Is the landlord responsible for the nuisance caused by his tenant?
Verified 14 September 2026 - Public Service / (Prime Minister)
The owner can be held responsible for the nuisance caused by his tenant if these disorders exceed the normal inconveniences of the neighborhood and if he does not act to stop them as soon as he knows about them. We present you the information to know.
The tenant must peacefully use the rented premises. This means that he must use the accommodation in accordance with its destination (home or professional use) and with respect for the tranquility of the neighborhood.
Indeed, the tenant must not be at the origin of nuisances that go beyond the normal disadvantages of the neighborhood, that is to say that the disorder must be repeated, excessive or abnormal in relation to the uses of the place and the usual schedules.
It cannot therefore be the sounds of everyday life (for example, children playing, heels on the floor, furniture moved occasionally, occasional party, works made during the day, temporary parking of an object in the common areas).
These disorders may exist in the case of:
- Nuisance sound or olfactory (for example, prolonged use of musical instruments or noisy devices at inappropriate times, frequent parties at night)
- Violence against third parties (e.g. verbal threats or regular insults, physical assault, psychological harassment)
- Degradation or congestion of common areas
- Non-compliance with condominium rules.
FYI
The tenant is responsible for the nuisance caused by the people he hosts, even if they are adults.
Neighbor's action towards tenant and owner
When a neighbor is a victim of nuisance from a tenant, several steps must be followed to stop the disorder:
- The neighbor must go see the tenant who occupies the dwelling from which the nuisance originates to tell him about his discomfort and ask him to put an end to this nuisance.
- If the tenant does not act, the neighbor must send him a simple letter. This letter must mention the origin of the disorder, the discomfort caused in his daily life and the need to stop the nuisance suffered.
- If the tenant still does not act, the neighbor must send him a registered letter with acknowledgement of receipt on giving notice to cease the discomfort caused by noise. This letter repeats the information contained in the previous letter.
It is possible to use a letter template:
Mail template to give notice to stop neighborhood nuisance
In parallel, the neighbor must send a registered letter with acknowledgement of receipt to owner of the dwelling for:
- Inform him of the nuisance suffered due to the behavior of the tenant
- And ask him to carry out all the actions / steps necessary and useful to stop the nuisance.
It is possible to use a letter template:
Template of mail to report repeated neighborhood nuisance and request for intervention
FYI
If the identity of the owner is not known, it is possible to contact the trustee, whose coordinates are displayed in the common areas. The trustee may, if he is authorized to do so, communicate the contact details of the owner or, at the very least, transmit to the latter the report concerning the nuisance caused by his tenant.
If the nuisances take place in a condominium, the neighbor must contact the syndic of co-ownership who will notify the owner of the property.
It is also possible to call on the police (police or gendarmerie) to ascertain the nuisances. Their intervention consists in making a noise assessment (especially in case of nocturnal noise) as well as a verbalization of the author if the disorders are proven (confirmed).
Please note
It is recommended that the neighbor gather as much evidence as possible to support the letters such as:
Action of the landlord towards his tenant
Once informed of the wrongful behavior of its tenant, the owner shall:
- Formal notice to the tenant stop the nuisance. This formal notice shall be sent by registered letter with acknowledgement of receipt or by deed of a commissioner of justice
This letter contains a description of the nuisance suffered by the neighbors as well as the history of the steps that have been taken to remove the disorder. The owner must attach documents to support his/her claim (e.g. complaints received from neighbors). - If the tenant does not react, the landlord must call on a conciliator of justice (free approach) or at a mediator (paid approach) or perform a participatory procedure (paid procedure with recourse to a lawyer) for find an amicable solution with his tenant.
- If the nuisance persists, the owner can have the termination of the lease confirmed if it contains a nuisance termination clause. If not, he can ask the judge to terminate the lease.
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Lease with a clause to terminate for nuisance
The rental agreement may contain a resolution clause which provides for its termination in the event of the tenant's failure to fulfill his obligation to use the premises peacefully.
In this case, if the preliminary amicable steps have not been successful, the owner can appeal to the court of the location of the building. By this action, he asks the judge to:
- Declare the termination of the lease for fault of its tenant
- Evict the tenant.
It is recommended to be accompanied by a lawyer for this procedure.
FYI
The owner may also, when the end of the lease is near, send to the tenant at least 6 months before this date, a leave (notice) for legitimate and serious reasons based on the existence of nuisances.
Absence of termination clause
If the lease agreement does not provide for termination clause for nuisances, the owner must take legal action before the court of the location of the building to request the termination of the lease and eviction of the tenant.
The landlord must prove the failure of his tenant.
The judge then has a broad power to assess whether the fault of the tenant is of sufficient gravity to justify the termination of the lease.
It is recommended to have a lawyer assist you in this procedure.
FYI
The owner may also, when the end of the lease is near, send to the tenant at least 6 months before this date, a leave (notice) for legitimate and serious reasons based on the existence of nuisances.
The neighbor can appeal to the court of the place where the building is located for engage the owner's responsibility and claim damages for the damage suffered.
If the nuisances take place in a condominium, the neighbor can also take legal action to request the termination of the lease agreement. This is a oblique action for which it is recommended to be accompanied by a lawyer.
In this case, it is necessary to prove:
- The violation of the condominium rules by the tenant, possibly the breach of the lease contract
- The inadequacy of the landlord, that is to say the fact that he did not act against his tenant
- The damage suffered as a result of the tenant's actions.
Who can help me?
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For more information on this subject, you can contact Allô Service Public.
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The informants who answer you belong to the ministry in charge of housing and urban planning.
- Departmental Agency for Housing Information (Adil)
- House of Justice and Law
Articles 3, 4g, 6-1 and 7b
Obligations of the tenant
Ability to terminate the lease
Oblique Action
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