When a simple shower leads to the eviction of a tenant

Undertaking major work in a dwelling of which you are a tenant cannot be done lightly. At least not by forgetting to notify the owner. In this recent decision of the Paris Court of Appeal, spotted and commented on his blog by the lawyer specializing in real estate law Me Gabriel Neu-Janicki, a tenant learned the hard way. In a dispute between a tenant and her landlord regarding the unauthorized installation of a shower in the accommodation (CA Paris, pole 4 ch. 4, Oct. 25, 2022, n° 20/03687, see below), the court finally ordered the termination of the lease and the eviction.

Indeed, even if the date of the transformation of WC into a walk-in shower could not be established with precision in this Parisian apartment, it is clear that no authorization was requested from the owner. However, the work was substantial since the room used as sanitary facilities, which only included a toilet bowl, accommodated a concrete screed 24 centimeters thick. Works which, moreover, were not done according to the rules of the art according to the judicial expertise, since the pipes are embedded under a large concrete base and they are not accessible in the event of a leak.

Lack of good faith

To top it off, the co-ownership was no more informed than the owner and the screed, whose weight would be one ton according to the lessor’s architect, poses a real risk to the floor and its ability to resist under such a load. Justice deduces the termination of the lease, and noting that the tenant is not in good faith, she cannot benefit from the maintenance on the spot. Considered an occupant without right or title, all she has to do is leave the premises.

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