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In some cases, the tenant must allow the lessor access to the rented accommodation. This is not a right of access per se, but rather a right of access that is applicable when circumstances require and under certain conditions.
If the lease provides for this, the landlord or his representative (in particular the real estate agent) has access to the property if the tenant gives leave or when the property is offered for sale. The purpose of these visits is to re-let the property or to sell it. The conditions of these visits must be determined by mutual agreement between the owner and the tenant. These visits should not be organized:
- nor a holiday,
- nor for more than 2 hours on working days .
In the course of certain works which the tenant has to leave in the dwelling he occupies, the owner can reserve the possibility of visiting the places accompanied by professionals (architect, craftsman …). This is the case in particular for:
- urgent repairs,
- necessary improvements in the privative or common areas,
- work required to maintain the condition and normal maintenance of the dwelling,
- energy performance work,
- work that meets the criteria for decent housing.
Before the work begins, the lessor informs the tenant of the nature of the works and the procedures for their execution by notification. He gives her:
- in person,
- or by registered letter with acknowledgment of receipt.
For the preparation and execution of this work, the tenant must allow access to his housing:
- every day except Saturdays, Sundays and public holidays (unless he gives his consent),
- for a reduction of rent if the works last more than 21 days.
If the work:
- are abusive,
- or do not comply with the conditions laid down in the notification of works,
- or make the use of housing impossible or dangerous,
the court of first instance may, at the request of the tenant, request the prohibition or interruption of the work undertaken. The tenant may also request the termination of the lease if the work renders the dwelling uninhabitable.