to match what was advertised. An infested property does not, whatever the source of the problem, and the guest can claim a refund and the direct consequences.

Rules specific to furnished tourist accommodation apply as well: registration with the town hall, a registration number in certain municipalities, and compliance with health rules for the property. Many Paris-region municipalities actively enforce these obligations.

Co-ownership and departmental health regulations

The departmental health regulations require owners and occupants to take the measures needed to prevent rodents and insects from proliferating, and to keep premises permanently clean. They are the legal basis on which the mayor and municipal health services act when a situation persists.

In a co-owned building, common areas — cellars, bin rooms, service ducts, refuse chutes — are the responsibility of the owners' association. Where the infestation is shown to originate there, treating those areas falls to the co-ownership. Always notify the building manager in writing: that letter engages collective responsibility and protects you.